[Federal Register Volume 85, Number 67 (Tuesday, April 7, 2020)]
[Notices]
[Pages 19439-19440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07298]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-008]
Calcium Hypochlorite From the People's Republic of China: Final
Results of the Expedited First 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 calcium hypochlorite from the People's
Republic of China (China) would be likely to lead to continuation or
recurrence of dumping at the levels indicated in the ``Final Results of
Sunset 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, 14th Street and
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
0652.
SUPPLEMENTARY INFORMATION:
Background
On January 30, 2015, Commerce published its antidumping duty order
on calcium hypochlorite from China.\1\ On December 2, 2019, Commerce
published the notice of initiation of the five-year sunset review of
the Order, pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the Act).\2\ On December 17, 2019, Commerce received a notice
of intent to participate in this review 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. On January 2, 2020, IWC provided a complete
substantive response for this review within the 30-day deadline
specified in
[[Page 19440]]
19 CFR 351.218(d)(3)(i).\4\ We received no substantive responses from
any other interested parties, nor was a hearing requested. On December
23, 2019, Commerce notified the U.S. International Trade Commission
(ITC) that it did not receive an adequate substantive response from
respondent interested parties.\5\ 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 this Order.
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\1\ See Calcium Hypochlorite from the People's Republic of
China: Antidumping Duty Order, 80 FR 5085 (January 30, 2015)
(Order).
\2\ See Initiation of Five-Year (Sunset) Reviews, 84 FR 65968
(December 2, 2019) (Notice of Initiation).
\3\ See IWC's Letter, ``Notice of Intent to Participate,'' dated
December 17, 2019.
\4\ See IWC's Letter, ``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 review, including the likelihood of
continuation or recurrence of dumping in the event of revocation and
the magnitude of the margins likely to prevail if the order were
revoked, are addressed in the accompanying Issues and Decision
Memorandum. A list of topics discussed in the Issues and Decision
Memorandum is included as an appendix to this notice. 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 Commerce building. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly on the internet 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.
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act,
Commerce determines that revocation of the antidumping duty order on
calcium hypochlorite from China would likely lead to continuation or
recurrence of dumping and that the magnitude of the margins is up to
210.52 percent.\6\
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\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Expedited First Sunset Review of the
Antidumping Duty Order on Calcium Hypochlorite from the People's
Republic of China,'' dated concurrently with this notice.
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Administrative Protective Order (APO)
This notice serves as the only reminder to interested parties
subject to an 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 order
is hereby requested. Failure to comply with the regulations and terms
of an APO is a violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results and notice in
accordance with sections 751(c), 752(c), 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 Dumping
2. Magnitude of the Margins Likely to Prevail
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2020-07298 Filed 4-6-20; 8:45 am]
BILLING CODE 3510-DS-P