[Federal Register Volume 85, Number 67 (Tuesday, April 7, 2020)]
[Notices]
[Pages 19443-19444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07297]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-009]
Calcium Hypochlorite From the People's Republic of China: Final
Results of the Expedited First Sunset Review of the Countervailing Duty
Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that revocation of
the countervailing duty (CVD) order would be likely to lead to the
continuation or recurrence of a countervailable subsidy at the levels
indicated in the ``Final Results of Review'' section of this notice.
DATES: Applicable April 7, 2020.
FOR FURTHER INFORMATION CONTACT: Rachel Greenberg, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0652.
SUPPLEMENTARY INFORMATION:
Background
On January 30, 2015, Commerce published in the Federal Register the
CVD order on calcium hypochlorite from the People's Republic of China
(China).\1\ On December 2, 2019, Commerce published the notice of
initiation of the first sunset review of the CVD order on calcium
hypochlorite from China, pursuant to section 751(c) of the Tariff Act
of 1930, as amended (the Act).\2\ On January 2, 2019, Commerce received
a timely filed notice of intent to participate from Innovative Water
Care, LLC dba Sigura (IWC) within the deadline specified in 19 CFR
351.218(d)(1)(i).\3\ IWC claimed interested party status under section
771(9)(C) of the Act, as a manufacturer of a domestic like product in
the United States.
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\1\ See Calcium Hypochlorite from the People's Republic of
China: Countervailing Duty Order, 80 FR 5082 (January 30, 2015).
\2\ See Initiation of Five-Year (Sunset) Reviews, 84 FR 65968
(December 2, 2019).
\3\ See IWC's Letter, ``Countervailing Duty Order on Calcium
Hypochlorite from the People's Republic of China: Notice of Intent
to Participate,'' December 17, 2019.
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Commerce received an adequate substantive response to the notice of
initiation from IWC within the 30-day deadline specified in 19 CFR
351.218(d)(3)(i).\4\ We received no substantive responses from any
other interested parties, including the Government of China, nor was a
hearing requested. On December 23, 2019, Commerce notified the U.S.
International Trade Commission that it did not receive an adequate
substantive response from respondent interested parties.\5\ As a
result, pursuant to 751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(B)-(C), Commerce conducted an expedited (120-day)
sunset review of the CVD order on calcium hypochlorite from China.
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\4\ See IWC's Letter, ``Countervailing Duty Order on Calcium
Hypochlorite from the People's Republic of China: Substantive
Response to Notice of Initiation,'' dated January 2, 2020.
\5\ See Commerce's Letter, ``Sunset Reviews Initiated on
December 2, 2019,'' dated December 23, 2019.
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Scope of the Order
The product covered by this 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 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)2.2H2O 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 order is dispositive.
Analysis of Comments Received
All issues raised in this sunset review are addressed in the Issues
and Decision Memorandum,\6\ which is hereby adopted by this notice. The
issues discussed in the Issues and Decision Memorandum are the
likelihood of continuation or recurrence of a countervailable subsidy
and the net countervailable subsidy likely to prevail if the order were
revoked. 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 in the Central Records Unit, Room B8024 of the main Commerce
building. In addition, a complete version of the Issues and Decision
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision
Memorandum are identical in content.
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\6\ See Memorandum ``Issues and Decision Memorandum for the
Final Results of the Expedited First Sunset Review of the
Countervailing Duty Order on Calcium Hypochlorite from the People's
Republic of China,'' dated concurrently with this notice (Issues and
Decision Memorandum).
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Final Results of Review
Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce
determines that revocation of the CVD order on calcium hypochlorite
from China would
[[Page 19444]]
be likely to lead to the continuation or recurrence of a
countervailable subsidy at the rates listed below:
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Net subsidy
Producer/exporter rate
(percent)
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Hubei Dinglong Chemical Co. Ltd......................... 65.85
W&W Marketing Corporation............................... 65.85
Tianjin Jinbin International Trade Co., Ltd............. 65.85
All Others.............................................. 65.85
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Administrative Protective Order (APO)
This notice also serves 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. Timely written notification of the return or 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 sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR 351.218.
Note that Commerce has temporarily modified certain of its requirements
for serving documents containing business proprietary information,
until May 19, 2020, unless extended.\7\
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\7\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19, 85 FR 17006 (March 26, 2020).
Dated: March 31, 2020.
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 Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of continuation or recurrence of a countervailable
subsidy
2. Net countervailable subsidy rates that are likely to prevail
3. Nature of the subsidies
VII. Final Results of Review
VIII. Recommendation
[FR Doc. 2020-07297 Filed 4-6-20; 8:45 am]
BILLING CODE 3510-DS-P