[Federal Register Volume 79, Number 240 (Monday, December 15, 2014)]
[Notices]
[Pages 74065-74067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29370]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-008]


Calcium Hypochlorite From the People's Republic of China: Final 
Determination of Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the ``Department'') determines 
that calcium hypochlorite from the People's Republic of China (``PRC'') 
is being, or is likely to be, sold in the United States at less than 
fair value (``LTFV''), as provided in section 735 of the Tariff Act of 
1930, as amended (``the Act''). This investigation's final dumping 
margin is in the ``Final Determination Margins'' section infra.

DATES: Effective Date: December 15, 2014.

FOR FURTHER INFORMATION CONTACT: Emeka Chukwudebe, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-0219.

SUPPLEMENTARY INFORMATION:

Background

    On July 25, 2014, the Department published in the Federal Register 
its Preliminary Determination \1\ of sales at LTFV and postponement of 
the final determination in the antidumping duty investigation of 
calcium hypochlorite from the PRC.\2\ We invited interested parties to 
comment on our Preliminary Determination. We received no comments. The 
Department conducted this investigation in accordance with section 731 
of the Act.
---------------------------------------------------------------------------

    \1\ See Calcium Hypochlorite From the People's Republic of 
China: Preliminary Determination of Sales at Less Than Fair Value 
and Postponement of Final Determination, 79 FR 43393 (July 25, 2014) 
(``Preliminary Determination'').
    \2\ See id.

---------------------------------------------------------------------------

[[Page 74066]]

Period of Investigation

    The period of investigation (``POI'') is April 1, 2013, through 
September 30, 2013. This period corresponds to the two most recent 
fiscal quarters prior to the month of the filing of the petition, which 
was December 2013.\3\
---------------------------------------------------------------------------

    \3\ See 19 CFR 351.204(b)(1).
---------------------------------------------------------------------------

Scope Comments

    In accordance with the preamble to the Department's regulations, 
and as noted in the Initiation, we set aside a period of time for 
parties to raise issues regarding product coverage, and encouraged all 
parties to submit comments within 20 calendar days of publication of 
the Initiation.\4\ We received no comments concerning the scope of this 
investigation.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997); see also Calcium Hypochlorite From the 
People's Republic of China: Initiation of Countervailing Duty 
Investigation, 79 FR 2417 (January 14, 2014) (``Initiation'').
---------------------------------------------------------------------------

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% 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)<INF>2</INF>, but may also be sold in a more dilute form as 
bleaching powder with the chemical formulation, 
Ca(OCl)<INF>2</INF>.CaCl<INF>2</INF>.Ca(OH)<INF>2</INF>.2H<INF>2</INF>O 
or hemibasic calcium hypochlorite with the chemical formula of 
2Ca(OCl)<INF>2</INF>.Ca(OH)<INF>2</INF> or 
Ca(OCl)<INF>2</INF>.0.5Ca(OH)<INF>2</INF>. 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.

Separate Rate

    In the Preliminary Determination, we determined that none of the 
exporters subject to this investigation demonstrated their eligibility 
for a separate rate and as such are part of the PRC-wide entity.\5\ No 
party commented on this determination. As a result, for this final 
determination, we are continuing to treat these exporters as part of 
the PRC-wide entity and subject to the PRC-wide rate.
---------------------------------------------------------------------------

    \5\ See Preliminary Determination at 79 FR 43394.
---------------------------------------------------------------------------

PRC-Wide Entity

    In the Preliminary Determination, the Department assigned to the 
PRC-wide entity a rate of 210.52 percent based upon adverse facts 
available (``AFA'').\6\ Given that the Department did not receive any 
comments from interested parties, for this final determination, the 
Department continues to assign an AFA rate of 210.52 percent to the 
PRC-wide entity, which includes China Petrochemical International 
(Wuhan) Co., Ltd., Tianjin JinBin International Trade Co., Ltd., and 
Wuhan Rui Sunny Chemical Co., Ltd.\7\
---------------------------------------------------------------------------

    \6\ See Preliminary Determination and accompanying Preliminary 
Decision Memorandum at 11-12.
    \7\ See id.
---------------------------------------------------------------------------

Combination Rates

    In the Initiation Notice, the Department stated that it would 
calculate combination rates for the respondents that are eligible for a 
separate rate in this investigation.\8\ Policy Bulletin 05.1 sets forth 
this practice.\9\ However, for the final determination, we continue to 
find that all parties subject to this investigation are part of the 
PRC-wide entity, to which we do not assign a separate combination 
rate.\10\
---------------------------------------------------------------------------

    \8\ See Calcium Hypochlorite From the People's Republic of 
China: Initiation of Antidumping Duty Investigation, 79 FR 2410, 
2414 (January 14, 2014) (``Initiation Notice'').
    \9\ See Enforcement and Compliance Policy Bulletin No. 05.1 
``Separate-Rates Practice and Application of Combination Rates in 
Antidumping Investigations involving Non-Market Economy Countries,'' 
(April 5, 2005) (``Policy Bulletin 05.1''), available on the 
Department's Web site at http://enforcement.trade.gov/policy/bull05-1.pdf.
    \10\ Id.
---------------------------------------------------------------------------

Final Determination Margins

    The final weighted-average antidumping duty margin percentage is as 
follows:

------------------------------------------------------------------------
                                                              Weighted-
                          Exporter                             Average
                                                              margin (%)
------------------------------------------------------------------------
PRC-Wide Entity............................................       210.52
------------------------------------------------------------------------

Disclosure

    Normally, the Department discloses to interested parties the 
calculations performed within five days after the date of publication 
of the notice of final determination in the Federal Register, in 
accordance with 19 CFR 351.224(b). However, because there are no 
changes to our Preliminary Determination, and because we continue to 
apply AFA to each of the mandatory respondents in this investigation, 
in accordance with section 776 of the Act, there are no final 
calculations to disclose.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(l)(B) of the Act, the Department 
will instruct U.S. Customs and Border Protection (``CBP'') to continue 
to suspend liquidation of all appropriate entries of calcium 
hypochlorite from the PRC, as described in the ``Scope of the 
Investigation'' section, which were entered, or withdrawn from 
warehouse, for consumption on or after July 25, 2014, the date of 
publication of the Preliminary Determination in the Federal Register. 
Further, pursuant to 19 CFR 351.205(d), the Department will instruct 
CBP to require a cash deposit \11\ equal to the estimated amount by 
which the normal value exceeds the U.S. price, adjusted where 
appropriate for export subsidies and estimated domestic subsidy pass-
through,\12\ as follows: (1) The rates for China Petrochemical 
International (Wuhan) Co., Ltd., Tianjin JinBin International Trade 
Co., Ltd., and Wuhan Rui Sunny Chemical Co., Ltd. will be the PRC-wide 
rate we have

[[Page 74067]]

determined in this final determination; (2) if the exporter is not a 
firm identified in this investigation but the producer is, the rate 
will be the rate established for the producer of calcium hypochlorite 
from the PRC; (3) the rate for all other producers or exporters will be 
210.52 percent, as discussed in the ``PRC-Wide'' section, above. In 
this LTFV investigation, with regard to PRC-wide entity, export 
subsidies constitute 9.62 percent \13\ of the final calculated 
countervailing duty rate in the concurrent countervailing duty 
investigation, and, thus, we will offset the PRC-wide rate of 210.52 
percent by the countervailing duty rate attributable to export 
subsidies (i.e., 9.62 percent) to calculate the cash deposit rate for 
this LTFV investigation. These instructions suspending liquidation will 
remain in effect until further notice.
---------------------------------------------------------------------------

    \11\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
    \12\ See sections 772(c)(1)(C) and 777A(f) of the Act, 
respectively. Unlike in administrative reviews, the Department 
calculates the adjustment for export subsidies in investigations not 
in the margin calculation program, but in the cash deposit 
instructions issued to CBP. See Notice of Final Determination of 
Sales at Less Than Fair Value, and Negative Determination of 
Critical Circumstances: Certain Lined Paper Products from India, 71 
FR 45012 (August 8, 2006), and accompanying Issues and Decision 
Memorandum at Comment 1.
    \13\ The following subsidy programs in the final determination 
of the concurrent countervailing duty investigation are export 
subsidies: Discounted Loans for Export-Oriented Enterprises (1.06%), 
Export Credits from China's Export-Import Bank (1.06%), Export 
Credit Insurance from China Export and Credit Insurance Corporation 
(Sinosure) (1.06%), Foreign Trade Development Fund (0.55%), Famous 
Brands Program (0.55%), Provision of Shipping for LTAR (5.34%). See 
Calcium Hypochlorite From the People's Republic of China: Final 
Affirmative Countervailing Duty Determination, dated concurrently 
with this notice, and accompanying Issues and Decision Memorandum at 
7.
---------------------------------------------------------------------------

U.S. International Trade Commission (``ITC'') Notification

    In accordance with section 735(d) of the Act, we notified the ITC 
of our final affirmative determination of sales at LTFV. As the 
Department's final determination in this proceeding is affirmative, in 
accordance with section 735(b)(2) of the Act, the ITC will determine, 
no later than 45 days after our final determination, whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports of calcium 
hypochlorite from the PRC, or sales (or the likelihood of sales) for 
importation of calcium hypochlorite from the PRC. If the ITC determines 
that such injury does not exist, we will terminate this proceeding and 
we will refund or cancel all securities posted. However, if the ITC 
determines that such injury does exist, the Department will issue an 
antidumping duty order directing CBP to assess, upon further 
instruction by the Department, antidumping duties on all imports of 
calcium hypochlorite from the PRC entered, or withdrawn from warehouse, 
for consumption on or after the effective date of the suspension of 
liquidation.

Return or Destruction of Proprietary Information

    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). We hereby request, timely 
written notification of return or destruction of APO materials or 
conversion to judicial protective order. Failure to comply with the 
regulations and the terms of an APO is a sanctionable violation.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(l) of the Act.

    Dated: December 8, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-29370 Filed 12-12-14; 8:45 am]
BILLING CODE 3510-DS-P