[Federal Register Volume 84, Number 112 (Tuesday, June 11, 2019)]
[Notices]
[Pages 27087-27088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12275]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-847]
Persulfates From the People's Republic of China: Final Results of
the Expedited Fourth Sunset Review of the Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that revocation of
the antidumping duty order on persulfates from the People's Republic of
China (China) would be likely to lead to continuation or recurrence of
dumping, at the level indicated in the ``Final Results of Sunset
Review'' section of this notice, infra.
DATES: Applicable June 11, 2019.
FOR FURTHER INFORMATION CONTACT: Thomas Hanna, 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) 482-0835.
Background
On July 7, 1997, Commerce published in the Federal Register the
antidumping duty order on persulfates from China.\1\ On February 5,
2019, Commerce published the notice of initiation of this sunset review
of the antidumping duty order on persulfates from China pursuant to
section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\ On
February 19, 2019, Commerce received a timely and complete notice of
intent to participate in the sunset review from a domestic interested
party, PeroxyChem LLC (PeroxyChem), in which the domestic interested
party claimed interested party status, as a domestic producer of
persulfates, under
[[Page 27088]]
section 771(9)(C) of the Act.\3\ This notice was filed within the time
period specified in 19 CFR 351.218(d)(1)(i).\4\ On March 6, 2019,
pursuant to 19 CFR 351.218(d)(3)(i), the domestic interested party
filed a timely and adequate substantive response.\5\ Commerce did not
receive a substantive response from any respondent interested party. As
a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day)
sunset review of the Order.
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\1\ See Notice of Antidumping Duty Order and Amended Final
Determination of Sales at Less Than Fair Value: Persulfates from the
People's Republic of China, 62 FR 36259 (July 7, 1997) (Order),
amended by Notice of Amended Antidumping Duty Order: Persulfates
from the People's Republic of China, 62 FR 39212 (July 22, 1997).
\2\ See Initiation of Five-Year (Sunset) Review, 84 FR 1704
(February 5, 2019).
\3\ See PeroxyChem's letter, ``Persulfates from the People's
Republic of China--Five-Year (4th Sunset) Review of Antidumping Duty
Order--Notice of Intention to Participate,'' dated February 19, 2019
(PeroxyChem's Notice of Intent).
\4\ Id.
\5\ See PeroxyChem's letter, ``Persulfates from the People's
Republic of China--Domestic Industry's Substantive Response,'' dated
March 6, 2019 (PeroxyChem's Substantive Response).
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Scope of the Order
The products covered by the order are persulfates, including
ammonium, potassium, and sodium persulfates. The chemical formulas for
these persulfates are, respectively,
(NH4)2S2O8,
K2S2O8, and
Na2S2O8. Potassium persulfates are
currently classifiable under subheading 2833.40.10 of the Harmonized
Tariff Schedule of the United States (HTSUS). Sodium persulfates are
classifiable under HTSUS subheading 2833.40.20. Ammonium and other
persulfates are classifiable under HTSUS subheadings 2833.40.50 and
2833.40.60. Although the HTSUS subheadings are provided for convenience
and customs purposes, the written description of the scope of the order
is dispositive.
Analysis of Comments Received
A complete discussion of all issues raised in this sunset review,
specifically the likelihood of continuation or recurrence of dumping
and the magnitude of the margins likely to prevail if the Order were to
be revoked, is provided in the accompanying Issues and Decision
Memorandum, which is hereby adopted by this notice.\6\ A list of topics
discussed in the Issues and Decision Memorandum is attached to this
notice as an Appendix. 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 http://access.trade.gov and 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
at http://enforcement.trade.gov/frn/. The signed Issues and Decision
Memorandum and the electronic version of the Issues and Decision
Memorandum are identical in content.
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\6\ See Memorandum, ``Expedited Fourth Sunset Review of the
Antidumping Duty Order on Persulfates from the People's Republic of
China,'' dated concurrently with this notice (Issues and Decision
Memorandum).
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Final Results of Sunset Review
Pursuant to sections 751(c)(1), 752(c)(1) and (3) of the Act,
Commerce determines that revocation of the Order would likely lead to
continuation or recurrence of dumping, and that the magnitude of the
dumping margins likely to prevail would be weighted-average dumping
margins up to 119.02 percent.
Notification Regarding Administrative Protective Orders
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely
notification of the return or destruction of APO materials or
conversion to judicial protective orders is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
We are issuing and publishing the results and notice in accordance
with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR
351.218.
Dated: June 5, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Proceeding
a. Order
b. Administrative, Changed Circumstances, and Sunset Reviews
c. Scope Inquiries, New Shipper Reviews, and Duty Absorption
V. Discussion of the Issues
a. Legal Framework
b. Likelihood of continuation or recurrence of dumping
c. Magnitude of the Margin of Dumping Likely to Prevail
[FR Doc. 2019-12275 Filed 6-10-19; 8:45 am]
BILLING CODE 3510-DS-P