[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)]
[Notices]
[Pages 11516-11517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04844]



[[Page 11516]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-009]


Calcium Hypochlorite From the People's Republic of China: 
Initiation of Countervailing Duty New Shipper Review; 2014-2015

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


DATE:  Effective Date: March 4, 2016.

SUMMARY: The Department of Commerce (``the Department'') is initiating 
a new shipper review (``NSR'') of the countervailing duty (``CVD'') 
order on calcium hypochlorite from the People's Republic of China 
(``PRC'') with respect to Jingmei Chemical Products Sales Co., Ltd. 
(``Jingmei Chemical''). The period of review (``POR'') for this NSR is 
May 27, 2014, through December 31, 2015.

FOR FURTHER INFORMATION CONTACT: Frances Veith, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: 202-482-4295.

SUPPLEMENTARY INFORMATION: 

Background

    The CVD order on calcium hypochlorite from the PRC published in the 
Federal Register on January 30, 2015.\1\ Pursuant to section 
751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (``the Act''), 
and 19 CFR 351.214(b), we received a request for a NSR of the order 
from Haixing Jingmei Chemical.\2\ Jingmei Chemical certified that it is 
the exporter of the subject merchandise upon which the request is based 
and that Haixing Eno Chemical Co., Ltd. (``Eno Chemical'') is the 
producer of the subject merchandise.\3\
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    \1\ See Calcium Hypochlorite From the People's Republic of 
China: Countervailing Duty Order, 80 FR 5082 (January 30, 2015) 
(``Order'').
    \2\ See Jingmei Chemical's letter to the Department regarding, 
``Calcium Hypochlorite from the People's Republic of China Entry of 
Appearance and Request for New Shipper Review,'' dated November 20, 
2015 (``NSR Request'').
    \3\ Id., at 3 and Exhibit 1.
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    Pursuant to section 751(a)(2)(B)(i) of the Act and 19 CFR 
351.214(b)(2)(ii)(A) and (B), Jingmei Chemical and Eno Chemical each 
certified that they did not export subject merchandise to the United 
States during the period of investigation (``POI'').\4\ In addition, 
pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 
351.214(b)(2)(iii)(A), Jingmei Chemical and Eno Chemical each certified 
that, since the initiation of the investigation, it has never been 
affiliated with any PRC exporter or producer who exported subject 
merchandise to the United States during the POI, including those 
respondents not individually examined during the investigation.\5\
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    \4\ Id., at Exhibit 1.
    \5\ Id.
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    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Jingmei Chemical submitted documentation 
establishing the following: (1) The date on which the subject 
merchandise was first entered or withdrawn from warehouse, for 
consumption; (2) the volume of its first shipment and subsequent 
shipments, if any; and (3) the date of its first sale to an 
unaffiliated customer in the United States.\6\ Pursuant to 19 CFR 
351.214(b)(2)(v), Jingmei Chemical certified that it informed the 
government of the PRC that it will be required to provide a full 
response to the Department's questionnaire.\7\ On February 2, 2016, the 
Department issued a pre-initiation supplemental questionnaire to 
Jingmei Chemical,\8\ to which Jingmei provided a timely response.\9\
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    \6\ See NSR Request at 3-4 and Exhibit 2.
    \7\ Id., at Exhibit 1.
    \8\ See Letter to Jingmei from the Department titled ``Calcium 
Hypochlorite from the People's Republic of China: Request for New 
Shipper Review,'' dated February 2, 2016.
    \9\ See Jingmei's pre-initiation supplemental questionnaire 
response regarding, ``Calcium Hypochlorite from the People's 
Republic of China Response to Department's Question About First 
Sale,'' February 8, 2016.
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    Finally, the Department conducted a U.S. Customs and Border 
Protection (``CBP'') database query and confirmed the price and 
quantity reported of the sale by Jingmei Chemical that formed the basis 
for this new shipper request.\10\
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    \10\ See Memorandum to the File from Frances Veith, Senior 
International Trade Analyst, Office V, Enforcement and Compliance, 
regarding ``Calcium Hypochlorite from the People's Republic of 
China; U.S. Imports of Calcium Hypochlorite,'' dated concurrently 
with this notice.
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Period of Review

    The Department's regulations state, in 19 CFR 351.214(g)(2), that 
the POR for a CVD NSR will be the same period as that specified in 19 
CFR 351.213(e)(2), which states that the Department normally will cover 
entries of subject merchandise during the most recently completed 
calendar year. However, 19 CFR 351.213(e)(2)(ii) provides that for 
requests received during the first anniversary month after publication 
of an order, the review will cover entries or exports during the period 
from the date of suspension of liquidation to the end of the most 
recently completed calendar or fiscal year. Accordingly, the POR is May 
27, 2014, through December 31, 2015.

Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Act, 19 CFR 351.214(b), and 
19 CFR 351.214(d)(1), and based on the evidence provided by Jingmei 
Chemical, we find that its request meets the threshold requirements for 
initiation of the NSR for shipments of calcium hypochlorite from the 
PRC produced by Eno Chemical and exported by Jingmei Chemical.\11\ If 
the information supplied by Jingmei Chemical is found to be incorrect 
or insufficient during the course of this proceeding, the Department 
may rescind the review for Jingmei Chemical or apply facts available 
pursuant to section 776 of the Act, depending on the facts on the 
record.
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    \11\ See Memorandum to the File, through Catherine Bertrand, 
Program Manager, Office V, Enforcement and Compliance, from Frances 
Veith, Senior International Trade Analyst, Office V, Enforcement and 
Compliance, titled ``Initiation of CVD New Shipper Review: Calcium 
Hypochlorite from the People's Republic of China,'' dated 
concurrently with this notice.
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    Absent a determination that the new shipper review is 
extraordinarily complicated, the Department intends to issue the 
preliminary results of this NSR within 180 days from the date of 
initiation and the final results within 90 days after the date on which 
the preliminary results are issued.\12\
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    \12\ See section 751(a)(2)(B)(iv) of the Act and 19 CFR 
351.214(i).
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    We will instruct CBP to allow, at the option of the importer, the 
posting, until the completion of this review, of a bond or security in 
lieu of a cash deposit for each entry of the subject merchandise from 
the requesting company in accordance with section 751(a)(2)(B)(iii) of 
the Act and 19 CFR 351.214(e). Because Jingmei Chemical certified that 
Eno Chemical produced the subject merchandise that Jingmei Chemical 
exported, the sales of which are the basis for the NSR request, we will 
instruct CBP to permit the use of a bond only for subject merchandise 
that Eno Chemical produced and Jingmei Chemical exported.
    Interested parties requiring access to proprietary information in 
this NSR should submit applications for disclosure under administrative 
protective order, in accordance with 19 CFR 351.305 and 19 CFR 351.306.
    This initiation and notice are in accordance with section 
751(a)(2)(B) of the Act, 19 CFR 351.214, and 19 CFR 351.221(c)(1)(i).


[[Page 11517]]


    Dated: February 29, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2016-04844 Filed 3-3-16; 8:45 am]
 BILLING CODE 3510-DS-P