Notice2023-07042
Ammonium Sulfate From the People's Republic of China: Continuation of Antidumping and Countervailing Duty Orders
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 5, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) have determined that revocation of the antidumping duty (AD) and countervailing duty (CVD) orders on ammonium sulfate from the People's Republic of China (China) would be likely to lead to the continuation or recurrence of dumping, net countervailable subsidies, and material injury to an industry in the United States. Therefore, Commerce is publishing a notice of continuation of these AD and CVD orders.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 65 (Wednesday, April 5, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Notices]
[Pages 20124-20125]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07042]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-049, C-570-050]
Ammonium Sulfate From the People's Republic of China:
Continuation of Antidumping and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) and the U.S.
International Trade Commission (ITC) have determined that revocation of
the antidumping duty (AD) and countervailing duty (CVD) orders on
ammonium sulfate from the People's Republic of China (China) would be
likely to lead to the continuation or recurrence of dumping, net
countervailable subsidies, and material injury to an industry in the
United States. Therefore, Commerce is publishing a notice of
continuation of these AD and CVD orders.
DATES: Applicable April 5, 2023.
FOR FURTHER INFORMATION CONTACT: Thomas Martin, 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) 482-3936.
SUPPLEMENTARY INFORMATION:
Background
On May 9, 2017, Commerce published the AD and CVD orders on
ammonium sulfate from China.\1\ On February 1, 2022, Commerce published
the notice of initiation of the first sunset reviews of the Orders,
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the
Act).\2\ As a result of its reviews, Commerce determined that
revocation of the AD order would likely lead to the continuation or
recurrence of dumping and that revocation of the CVD order would likely
lead to the continuation or recurrence of countervailable subsidies.\3\
Therefore, Commerce notified the ITC of the magnitude of the dumping
margins and net countervailable subsidy rates likely to prevail should
the Orders be revoked, pursuant to sections 752(b) and (c) of the Act.
On February 14, 2023, the ITC published its determination, pursuant to
section 751(c) of the Act, that revocation of the Orders would likely
lead to continuation or recurrence of material injury to an industry in
the United States within a reasonably foreseeable time.\4\
---------------------------------------------------------------------------
\1\ See Ammonium Sulfate from the People's Republic of China:
Antidumping Duty and Countervailing Duty Orders, 82 FR 13094 (March
9, 2017) (Orders).
\2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 5467
(February 1, 2022).
\3\ See Ammonium Sulfate from the People's Republic of China:
Final Results of the Expedited First Sunset Review of the
Antidumping Duty Order, 87 FR 34841 (June 8, 2022), and accompanying
Issues and Decision Memorandum (IDM); see also Ammonium Sulfate from
the People's Republic of China: Final Results of the Expedited First
Sunset Review of the Countervailing Duty Order, 87 FR 34848 (June 8,
2022), and accompanying IDM.
\4\ See Ammonium Sulfate from China; Investigation Nos. 701-TA-
562 and 731-TA-1329 (Review), 88 FR 9540 (February 14, 2023).
---------------------------------------------------------------------------
Scope of the Orders
The merchandise covered by the Orders is ammonium sulfate in all
physical forms, with or without additives such as anti-caking agents.
Ammonium sulfate, which may also be spelled as ammonium sulphate, has
the chemical formula (NH<INF>4</INF>)<INF>2</INF>SO<INF>4</INF>.
The scope includes ammonium sulfate that is combined with other
products, including by, for example, blending (i.e., mixing granules of
ammonium sulfate with granules of one or more other products),
compounding (i.e., when ammonium sulfate is compacted with one or more
other products under high pressure), or granulating (incorporating
multiple products into granules through, e.g., a slurry process). For
such combined products, only the ammonium sulfate component is covered
by the scope of the Orders.
Ammonium sulfate that has been combined with other products is
included within the scope regardless of whether the combining occurs in
countries other than China.
Ammonium sulfate that is otherwise subject to the Orders is not
excluded when commingled (i.e., mixed or
[[Page 20125]]
combined) with ammonium sulfate from sources not subject to the Orders.
Only the subject component of such commingled products is covered by
the scope of the Orders.
The Chemical Abstracts Service (CAS) registry number for ammonium
sulfate is 7783-20-2.
The merchandise covered by the Orders is currently classifiable
under Harmonized Tariff Schedule of the United States (HTSUS)
subheading 3102.21.0000. Although this HTSUS subheading and CAS
registry number are provided for convenience and customs purposes, the
written description of the scope of the Orders is dispositive.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to the continuation or
recurrence of dumping, countervailable subsidies, and material injury
to an industry in the United States, pursuant to section 751(d)(2) of
the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation
of the Orders. U.S. Customs and Border Protection will continue to
collect AD and CVD cash deposits at the rates in effect at the time of
entry for all imports of subject merchandise.
The effective date of continuation of these Orders will be the date
of publication in the Federal Register of this notice of continuation.
Pursuant to section 751(c)(2) of the Act, Commerce intends to initiate
the next five-year reviews of the Orders not later than 30 days prior
to the fifth anniversary of the effective date of continuation.
Administrative Protective Order (APO)
This notice also serves as the only reminder to 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(a)(3). 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 violation which is subject to sanction.
Notification to Interested Parties
These five-year (sunset) reviews and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and published in
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).
Dated: February 16, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-07042 Filed 4-4-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on April 5, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.