83_FR_48063 83 FR 47879 - Sodium Gluconate, Gluconic Acid and Derivative Products From the People's Republic of China: Final Affirmative Countervailing Duty Determination

83 FR 47879 - Sodium Gluconate, Gluconic Acid and Derivative Products From the People's Republic of China: Final Affirmative Countervailing Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 184 (September 21, 2018)

Page Range47879-47880
FR Document2018-20605

The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of sodium gluconate, gluconic acid and derivative products from the People's Republic of China (China).

Federal Register, Volume 83 Issue 184 (Friday, September 21, 2018)
[Federal Register Volume 83, Number 184 (Friday, September 21, 2018)]
[Notices]
[Pages 47879-47880]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20605]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-072]


Sodium Gluconate, Gluconic Acid and Derivative Products From the 
People's Republic of China: Final Affirmative Countervailing Duty 
Determination

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

SUMMARY: The Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to producers and exporters 
of sodium gluconate, gluconic acid and derivative products from the 
People's Republic of China (China).

DATES: Applicable September 21, 2018.

FOR FURTHER INFORMATION CONTACT: Robert Galantucci or Jonathan Hill, 
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) 482-2923 or (202) 482-
3518, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This final determination is made in accordance with section 705 of 
the Tariff Act of 1930, as amended (the Act). The petitioner in this 
investigation is PMP Fermentation Products, Inc. (the petitioner). The 
mandatory respondents in this investigation are Qingdao Dongxiao 
Enterprise Co., Ltd. (Qingdao Dongxiao), Shandong Fuyang Biotechnology 
Co. (Fuyang), Shandong Kaison Biochemical Co Ltd (Kaison), and 
Tongxiang Hongyu Chemical Co., Ltd. (Hongyu Chemical). Hongyu Chemical, 
Kaison, and Qingdao Dongxiao did not respond to any of our requests for 
information.
    We published our Preliminary Determination on May 23, 2018.\1\ On 
May 30, 2018, Fuyang, the sole respondent to provide a questionnaire 
response in this investigation, notified Commerce that it would no 
longer be participating in the proceeding.\2\ On June 21, 2018, the 
petitioner submitted a case brief.\3\ We received no comments from 
other interested parties.
---------------------------------------------------------------------------

    \1\ See Sodium Gluconate, Gluconic Acid, and Derivative Products 
from the People's Republic of China: Preliminary Affirmative 
Countervailing Duty Determination and Alignment of Final 
Determination with Final Antidumping Duty Determination, 83 FR 23888 
(May 23, 2018) (Preliminary Determination) and accompanying 
Preliminary Decision Memorandum.
    \2\ See Letter from Fuyang, ``Countervailing Duty Investigation 
on Sodium Gluconate, Gluconic Acid, and Derivative Products from the 
People's Republic of China: Notice of Non-Participation in 
Investigation,'' dated May 30, 2018.
    \3\ See Letter from the petitioner, ``Countervailing Duty 
Investigation of Sodium Gluconate, Gluconic Acid and Derivative 
Products from the People's Republic of China: Petitioner's Case 
Brief,'' dated June 21, 2018.
---------------------------------------------------------------------------

    Additional background on this case, including a summary of events 
that occurred since Commerce published the Preliminary Determination, 
and a discussion of comments from the petitioner, are provided in the 
Issues and Decision Memorandum, which is hereby adopted by this 
notice.\4\ The Issues and Decision Memorandum is a public document and 
is on file electronically via Enforcement and Compliance's Antidumping 
and Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov and 
is available to all parties in the Central Records Unit, room B8024 of 
the main Department of Commerce building. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov. The signed and electronic versions of 
the Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Countervailing Duty 
Investigation of Sodium Gluconate, Gluconic Acid and Derivative 
Products from the People's Republic of China,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The products covered by this investigation are sodium gluconate, 
gluconic acid, and derivative products from China. We have made no 
changes to the scope of the investigation, as published in the 
Preliminary Determination.\5\ For a complete description of the scope 
of this investigation, see Appendix I to this notice.
---------------------------------------------------------------------------

    \5\ See 83 FR at 23888 (noting that Commerce would consider 
scope comments from interested parties and implement any changes to 
the scope in the final countervailing duty determination).
---------------------------------------------------------------------------

Period of Investigation

    The period of investigation is January 1, 2016, through December 
31, 2016.

Analysis of Comments Received

    All issues raised in the case brief submitted by the petitioner are 
addressed in the Issues and Decision Memorandum accompanying this 
notice. A list of the issues addressed in the memorandum is attached to 
this notice at Appendix II.

Adverse Facts Available

    In this final determination, we continue to apply facts available 
with an adverse inference to Fuyang, Hongyu Chemical, Kaison, and 
Qingdao Dongxiao. For purposes of this final determination, we relied 
on facts available and, because the respondents did not respond, or did 
not act to the best of their ability in responding to, our requests for 
information, we drew adverse inferences in selecting from among the 
facts otherwise available, pursuant to sections 776(a)-(b) of the 
Act.\6\ A detailed discussion of our application of adverse facts 
available was provided in the Preliminary Decision Memorandum 
accompanying our Preliminary Determination, and additional discussion 
is contained in the Issues and Decision Memorandum accompanying this 
notice.
---------------------------------------------------------------------------

    \6\ See sections 776(a) and (b) of the Act. Section 782(i) of 
the Act requires Commerce to verify a respondent's data as part of 
an investigation. However, because we applied adverse facts 
available to each of the respondents in the Preliminary 
Determination, we did not conduct verification in this 
investigation.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    In our Preliminary Determination, we applied adverse facts 
available to calculate the subsidy rates for all mandatory respondents. 
We have made no changes to our analysis, or to the respondents' subsidy 
rates, for this final determination.

Final Determination

    With respect to the ``all-others'' rate, section 705(c)(5)(A)(ii) 
of the Act provides that if the countervailing duty rates established 
for all exporters and producers individually investigated are 
determined entirely in accordance with section 776 of the Act, Commerce 
may use any reasonable method to establish an all-others rate for 
exporters and producers not individually investigated. In this case, 
the rates assigned to Fuyang, Hongyu Chemical, Kaison, and

[[Page 47880]]

Qingdao Dongxiao are based entirely on facts otherwise available, with 
adverse inferences, under section 776 of the Act. Because there is no 
other information on the record with which to determine an all-others 
rate, in accordance with section 705(c)(5)(A)(ii) of the Act, we have 
established the all-others rate by applying the countervailable subsidy 
rates for mandatory respondents Fuyang, Hongyu Chemical, Kaison, and 
Qingdao Dongxiao. The final countervailable subsidy rates are 
summarized in the table below.

------------------------------------------------------------------------
                                                           Subsidy rate
                    Producer/exporter                        (percent)
------------------------------------------------------------------------
Qingdao Dongxiao Enterprise Co., Ltd....................          194.67
Shandong Fuyang Biotechnology Co........................          194.67
Shandong Kaison Biochemical Co Ltd......................          194.67
Tongxiang Hongyu Chemical Co., Ltd......................          194.67
All-Others..............................................          194.67
------------------------------------------------------------------------

Disclosure

    We described the subsidy rate calculations, which were based on 
adverse facts available, in the Preliminary Decision Memorandum. As 
noted above, there are no changes to our calculations. Thus, no 
additional disclosure is necessary for this final determination.

Continuation of Suspension of Liquidation

    As a result of our Preliminary Determination and pursuant to 
section 703(d) of the Act, we instructed U.S. Customs and Border 
Protection (CBP) to suspend liquidation of any entries of merchandise 
under consideration from China that were entered, or withdrawn from 
warehouse, for consumption on or after May 23, 2018, the date of the 
publication of the Preliminary Determination in the Federal Register. 
Additionally, at that time, we instructed CBP to collect cash deposits 
of estimated countervailing duties at the rates assigned in the 
Preliminary Determination. The suspension of liquidation and collection 
of cash deposits remains in effect until further notice.\7\
---------------------------------------------------------------------------

    \7\ Provisional measures will expire on September 19, 2018, 
having been in effect for 120 days. Accordingly, we will direct CBP 
to discontinue suspension of liquidation of merchandise entered on 
or after September 20, 2018. If the ITC issues an affirmative final 
determination, we will direct CBP to resume suspension of 
liquidation effective on the date of publication of the ITC final 
determination in the Federal Register.
---------------------------------------------------------------------------

    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a countervailing duty 
order, will reinstate the suspension of liquidation under section 
706(a) of the Act, and will require a cash deposit of estimated 
countervailing duties for entries of subject merchandise in the amounts 
indicated above. If the ITC determines that material injury, or threat 
of material injury, does not exist, this proceeding will be terminated, 
and all estimated duties deposited as a result of the suspension of the 
suspension of liquidation will be refunded.

ITC Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information relating to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order (APO), without the written 
consent of the Acting Assistant Secretary for Enforcement and 
Compliance.

Notification Regarding APOs

    This notice serves as a reminder to parties to an APO of their 
responsibility concerning the disposition of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 
written notification of the return or destruction of APO materials or, 
alternatively, conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation that is subject to sanction.

Notification to Interested Parties

    This determination is published pursuant to section 705(d) and 
777(i) of the Act and 19 CFR 351.210(c).

    Dated: September 17, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The scope of this investigation covers all grades of sodium 
gluconate, gluconic acid, liquid gluconate, and glucono delta 
lactone (GDL) (collectively, GNA products), regardless of physical 
form (including, but not limited to substrates; solutions; dry 
granular form or powders, regardless of particle size; or as a 
slurry). The scope also includes GNA products that have been blended 
or are in solution with other product(s) where the resulting mix 
contains 35 percent or more of sodium gluconate, gluconic acid, 
liquid gluconate, and/or GDL by dry weight.
    Sodium gluconate has a molecular formula of 
NaC6H11O7. Sodium gluconate has a 
Chemical Abstract Service (CAS) registry number of 527-07-1, and can 
also be called ``sodium salt of gluconic acid'' and/or sodium 2, 3, 
4, 5, 6 pentahydroxyhexanoate. Gluconic acid has a molecular formula 
of C6H12O7. Gluconic acid has a CAS 
registry number of 526-95-4, and can also be called 2, 3, 4, 5, 6 
pentahydroxycaproic acid. Liquid gluconate is a blend consisting 
only of gluconic acid and sodium gluconate in an aqueous solution. 
Liquid gluconate has CAS registry numbers of 527-07-1, 526-95-4, and 
7732-18-5, and can also be called 2, 3, 4, 5, 6-pentahydroxycaproic 
acid-hexanoate. GDL has a molecular formula of 
C6H10O6. GDL has a CAS registry 
number of 90-80-2, and can also be called d-glucono-1,5-lactone.
    The merchandise covered by the scope of this investigation is 
currently classified in the Harmonized Tariff Schedule of the United 
States (HTSUS) under subheadings 2918.16.1000, 2918.16.5010, and 
2932.20.5020. Merchandise covered by the scope may also enter under 
HTSUS subheadings 2918.16.5050, 3824.99.2890, and 3824.99.9295. 
Although the HTSUS subheadings and CAS registry numbers are provided 
for convenience and customs purposes, the written description of the 
merchandise is dispositive.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Use of Facts Otherwise Available and Adverse Inferences
V. Analysis of Comments
    Comment 1: Application of Total Adverse Facts Available to 
Hongyu Chemical, Kaison, and Qingdao Dongxiao
    Comment 2: Application of Total Adverse Facts Available to 
Fuyang
    Comment 3: Whether the Scope of the Investigation Should be 
Modified
VI. Recommendation

[FR Doc. 2018-20605 Filed 9-20-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                           Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Notices                                                     47879

                                               V. Discussion of the Issues                             May 30, 2018, Fuyang, the sole                         investigation, see Appendix I to this
                                                 Comment 1: Application of Adverse Facts               respondent to provide a questionnaire                  notice.
                                                    Available (AFA) to the China-wide                  response in this investigation, notified
                                                    Entity                                                                                                    Period of Investigation
                                                                                                       Commerce that it would no longer be
                                                 Comment 2: Whether to Assign the China-
                                                                                                       participating in the proceeding.2 On                      The period of investigation is January
                                                    Wide Entity Rate to the Separate Rate
                                                    Applicant                                          June 21, 2018, the petitioner submitted                1, 2016, through December 31, 2016.
                                                 Comment 3: Whether the Scope of the                   a case brief.3 We received no comments                 Analysis of Comments Received
                                                    Investigation Should be Modified                   from other interested parties.
                                               VI. Recommendation                                                                                               All issues raised in the case brief
                                                                                                          Additional background on this case,                 submitted by the petitioner are
                                               [FR Doc. 2018–20606 Filed 9–20–18; 8:45 am]             including a summary of events that                     addressed in the Issues and Decision
                                               BILLING CODE 3510–DS–P                                  occurred since Commerce published the                  Memorandum accompanying this
                                                                                                       Preliminary Determination, and a                       notice. A list of the issues addressed in
                                                                                                       discussion of comments from the                        the memorandum is attached to this
                                               DEPARTMENT OF COMMERCE                                  petitioner, are provided in the Issues                 notice at Appendix II.
                                                                                                       and Decision Memorandum, which is
                                               International Trade Administration                                                                             Adverse Facts Available
                                                                                                       hereby adopted by this notice.4 The
                                               [C–570–072]                                             Issues and Decision Memorandum is a                      In this final determination, we
                                                                                                       public document and is on file                         continue to apply facts available with an
                                               Sodium Gluconate, Gluconic Acid and                     electronically via Enforcement and                     adverse inference to Fuyang, Hongyu
                                               Derivative Products From the People’s                   Compliance’s Antidumping and                           Chemical, Kaison, and Qingdao
                                               Republic of China: Final Affirmative                    Countervailing Duty Centralized                        Dongxiao. For purposes of this final
                                               Countervailing Duty Determination                       Electronic Service System (ACCESS).                    determination, we relied on facts
                                               AGENCY:  Enforcement and Compliance,                    ACCESS is available to registered users                available and, because the respondents
                                               International Trade Administration,                     at https://access.trade.gov and is                     did not respond, or did not act to the
                                               Department of Commerce.                                 available to all parties in the Central                best of their ability in responding to, our
                                               SUMMARY: The Department of Commerce
                                                                                                       Records Unit, room B8024 of the main                   requests for information, we drew
                                               (Commerce) determines that                              Department of Commerce building. In                    adverse inferences in selecting from
                                               countervailable subsidies are being                     addition, a complete version of the                    among the facts otherwise available,
                                               provided to producers and exporters of                  Issues and Decision Memorandum can                     pursuant to sections 776(a)–(b) of the
                                               sodium gluconate, gluconic acid and                     be accessed directly at http://                        Act.6 A detailed discussion of our
                                               derivative products from the People’s                   enforcement.trade.gov. The signed and                  application of adverse facts available
                                               Republic of China (China).                              electronic versions of the Issues and                  was provided in the Preliminary
                                                                                                       Decision Memorandum are identical in                   Decision Memorandum accompanying
                                               DATES: Applicable September 21, 2018.
                                                                                                       content.                                               our Preliminary Determination, and
                                               FOR FURTHER INFORMATION CONTACT:                                                                               additional discussion is contained in
                                               Robert Galantucci or Jonathan Hill, AD/                 Scope of the Investigation
                                                                                                                                                              the Issues and Decision Memorandum
                                               CVD Operations, Office IV, Enforcement                                                                         accompanying this notice.
                                                                                                          The products covered by this
                                               and Compliance, International Trade
                                                                                                       investigation are sodium gluconate,                    Changes Since the Preliminary
                                               Administration, U.S. Department of
                                                                                                       gluconic acid, and derivative products                 Determination
                                               Commerce, 1401 Constitution Avenue
                                                                                                       from China. We have made no changes
                                               NW, Washington, DC 20230; telephone                                                                              In our Preliminary Determination, we
                                                                                                       to the scope of the investigation, as
                                               (202) 482–2923 or (202) 482–3518,                                                                              applied adverse facts available to
                                                                                                       published in the Preliminary
                                               respectively.                                                                                                  calculate the subsidy rates for all
                                                                                                       Determination.5 For a complete
                                               SUPPLEMENTARY INFORMATION:                              description of the scope of this                       mandatory respondents. We have made
                                                                                                                                                              no changes to our analysis, or to the
                                               Background                                                                                                     respondents’ subsidy rates, for this final
                                                                                                       Determination and Alignment of Final
                                                 This final determination is made in                   Determination with Final Antidumping Duty              determination.
                                               accordance with section 705 of the                      Determination, 83 FR 23888 (May 23, 2018)
                                                                                                                                                              Final Determination
                                               Tariff Act of 1930, as amended (the Act).               (Preliminary Determination) and accompanying
                                                                                                       Preliminary Decision Memorandum.                         With respect to the ‘‘all-others’’ rate,
                                               The petitioner in this investigation is                   2 See Letter from Fuyang, ‘‘Countervailing Duty
                                               PMP Fermentation Products, Inc. (the                    Investigation on Sodium Gluconate, Gluconic Acid,
                                                                                                                                                              section 705(c)(5)(A)(ii) of the Act
                                               petitioner). The mandatory respondents                  and Derivative Products from the People’s Republic     provides that if the countervailing duty
                                               in this investigation are Qingdao                       of China: Notice of Non-Participation in               rates established for all exporters and
                                                                                                       Investigation,’’ dated May 30, 2018.                   producers individually investigated are
                                               Dongxiao Enterprise Co., Ltd. (Qingdao                    3 See Letter from the petitioner, ‘‘Countervailing
                                               Dongxiao), Shandong Fuyang                                                                                     determined entirely in accordance with
                                                                                                       Duty Investigation of Sodium Gluconate, Gluconic
                                               Biotechnology Co. (Fuyang), Shandong                    Acid and Derivative Products from the People’s         section 776 of the Act, Commerce may
                                               Kaison Biochemical Co Ltd (Kaison),                     Republic of China: Petitioner’s Case Brief,’’ dated    use any reasonable method to establish
                                               and Tongxiang Hongyu Chemical Co.,                      June 21, 2018.                                         an all-others rate for exporters and
                                                                                                         4 See Memorandum, ‘‘Issues and Decision
                                               Ltd. (Hongyu Chemical). Hongyu                                                                                 producers not individually investigated.
                                                                                                       Memorandum for the Final Affirmative
                                               Chemical, Kaison, and Qingdao                           Determination in the Countervailing Duty
                                                                                                                                                              In this case, the rates assigned to
                                                                                                                                                              Fuyang, Hongyu Chemical, Kaison, and
daltland on DSKBBV9HB2PROD with NOTICES




                                               Dongxiao did not respond to any of our                  Investigation of Sodium Gluconate, Gluconic Acid
                                               requests for information.                               and Derivative Products from the People’s Republic
                                                                                                       of China,’’ dated concurrently with, and hereby          6 See sections 776(a) and (b) of the Act. Section
                                                 We published our Preliminary                          adopted by, this notice (Issues and Decision           782(i) of the Act requires Commerce to verify a
                                               Determination on May 23, 2018.1 On                      Memorandum).                                           respondent’s data as part of an investigation.
                                                                                                         5 See 83 FR at 23888 (noting that Commerce           However, because we applied adverse facts
                                                 1 See Sodium Gluconate, Gluconic Acid, and            would consider scope comments from interested          available to each of the respondents in the
                                               Derivative Products from the People’s Republic of       parties and implement any changes to the scope in      Preliminary Determination, we did not conduct
                                               China: Preliminary Affirmative Countervailing Duty      the final countervailing duty determination).          verification in this investigation.



                                          VerDate Sep<11>2014   17:30 Sep 20, 2018   Jkt 244001   PO 00000   Frm 00006   Fmt 4703   Sfmt 4703   E:\FR\FM\21SEN1.SGM   21SEN1


                                               47880                             Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Notices

                                               Qingdao Dongxiao are based entirely on                        affirmative injury determination, we                  particle size; or as a slurry). The scope also
                                               facts otherwise available, with adverse                       will issue a countervailing duty order,               includes GNA products that have been
                                               inferences, under section 776 of the Act.                     will reinstate the suspension of                      blended or are in solution with other
                                               Because there is no other information on                      liquidation under section 706(a) of the               product(s) where the resulting mix contains
                                               the record with which to determine an                         Act, and will require a cash deposit of               35 percent or more of sodium gluconate,
                                               all-others rate, in accordance with                           estimated countervailing duties for                   gluconic acid, liquid gluconate, and/or GDL
                                               section 705(c)(5)(A)(ii) of the Act, we                       entries of subject merchandise in the                 by dry weight.
                                               have established the all-others rate by                       amounts indicated above. If the ITC                      Sodium gluconate has a molecular formula
                                               applying the countervailable subsidy                          determines that material injury, or                   of NaC6H11O7. Sodium gluconate has a
                                               rates for mandatory respondents                               threat of material injury, does not exist,            Chemical Abstract Service (CAS) registry
                                               Fuyang, Hongyu Chemical, Kaison, and                          this proceeding will be terminated, and               number of 527–07–1, and can also be called
                                               Qingdao Dongxiao. The final                                   all estimated duties deposited as a result            ‘‘sodium salt of gluconic acid’’ and/or
                                               countervailable subsidy rates are                             of the suspension of the suspension of                sodium 2, 3, 4, 5, 6 pentahydroxyhexanoate.
                                               summarized in the table below.                                liquidation will be refunded.                         Gluconic acid has a molecular formula of
                                                                                                                                                                   C6H12O7. Gluconic acid has a CAS registry
                                                                                           Subsidy rate
                                                                                                             ITC Notification                                      number of 526–95–4, and can also be called
                                                       Producer/exporter                                                                                           2, 3, 4, 5, 6 pentahydroxycaproic acid. Liquid
                                                                                            (percent)          In accordance with section 705(d) of
                                                                                                             the Act, we will notify the ITC of our                gluconate is a blend consisting only of
                                               Qingdao Dongxiao Enter-                                       determination. In addition, we are                    gluconic acid and sodium gluconate in an
                                                  prise Co., Ltd ....................             194.67                                                           aqueous solution. Liquid gluconate has CAS
                                               Shandong Fuyang Bio-
                                                                                                             making available to the ITC all non-
                                                                                                             privileged and non-proprietary                        registry numbers of 527–07–1, 526–95–4, and
                                                  technology Co ...................               194.67                                                           7732–18–5, and can also be called 2, 3, 4, 5,
                                               Shandong Kaison Bio-                                          information relating to this
                                                                                                             investigation. We will allow the ITC                  6-pentahydroxycaproic acid-hexanoate. GDL
                                                  chemical Co Ltd ................                194.67
                                               Tongxiang Hongyu Chemical                                     access to all privileged and business                 has a molecular formula of C6H10O6. GDL has
                                                  Co., Ltd .............................          194.67     proprietary information in our files,                 a CAS registry number of 90–80–2, and can
                                               All-Others ..............................          194.67     provided the ITC confirms that it will                also be called d-glucono-1,5-lactone.
                                                                                                                                                                      The merchandise covered by the scope of
                                                                                                             not disclose such information, either
                                               Disclosure                                                                                                          this investigation is currently classified in
                                                                                                             publicly or under an administrative
                                                                                                                                                                   the Harmonized Tariff Schedule of the
                                                 We described the subsidy rate                               protective order (APO), without the
                                                                                                                                                                   United States (HTSUS) under subheadings
                                               calculations, which were based on                             written consent of the Acting Assistant
                                                                                                                                                                   2918.16.1000, 2918.16.5010, and
                                               adverse facts available, in the                               Secretary for Enforcement and
                                                                                                                                                                   2932.20.5020. Merchandise covered by the
                                               Preliminary Decision Memorandum. As                           Compliance.
                                                                                                                                                                   scope may also enter under HTSUS
                                               noted above, there are no changes to our                      Notification Regarding APOs                           subheadings 2918.16.5050, 3824.99.2890,
                                               calculations. Thus, no additional                                                                                   and 3824.99.9295. Although the HTSUS
                                               disclosure is necessary for this final                           This notice serves as a reminder to
                                                                                                             parties to an APO of their responsibility             subheadings and CAS registry numbers are
                                               determination.                                                                                                      provided for convenience and customs
                                                                                                             concerning the disposition of
                                               Continuation of Suspension of                                                                                       purposes, the written description of the
                                                                                                             proprietary information disclosed under
                                               Liquidation                                                                                                         merchandise is dispositive.
                                                                                                             APO in accordance with 19 CFR
                                                  As a result of our Preliminary                             351.305(a)(3). Timely written
                                                                                                                                                                   Appendix II
                                               Determination and pursuant to section                         notification of the return or destruction
                                               703(d) of the Act, we instructed U.S.                         of APO materials or, alternatively,                   List of Topics Discussed in the Issues and
                                               Customs and Border Protection (CBP) to                        conversion to judicial protective order,              Decision Memorandum
                                               suspend liquidation of any entries of                         is hereby requested. Failure to comply
                                                                                                             with the regulations and terms of an                  I. Summary
                                               merchandise under consideration from                                                                                II. Background
                                               China that were entered, or withdrawn                         APO is a violation that is subject to
                                                                                                                                                                   III. Scope of the Investigation
                                               from warehouse, for consumption on or                         sanction.
                                                                                                                                                                   IV. Use of Facts Otherwise Available and
                                               after May 23, 2018, the date of the                           Notification to Interested Parties                         Adverse Inferences
                                               publication of the Preliminary                                                                                      V. Analysis of Comments
                                                                                                               This determination is published
                                               Determination in the Federal Register.                                                                                 Comment 1: Application of Total Adverse
                                                                                                             pursuant to section 705(d) and 777(i) of
                                               Additionally, at that time, we instructed                                                                                Facts Available to Hongyu Chemical,
                                                                                                             the Act and 19 CFR 351.210(c).
                                               CBP to collect cash deposits of                                                                                          Kaison, and Qingdao Dongxiao
                                               estimated countervailing duties at the                          Dated: September 17, 2018.                             Comment 2: Application of Total Adverse
                                               rates assigned in the Preliminary                             Gary Taverman,                                             Facts Available to Fuyang
                                               Determination. The suspension of                              Deputy Assistant Secretary for Antidumping               Comment 3: Whether the Scope of the
                                               liquidation and collection of cash                            and Countervailing Duty Operations,                        Investigation Should be Modified
                                               deposits remains in effect until further                      performing the non-exclusive functions and            VI. Recommendation
                                               notice.7                                                      duties of the Assistant Secretary for
                                                                                                             Enforcement and Compliance.                           [FR Doc. 2018–20605 Filed 9–20–18; 8:45 am]
                                                  If the U.S. International Trade
                                                                                                                                                                   BILLING CODE 3510–DS–P
                                               Commission (ITC) issues a final                               Appendix I
daltland on DSKBBV9HB2PROD with NOTICES




                                                  7 Provisional measures will expire on September            Scope of the Investigation
                                               19, 2018, having been in effect for 120 days.                    The scope of this investigation covers all
                                               Accordingly, we will direct CBP to discontinue
                                                                                                             grades of sodium gluconate, gluconic acid,
                                               suspension of liquidation of merchandise entered
                                               on or after September 20, 2018. If the ITC issues an
                                                                                                             liquid gluconate, and glucono delta lactone
                                               affirmative final determination, we will direct CBP           (GDL) (collectively, GNA products),
                                               to resume suspension of liquidation effective on the          regardless of physical form (including, but
                                               date of publication of the ITC final determination            not limited to substrates; solutions; dry
                                               in the Federal Register.                                      granular form or powders, regardless of



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Document Created: 2018-09-21 00:23:40
Document Modified: 2018-09-21 00:23:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable September 21, 2018.
ContactRobert Galantucci or Jonathan Hill, 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) 482-2923 or (202) 482- 3518, respectively.
FR Citation83 FR 47879 

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