82 FR 8403 - Ammonium Sulfate From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 15 (January 25, 2017)

The U.S. Department of Commerce (``the Department'') determines that ammonium sulfate from the People's Republic of China (``PRC'') is being, or is likely to be, sold in the United States at less than fair value (``LTFV''). The period of investigation is October 1, 2015, through March 31, 2016. The final dumping margin of sales at LTFV is listed below in the ``Final Determination'' section of this notice.

[Federal Register Volume 82, Number 15 (Wednesday, January 25, 2017)]
[Notices]
[Pages 8403-8404]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01653]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-049]


Ammonium Sulfate From the People's Republic of China: Final 
Affirmative Determination of Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce.

SUMMARY: The U.S. Department of Commerce (``the Department'') 
determines that ammonium sulfate from the People's Republic of China 
(``PRC'') is being, or is likely to be, sold in the United States at 
less than fair value (``LTFV''). The period of investigation is October 
1, 2015, through March 31, 2016. The final dumping margin of sales at 
LTFV is listed below in the ``Final Determination'' section of this 
notice.

DATES: Effective January 25, 2017.

FOR FURTHER INFORMATION CONTACT: Maliha Khan, AD/CVD Operations, Office 
IV, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, 
DC 20230; telephone: (202) 482-0895.

SUPPLEMENTARY INFORMATION: 

Background

    On November 9, 2016, the Department published the Preliminary 
Determination.\1\ Interested parties were invited to submit comments on 
the Preliminary Determination,\2\ but no comments were received. 
Additionally, no party requested a hearing.
---------------------------------------------------------------------------

    \1\ See Ammonium Sulfate from the People's Republic of China: 
Preliminary Determination of Sales at Less Than Fair Value, 81 FR 
78776 (November 9, 2016) (``Preliminary Determination''), and 
accompanying Preliminary Issues and Decision Memorandum (``PDM'').
    \2\ See Preliminary Determination, 81 FR 78776-78777; see also 
Ammonium Sulfate from the People's Republic of China: Correction to 
the Preliminary Determination of Sales at Less Than Fair Value, 81 
FR 84554 (November 23, 2016).
---------------------------------------------------------------------------

Scope of the Investigation

    The scope of the investigation covers ammonium sulfate from the 
PRC. For a complete description of the scope of this investigation, see 
Appendix I.

Analysis of Comments Received

    As noted above, we received no comments in response to the 
Preliminary Determination.

Use of Adverse Facts Available

    As stated in the Preliminary Determination, we found that the PRC-
wide entity was unresponsive to the Department's requests for 
information. Specifically, as discussed in the Preliminary Decision 
Memorandum, of the 95 companies identified in the petition, only five 
submitted quantity and value (``Q&V'') information. However, none of 
the Q&V responses were useable for respondent selection

[[Page 8404]]

because three of the five responses submitted no shipment notifications 
and the remaining two included Q&V data showing that the companies did 
not ship to the United States the subject merchandise during the period 
of investigation.\3\ Without a useable Q&V response from a potential 
respondent, we were unable to select a mandatory respondent for 
individual examination in accordance with our normal methodology and 
calculate a rate. Therefore, the Department found that the PRC-wide 
entity failed to provide necessary information, withheld information 
requested by the Department, failed to provide information in a timely 
manner, and significantly impeded this proceeding by not submitting the 
requested information. Furthermore, because the PRC-wide entity failed 
to provide any information, for this final determination, the 
Department continues to find that use of facts available is warranted 
in determining the rate of the PRC-wide entity, pursuant to sections 
776(a)(1) and (a)(2)(A)-(C) of the Tariff Act of 1930, as amended 
(``the Act).\4\
---------------------------------------------------------------------------

    \3\ See Preliminary Determination, and PDM at 4.
    \4\ See, e.g., Notice of Preliminary Determination of Sales at 
Less Than Fair Value, Affirmative Preliminary Determination of 
Critical Circumstances and Postponement of Final Determination: 
Certain Frozen Fish Fillets From the Socialist Republic of Vietnam, 
68 FR 4986, 4991 (January 31, 2003), unchanged in Notice of Final 
Determination of Sales at Less Than Fair Value and Affirmative 
Critical Circumstances: Certain Frozen Fish Fillets from the 
Socialist Republic of Vietnam, 68 FR 37116 (June 23, 2003).
---------------------------------------------------------------------------

Final Determination

    The final weighted-average dumping margin is as follows:

------------------------------------------------------------------------
                                                      Weighted-average
                 Exporter/producer                    margin  (percent)
------------------------------------------------------------------------
PRC-Wide Entity...................................               493.46
------------------------------------------------------------------------

Disclosure

    The weighted-average dumping margin assigned to the PRC-wide entity 
in the Preliminary Determination was based on adverse facts available. 
As we have made no changes to the margin since the Preliminary 
Determination, no disclosure of calculations is necessary for this 
final determination.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, the Department 
will instruct U.S. Customs and Border Protection (``CBP'') to continue 
to suspend liquidation of all appropriate entries of ammonium sulfate 
from the PRC, as described in Appendix I of this notice, which were 
entered, or withdrawn from warehouse, for consumption on or after 
November 9, 2016, the date of publication in the Federal Register of 
the affirmative Preliminary Determination.
    Further, pursuant to section 735(c)(1)(B)(ii) of the Act, the 
Department will also instruct CBP to require for all PRC exporters/
producers of merchandise under consideration, and all non-PRC exporters 
of merchandise under consideration, the cash deposit rate applicable 
for the PRC-wide entity, 493.46 percent.\5\
---------------------------------------------------------------------------

    \5\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042, 
64137 (October 3, 2011).
---------------------------------------------------------------------------

    The Department is making no adjustments to the antidumping cash 
deposit rate in the instant investigation because the Department has 
made no findings in the companion countervailing duty investigation 
that any of the programs are export subsidies.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
U.S. International Trade Commission (``ITC'') of the final affirmative 
determination of sales at LTFV. Because the final determination in this 
proceeding is affirmative, in accordance with section 735(b)(2) of the 
Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury by reason of imports of ammonium 
sulfate from the PRC no later than 45 days after this final 
determination. If the ITC determines that material injury or threat of 
material injury does not exist, the proceeding will be terminated and 
all cash deposits will be refunded. If the ITC determines that such 
injury does exist, the Department will issue an antidumping duty order 
directing CBP to assess, upon further instruction by the Department, 
antidumping duties on all imports of the subject merchandise entered, 
or withdrawn from warehouse, for consumption on or after the effective 
date of the suspension of liquidation.

Notification Regarding Administrative Protective Orders

    This notice serves as a reminder to parties subject to an 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the 
return of destruction of APO materials, or conversion to judicial 
protective order, is hereby requested. Failure to comply with the 
regulations and the terms of an APO is a sanctionable violation.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).

    Dated: January 17, 2017.
Paul Piquado,
Assistant Secretary, for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation is ammonium 
sulfate in all physical forms, with or without additives such as 
anti-caking agents. Ammonium sulfate, which may also be spelled as 
ammonium sulphate, has the chemical formula 
(NH4)2SO4.
    The scope includes ammonium sulfate that is combined with other 
products, including by, for example, blending (i.e., mixing granules 
of ammonium sulfate with granules of one or more other products), 
compounding (i.e., when ammonium sulfate is compacted with one or 
more other products under high pressure), or granulating 
(incorporating multiple products into granules through, e.g., a 
slurry process). For such combined products, only the ammonium 
sulfate component is covered by the scope of this investigation.
    Ammonium sulfate that has been combined with other products is 
included within the scope regardless of whether the combining occurs 
in countries other than China.
    Ammonium sulfate that is otherwise subject to this investigation 
is not excluded when commingled (i.e., mixed or combined) with 
ammonium sulfate from sources not subject to this investigation. 
Only the subject component of such commingled products is covered by 
the scope of this investigation.
    The Chemical Abstracts Service (CAS) registry number for 
ammonium sulfate is 7783-20-2.
    The merchandise covered by this investigation is currently 
classifiable under Harmonized Tariff Schedule of the United States 
(HTSUS) subheading 3102.21.0000. Although this HTSUS subheading and 
CAS registry number are provided for convenience and customs 
purposes, the written description of the scope of the investigation 
is dispositive.

[FR Doc. 2017-01653 Filed 1-24-17; 8:45 am]
 BILLING CODE 3510-DS-P