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[Federal Register Volume 79, Number 240 (Monday, December 15, 2014)]
[Notices]
[Pages 74064-74065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29368]

[[Page 74064]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-009]

Calcium Hypochlorite From the People's Republic of China: Final 
Affirmative Countervailing Duty Determination

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

ACTION: Notice.

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SUMMARY: The Department of Commerce (``Department'') determines that 
countervailable subsidies are being provided to producers and exporters 
of calcium hypochlorite from the People's Republic of China (``PRC''). 
For information on the estimated subsidy rates, see the ``Suspension of 
Liquidation'' section of this notice.

DATES: Effective Date: December 15, 2014.

FOR FURTHER INFORMATION CONTACT: Katie Marksberry, 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 202.482.7906.

SUPPLEMENTARY INFORMATION:

Background

    The petitioner to this investigation is Arch Chemicals Inc. 
(``Petitioner''). This investigation covers 24 government programs. The 
Department selected three mandatory respondents; Hubei Dinglong 
Chemical Co., Ltd. (``Hubei Dinglong''), W&W Marketing Corporation 
(``W&W Marketing''), and Tianjin Jinbin International Trade Co., Ltd. 
(``Tianjin Jinbin''). All three mandatory respondents refused to 
participate in this investigation.

Period of Investigation

    The period of investigation for which we are measuring subsidies is 
January 1, 2012, through December 31, 2012.

Case History

    The events that have occurred since the Department published the 
Preliminary Determination on May 27, 2014,\1\ are discussed in the 
Memorandum to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance, ``Issues and Decision Memorandum for the Final 
Determination of Calcium Hypochlorite from the People's Republic of 
China'' (``Decision Memorandum''), which is hereby adopted by this 
notice.\2\
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    \1\ See 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, 79 FR 30082 (May 27, 2014) 
(Preliminary Determination), and the accompanying Preliminary 
Decision Memorandum.
    \2\ On November 24, 2014, Enforcement and Compliance changed the 
name of Enforcement and Compliance's AD and CVD Centralized 
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized 
Electronic Service System (``ACCESS''). The Web site location was 
changed from http://iaaccess.trade.gov to http://access.trade.gov. 
The Final Rule changing the references to the Regulations can be 
found at 79 FR 69046 (November 20, 2014). Public versions of all 
business proprietary documents and all public documents are on file 
electronically via ACCESS. Access to ACCESS is available to 
registered users at http://access.trade.gov and to all parties in 
the Central Records Unit, Room 7046 of the main Department of 
Commerce building.
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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 percent 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 I to this notice.

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs submitted by parties in this investigation 
are addressed in the Decision Memorandum, dated concurrently with this 
notice. A list of the issues that parties raised and to which we 
responded in the Decision Memorandum is attached to this notice as 
Appendix II. The Decision Memorandum is a public document and is on 
file electronically via ACCESS. In addition, a complete version of the 
Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed and the electronic 
versions of this memorandum are identical in content.

Use of Facts Otherwise Available, Including Adverse Inferences

    For purposes of this final determination, we relied on facts 
available and applied an adverse inference, in accordance with sections 
776(a) and (b) of the Tariff Act of 1930, as amended (``the Act''), 
with regard to (1) the existence of a financial contribution, benefit, 
and specificity for the alleged subsidy programs and (2) the net 
subsidy rate assigned to Hubei Dinglong, W&W Marketing, and Tianjin 
Jinbin. A full discussion of our decision to rely on adverse facts 
available is presented in the Decision Memorandum under the section 
``Use of Facts Otherwise Available and Adverse Inferences.''

Suspension of Liquidation

    In accordance with section 705(c)(1)(B)(i) of the Act, we have 
calculated individual rates for Hubei Dinglong, W&W Marketing, and 
Tianjin Jinbin. Section 705(c)(5)(A)(i) of the Act states that for 
companies not individually investigated, we will determine an ``all-
others'' rate equal to the weighted average countervailable subsidy 
rates established for exporters and producers individually 
investigated, excluding any zero and de minimis countervailable rates, 
and any rates determined entirely under section 776 of the Act. Section 
705(c)(5)(A)(ii) of the Act states that if the countervailable subsidy 
rates for all exporters and producers individually investigated are 
zero or de minimis rates, or are determined entirely under 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, including averaging the weighted average countervailable 
subsidy rates determined for the exporters and producers individually 
investigated. As described above, all of the mandatory respondents' 
subsidy rates were calculated entirely under section 776 of the Act. 
Therefore, we have resorted to ``any reasonable method'' to derive the 
``all-others'' rate, as described under section 705(c)(5)(A)(ii) of the 
Act. We are basing the ``all-others'' rate on the rate determined for 
the mandatory respondents, consistent with section 705(c)(5)(A)(ii) of 
the Act.\3\ This issue is discussed in more detail in Comment 2 of the 
Decision Memorandum.
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    \3\ See, e.g., 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, 30376 (June 1, 2010).
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    We determine the total estimated net countervailable subsidy rates 
to be:

------------------------------------------------------------------------
                                                          Net subsidy ad
                    Producer/exporter                      valorem rate
                                                             (percent)
------------------------------------------------------------------------
Hubei Dinglong Chemical Co., Ltd........................           65.85
W&W Marketing Corporation...............................           65.85

[[Page 74065]]

 
Tianjin Jinbin International Trade Co., Ltd.............           65.85
All Others..............................................           65.85
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    As a result of our Preliminary Determination, and pursuant to 
section 703(d) of the Act, we instructed U.S. Customs and Border 
Protection (``CBP'') to suspend liquidation of all entries of calcium 
hypochlorite from the PRC that were entered or withdrawn from 
warehouse, for consumption on or after May 27, 2014, the date of 
publication of the Preliminary Determination in the Federal Register. 
In accordance with section 703(d) of the Act, we issued instructions to 
CBP to discontinue the suspension of liquidation for countervailing 
duty (``CVD'') purposes for subject merchandise entered, or withdrawn 
from warehouse, on or after September 24, 2014, but to continue the 
suspension of liquidation of all entries from May 27, 2014, through 
September 23, 2014.
    If the U.S. International Trade Commission (``ITC'') issues a final 
affirmative injury determination, we will issue a CVD order and 
reinstate the suspension of liquidation under section 706(a) of the Act 
and will require a cash deposit of estimated CVDs for such entries of 
merchandise in the amounts indicated above. If the ITC determines that 
material injury, or threat of material injury, does not exist, this 
proceeding will be terminated and all estimated duties deposited or 
securities posted as a result of the suspension of liquidation will be 
refunded or canceled.

ITC Notification

    In accordance with section 705(d) 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 related to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms it will not disclose such information, either publicly or 
under an administrative protective order (``APO''), without the written 
consent of the Assistant Secretary for Enforcement and Compliance.

Return or Destruction of Proprietary Information

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to an APO of their responsibility concerning the destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation that is subject to sanction.
    This determination is published pursuant to sections 705(d) and 
777(i) of the Act.

    Dated: December 8, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I--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 percent 
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 II--Issues and Decision Memorandum

I. Summary
II. Background
    A. Case History
    B. Period of Investigation
III. Scope Comments
IV. Scope of the Investigation
V. Use of Facts Otherwise Available and Adverse Inferences
    A. Selection of the Adverse Facts Available Rate
    B. Subsidy Rate Chart
VI. Analysis of Comments
    Comment 1: Whether the Department Correctly Denied CPIW/JSCC 
Voluntary/Mandatory Respondent Status
    Comment 2: Whether the Department Correctly Calculated the CVD 
Rate Applied to CPIW/JSCC
[FR Doc. 2014-29368 Filed 12-12-14; 8:45 am]
BILLING CODE 3510-DS-P
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