[Federal Register Volume 82, Number 1 (Tuesday, January 3, 2017)]
[Notices]
[Pages 83-84]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31793]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-009]


Calcium Hypochlorite From the People's Republic of China: 
Preliminary Intent To Rescind the New Shipper Review of Haixing Jingmei 
Chemical Products Sales Co., Ltd.

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

SUMMARY: In response to a November 20, 2015, request from Haixing 
Jingmei Chemical Products Sales Co., Ltd. (``Jingmei''), and the 
producer of its merchandise, Haixing Eno Chemical Co., Ltd. (``Eno''), 
the Department of Commerce (``Department'') is conducting a new shipper 
review of Jingmei, regarding the countervailing duty order on calcium 
hypochlorite from the People's Republic of China (``PRC''). The period 
of review (``POR'') is May 27, 2014, through December 31, 2015. The 
Department preliminarily determines to rescind this review because we 
requested but were not provided sufficient information to determine 
whether, and conclude that, Jingmei's sale of subject merchandise to 
the United States was bona fide. Interested parties are invited to 
comment on this preliminary intent to rescind.

DATES: Effective January 3, 2017.

FOR FURTHER INFORMATION CONTACT: Elizabeth Lobaugh, 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-
7425.

SUPPLEMENTARY INFORMATION: 

Background

    On March 4, 2016, the Department published notice of initiation of 
a new shipper review of calcium hypochlorite from the PRC for the 
period May 27, 2014, through December 31, 2015.\1\ On July 12, 2016, 
the Department extended the deadline for the preliminary results to 
December 27, 2016.\2\
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    \1\ See Calcium Hypochlorite from the People's Republic of 
China: Initiation of Countervailing Duty New Shipper Review; 2014-
2015, 81 FR 11516 (March 4, 2016) (``Initiation'').
    \2\ See Memorandum to the File through James C. Doyle, Director, 
Office V, to Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations ``Extension of 
Deadline for Preliminary Results of Countervailing Duty New Shipper 
Review; 2014-2015'' (November 5, 2015).
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Scope of the Order

    The merchandise covered by the Order 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. Calcium hypochlorite is currently classifiable under the 
subheading 2828.10.0000 of the Harmonized Tariff Schedule of the United 
States.\3\
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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 
``Decision Memorandum for the Preliminary Results of the 
Countervailing Duty New Shipper Review of Calcium Hypochlorite from 
the People's Republic of China: Haixing Jingmei Chemical Products 
Sales Co., Ltd.'' dated concurrently with and hereby adopted by this 
notice (``Preliminary Decision Memorandum'') for a complete 
description of the Scope of the Order.
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Methodology

    The Department is conducting this review in accordance with section 
751(a)(2)(B) of the Tariff Act of 1930, as amended (``the Act'') and 19 
CFR 351.214. For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum.
    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 
in the Department's 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 on the 
Internet at http://enforcement.trade.gov/frn/. The signed Preliminary 
Decision Memorandum and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.

Preliminary Intent To Rescind Jingmei New Shipper Review

    Section 751(a)(2)(B)(iv) of the Act requires that a countervailing 
duty rate determined in a new shipper review be determined based solely 
on bona fide sales. For the reasons detailed in the Preliminary 
Decision Memorandum and the Bona Fide Sales Analysis Memorandum,\4\ the 
Department preliminarily finds that, as a result of Jingmei's 
customers' failure to provide necessary information, we cannot 
determine whether, and conclude that, Jingmei's sale under review is 
bona fide. As a result, the Department preliminarily intends to rescind 
the new shipper review of Jingmei.
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    \4\ See Memorandum to James Doyle, Director, Office V, 
Antidumping and Countervailing Duty Operations, through Catherine 
Bertrand, Program Manager, Office V, Antidumping and Countervailing 
Duty Operations, from Elizabeth Lobaugh, International Trade 
Analyst, titled ``Bona Fide Nature of the Sale in the Countervailing 
Duty New Shipper Review of Calcium Hypochlorite from the People's 
Republic of China: Haixing Jingmei Chemical Products Sales Co., 
Ltd.'' dated concurrently with this notice.
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Public Comment

    Interested parties may submit written comments by no later than 30 
days after the date of publication of these preliminary results of 
review.\5\ Rebuttals, limited to issues raised in the written comments, 
may be filed by no

[[Page 84]]

later than five days after the written comments are filed.\6\
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    \5\ See 19 CFR 351.309(c).
    \6\ See 19 CFR 351.309(d).
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    Any interested party may request a hearing within 30 days of 
publication of this notice.\7\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the briefs. If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.\8\
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    \7\ See 19 CFR 351.310(c).
    \8\ See 19 CFR 351.310(d).
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    The Department intends to issue the final results of this new 
shipper review, which will include the results of its analysis of 
issues raised in any such comments, not later than 90 days after the 
date these preliminary results of new shipper review are issued, 
pursuant to section 751(a)(2)(B)(iii)) of the Act.

Assessment Rates

    Upon completion of the final results, pursuant to 19 CFR 
351.212(b), the Department will determine, and the U.S. Customs and 
Border Protection (``CBP'') shall assess, countervailing duties on all 
appropriate entries. If we proceed to a final rescission of the new 
shipper review, the assessment rate to which Jingmei's entries will be 
subject will not be affected by this review. If we do not proceed to a 
final rescission of the new shipper review, pursuant to 19 CFR 
351.212(b)(2), we will calculate a countervailing duty rate. We intend 
to instruct CBP to assess countervailing duties on all appropriate 
entries covered by this review if any countervailing duty rate 
calculated in the final results of this review is above de minimis.\9\
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    \9\ See 19 CFR 351.106(c)(2).
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Cash Deposit Requirements

    Effective upon publication of the final rescission or the final 
results of this new shipper review, we will instruct CBP to discontinue 
the option of posting a bond or security in lieu of a cash deposit for 
entries of subject merchandise by Jingmei. If the Department proceeds 
to a final rescission of the new shipper review, the cash deposit rate 
will continue to be the all-others rate. If we issue final results of 
the new shipper review for Jingmei, we will instruct CBP to collect 
cash deposits, effective upon the publication of the final results, at 
the rates established therein.
    The Department is issuing and publishing these results in 
accordance with sections 751(a)(2)(B) and 777(i)(l) of the Act, and 19 
CFR 351.214 and 19 CFR 351.221(b)(4).

    Dated: December 27, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation

[FR Doc. 2016-31793 Filed 12-30-16; 8:45 am]
 BILLING CODE 3510-DS-P