[Federal Register Volume 79, Number 101 (Tuesday, May 27, 2014)]
[Notices]
[Pages 30082-30084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12157]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-009]


Calcium Hypochlorite From the People's Republic of China: 
Preliminary Affirmative Countervailing Duty Determination, and 
Alignment of Final Countervailing Duty Determination With Final 
Antidumping Duty Determination

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

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that countervailable subsidies are being provided to 
producers/exporters of calcium hypochlorite from the People's Republic 
of China (PRC). The period of investigation is January 1, 2012, through 
December 31, 2012. Interested parties are invited to comment on this 
preliminary determination.

DATES: Effective Date: May 27, 2014.

FOR FURTHER INFORMATION CONTACT: Katie Marksberry, AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-7906.

SUPPLEMENTARY INFORMATION:

Alignment of Final Countervailing Duty (CVD) Determination with Final 
Antidumping Duty (AD) Determination

    The Department published its notice of initiation of this 
investigation on January 14, 2014.\1\ On the same day the Department 
initiated this CVD

[[Page 30083]]

investigation, the Department also initiated an AD investigation of 
calcium hypochlorite from the PRC.\2\ The CVD investigation and the AD 
investigation cover the same merchandise. On May 5, 2014, in accordance 
with section 705(a)(1) of the Tariff Act of 1930, as amended (the Act), 
alignment of the final CVD determination with the final AD 
determination of calcium hypochlorite from the PRC was requested by 
Arch Chemicals Inc (Petitioner). Therefore, in accordance with section 
705(a)(1) of the Act and 19 CFR 351.210(b)(4), we are aligning the 
final CVD determination with the final AD determination. Consequently, 
the final CVD determination will be issued on the same date as the 
final AD determination, which is currently scheduled to be issued no 
later than September 29, 2014, unless postponed.
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    \1\ See Calcium Hypochlorite from the People's Republic of 
China: Initiation of Antidumping Duty Investigation, 79 FR 2410 
(January 14, 2014).
    \2\ See id.
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Scope of the Investigation

    The product covered by this investigation is calcium hypochlorite, 
regardless of form (e.g., powder, tablet (compressed), crystalline 
(granular), or in liquid solution), whether or not blended with other 
materials, containing at least 10% available chlorine measured by 
actual weight. The scope also includes bleaching powder and hemibasic 
calcium hypochlorite.
    For a complete description of the scope of the investigation, see 
Appendix 1 to this notice.

Methodology

    The Department is conducting this countervailing duty investigation 
in accordance with section 701 of the Act. For a full description of 
the methodology underlying our preliminary conclusions, see the 
Preliminary Decision Memorandum.\3\ The Preliminary Decision Memorandum 
is a public document and is made available to the public via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (IA ACCESS). IA ACCESS is 
available to registered users at https://iaaccess.trade.gov, and is 
available to all parties in the Department's Central Records Unit, 
located at room 7046 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be found at http://enforcement.trade.gov/frn/. The signed and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.
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    \3\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, From Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, Re: 
Decision Memorandum for Preliminary Determination of Countervailing 
Duty Investigation: Calcium Hypochlorite from the People's Republic 
of China, dated concurrently with this notice (``Preliminary 
Decision Memorandum'').
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    For this preliminary determination, we have relied on facts 
available pursuant to section776(a) of the Act for the Government of 
the PRC and for Hubei Dinglong Chemical Co., Ltd. (``Hubei Dinglong'') 
and W&W Marketing Corporation (``W&W Marketing''), the companies 
originally selected for individual examination, i.e., mandatory 
company-respondents, and Tianjin Jinbin International Trade Co., Ltd. 
(``Tianjin Jinbin''), the additional mandatory respondent. The 
Government of the PRC, Hubei Dinglong and W&W marketing withheld 
information requested by the Department. Furthermore, these entities as 
well as Tianjin Jinbin refused to participate as respondents, and 
therefore, significantly impeded the investigation.\4\ Further, because 
they failed to cooperate by not acting to the best of their ability to 
respond to the Department's requests for information, pursuant to 
section 776(b) of the Act we have drawn an adverse inference in 
selecting from among the facts otherwise available to calculate the ad 
valorem estimated countervailable subsidy rate for Hubei Dinglong, W&W 
Marketing, and Tianjin Jinbin. For further information, see ``Use of 
Facts Otherwise Available and Adverse Inferences'' in the Preliminary 
Decision Memorandum.
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    \4\ See sections 776(a)(2)(A) and (C) of the Act.
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Preliminary Determination and Suspension of Liquidation

    In accordance with section 703(d)(1)(A)(i) of the Act, we 
calculated an estimated countervailing duty rate for the individually 
investigated producer/exporters of the subject merchandise, Hubei 
Dinglong, W&W Marketing, and Tianjin Jinbin.
    With respect to the all-others rate, section 705(c)(5)(A)(ii) of 
the Act provides that if the countervailable subsidy rates established 
for all exporters and producers individually investigated are 
determined entirely in accordance with section 776 of the Act, the 
Department may use any reasonable method to establish an all-others 
rate for exporters and producers not individually investigated. In this 
case, the countervailable subsidy rate calculated for the investigated 
companies is based entirely on facts available under section 776 of the 
Act. There is no other information on the record upon which to 
determine an all-others rate. As a result, we have used the rate 
assigned for Hubei Dinglong, W&W Marketing, and Tianjin Jinbin as the 
all-others rate. This method is consistent with the Department's past 
practice.\5\
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    \5\ See, e.g., Circular Welded Carbon-Quality Steel Pipe From 
India: Final Affirmative Countervailing Duty Determination, 77 FR 
64468 (October 22, 2012); see also Certain Potassium Phosphate Salts 
From the People's Republic of China: Final Affirmative 
Countervailing Duty Determination and Termination of Critical 
Circumstances Inquiry, 75 FR 30375 (June 1, 2010).
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    We preliminarily determine the countervailable subsidy rates to be:

------------------------------------------------------------------------
                                                               Subsidy
                          Company                                Rate
                                                              (percent)
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Hubei Dinglong Chemical Co., Ltd...........................        71.72
W&W Marketing Corporation..................................        71.72
Tianjin Jinbin International Trade Co., Ltd................        71.72
All Others.................................................        71.72
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    In accordance with sections 703(d)(1)(B) and (2) of the Act, we are 
directing U.S. Customs and Border Protection to suspend liquidation of 
all entries of calcium hypochlorite from the PRC that are entered, or 
withdrawn from warehouse, for consumption on or after the date of the 
publication of this notice in the Federal Register, and to require a 
cash deposit for such entries of merchandise in the amounts indicated 
above.

Disclosure and Public Comment

    Because the Department has reached its conclusions on the basis of 
adverse facts available, the calculations performed in connection with 
this preliminary determination are not proprietary in nature, and are 
described in the Preliminary Decision Memorandum. Case briefs or other 
written comments for all non-scope issues may be submitted to IA ACCESS 
no later than 30 days after the publication of this preliminary 
determination in the Federal Register, and rebuttal briefs, limited to 
issues raised in case briefs, may be submitted no later than five days 
after the deadline date for case briefs.\6\ Case briefs or other 
written comments on scope issues may be submitted no later than 30 days 
after the publication of this preliminary determination in the Federal 
Register, and rebuttal briefs, limited to issues raised in the case 
briefs, may be submitted no later than five days after the deadline for 
the case briefs. For any briefs filed on scope issues, parties must 
file separate and identical documents on

[[Page 30084]]

the record for the concurrent antidumping duty investigation.
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    \6\ See 19 CFR 351.309.
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    Interested parties, who wish to request a hearing, or to 
participate if one is requested, must submit a written request to the 
Assistant Secretary for Enforcement and Compliance, U.S. Department of 
Commerce, filed electronically using Enforcement and Compliances's IA 
ACCESS. An electronically filed document must be received successfully 
in its entirety by the Department's electronic records system, IA 
ACCESS, by 5:00 p.m. Eastern Standard Time, within 30 days after the 
date of publication of this notice.\7\ Requests should contain the 
party's name, address, and telephone number; the number of 
participants; and a list of the issues to be discussed. If a request 
for a hearing is made, the Department intends to hold the hearing at 
the U.S. Department of Commerce, 14th Street and Constitution Avenue 
NW., Washington, DC 20230, at a date, time and location to be 
determined. Parties will be notified of the date, time and location of 
any hearing.
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    \7\ See 19 CFR 351.310(c).
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U.S. International Trade Commission (ITC) Notification

    In accordance with section 703(f) 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, without the written consent 
of the Assistant Secretary for Enforcement and Compliance.
    In accordance with section 705(b)(2) of the Act, if our final 
determination is affirmative, the ITC will make its final determination 
within 45 days after the Department makes its final determination.
    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act.

     Dated: May 19, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix 1

Scope of the Investigation

    The product covered by this investigation is calcium 
hypochlorite, regardless of form (e.g., powder, tablet (compressed), 
crystalline (granular), or in liquid solution), whether or not 
blended with other materials, containing at least 10% available 
chlorine measured by actual weight. The scope also includes 
bleaching powder and hemibasic calcium hypochlorite.
    Calcium hypochlorite has the general chemical formulation 
Ca(OCl)2, but may also be sold in a more dilute form as 
bleaching powder with the chemical formulation, 
Ca(OCl)2.CaCl2.Ca(OH)2.2H2
O or hemibasic calcium hypochlorite with the chemical formula of 
2Ca(OCl)2.Ca(OH)2 or 
Ca(OCl)2.0.5Ca(OH)2. Calcium hypochlorite has 
a Chemical Abstract Service (``CAS'') registry number of 7778-54-3, 
and a U.S. Environmental Protection Agency (``EPA) Pesticide Code 
(``PC'') Number of 014701. The subject calcium hypochlorite has an 
International Maritime Dangerous Goods (``IMDG'') code of Class 5.1 
UN 1748, 2880, or 2208 or Class 5.1/8 UN 3485, 3486, or 3487.
    Calcium hypochlorite is currently classifiable under the 
subheading 2828.10.0000 of the Harmonized Tariff Schedule of the 
United States (``HTSUS''). The subheading covers commercial calcium 
hypochlorite and other calcium hypochlorite. When tableted or 
blended with other materials, calcium hypochlorite may be entered 
under other tariff classifications, such as 3808.94.5000 and 
3808.99.9500, which cover disinfectants and similar products. While 
the HTSUS subheadings, the CAS registry number, the U.S. EPA PC 
number, and the IMDG codes are provided for convenience and customs 
purposes, the written description of the scope of this investigation 
is dispositive.

Appendix 2

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope Comments
4. Scope of the Investigation
5. Injury Test
6. Application of the Countervailing Duty Law to Imports from the 
PRC
7. Use of Facts Otherwise Available and Adverse Inferences
8. ITC Notification
9. Disclosure and Public Comment
10. Conclusion

[FR Doc. 2014-12157 Filed 5-23-14; 8:45 am]
BILLING CODE 3510-DS-P