[Federal Register Volume 81, Number 212 (Wednesday, November 2, 2016)]
[Notices]
[Pages 76332-76333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26469]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-050]


Countervailing Duty Investigation of Ammonium Sulfate From the 
People's Republic of China: Preliminary Affirmative 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 and exporters of ammonium sulfate from the People's Republic 
of China (PRC). The period of investigation is January 1, 2015 through 
December 31, 2015. We invite interested parties to comment on this 
preliminary determination.

DATES: Effective November 2, 2016.

FOR FURTHER INFORMATION CONTACT: Robert Galantucci, 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.

SUPPLEMENTARY INFORMATION: 

Scope of the Investigation

    The product covered by this investigation is ammonium sulfate from 
the PRC. For a complete description of the scope of this investigation, 
see Appendix II.

Methodology

    The Department is conducting this countervailing duty (CVD) 
investigation in accordance with section 701 of the Tariff Act of 1930, 
as amended (the Act). For each of the subsidy programs found 
countervailable, we preliminarily determine that there is a subsidy, 
i.e., a financial contribution by an ``authority'' that gives rise to a 
benefit to the recipient, and that the subsidy is specific.\1\ For a 
full description of the methodology underlying our preliminary 
conclusions, see the Preliminary Decision Memorandum.\2\ A list of 
topics discussed in the Preliminary Decision Memorandum is included as 
Appendix I to this notice. The Preliminary 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 
http://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 Preliminary Decision Memorandum 
can be accessed directly at http://enforcement.trade.gov/frn/. The 
signed Preliminary Decision Memorandum and the electronic version are 
identical in content.
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    \1\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
    \2\ See Memorandum, ``Decision Memorandum for the Preliminary 
Affirmative Determination in the Countervailing Duty Investigation 
of Ammonium Sulfate from the People's Republic of China,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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    In making these findings, we relied on facts otherwise available. 
Additionally, because we find that the mandatory respondents did not 
act to the best of their ability to respond to the Department's 
requests for information, and therefore impeded this investigation, we 
drew an adverse inference where appropriate in selecting from among the 
facts otherwise available.\3\ For further information, see ``Use of 
Facts Otherwise Available and Adverse Inferences'' in the Preliminary 
Decision Memorandum.
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    \3\ See sections 776(a) and (b) of the Act.
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Preliminary Determination and Suspension of Liquidation

    In accordance with sections 776(a)(1), 776(a)(2), and 776(b) of the 
Act, we applied facts otherwise available with an adverse inference to 
assign countervailable subsidy rates for non-cooperative mandatory 
respondents Wuzhoufeng Agricultural Science & Technology Co. Ltd. 
(Wuzhoufeng AST) and Yantai Jiahe Agriculture Means of Production Co. 
Ltd. (Yantai AMP). With respect to the all-others rate, section 
705(c)(5)(B) 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 rates assigned to Wuzhoufeng AST and 
Yantai AMP are based entirely on facts otherwise available, with an 
adverse inference, under section 776 of the Act. There is no other 
information on the record with which to determine an all-others rate. 
As a result, in accordance with section 705(c)(5)(B) of the Act, we 
have established the all-others rate by applying the countervailable 
subsidy rates for mandatory respondents Wuzhoufeng AST and Yantai AMP. 
The preliminary estimated countervailable subsidy rates are summarized 
in the table below.

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                                                           Subsidy rate
                         Company                             (percent)
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Wuzhoufeng Agricultural Science & Technology Co. Ltd....          206.72
Yantai Jiahe Agriculture Means of Production Co. Ltd....          206.72
All-Others..............................................          206.72
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    In accordance with sections 703(d)(1)(B) and (d)(2) of the Act, we 
will direct U.S. Customs and Border Protection (CBP) to suspend 
liquidation of all entries of ammonium sulfate from the PRC as 
described in the ``Scope of the Investigation'' entered, or withdrawn 
from warehouse, for consumption on or after the date of publication of 
this notice in the Federal Register, and to require a cash deposit for 
such entries of merchandise in the amounts indicated above.

International Trade Commission Notification

    In accordance with section 703(f) of the Act, we will notify the 
International Trade Commission (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.

Public Comment

    Interested parties may submit case and rebuttal briefs, as well as 
request a hearing.\4\ Case briefs may be submitted

[[Page 76333]]

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 case briefs. Interested parties who wish to 
request a hearing, or to participate if one is requested, must do so in 
writing within 30 days after the publication of this preliminary 
determination in the Federal Register.
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    \4\ See 19 CFR 351.309(c)-(d), 19 CFR 351.310(c).
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    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: October 24, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Application of the CVD Law to Imports from the PRC
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Calculation of the All-Others Rate
IX. ITC Notification
X. Public Comment
XI. Conclusion

Appendix II

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. 2016-26469 Filed 11-1-16; 8:45 am]
 BILLING CODE 3510-DS-P