Federal Register/Vol. 79, No. 9/Tuesday, January 14

2410 Federal Register / Vol. 79, No. 9 / Tuesday, January 14, 2014 / Notices

DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE Register (78 FR 40426–40427, 7–5– 2013) and the application has been Foreign-Trade Zones Board Foreign-Trade Zones Board processed pursuant to the FTZ Act and the Board’s regulations; and, [B–81–2013] [Order No. 1928] WHEREAS, the Board adopts the Subzone 7F; Puma Energy Caribe, LLC findings and recommendations of the Approval of Subzone Expansion (Biodiesel Blending); Bayamon, Puerto examiner’s report, and finds that the Mitsubishi Electric Power Products Rico requirements of the FTZ Act and the Inc.; Subzone 33D; Southwestern Board’s regulations would be satisfied if Pennsylvania On August 26, 2013, Puma Energy approval is limited to Blackford, Jay, Caribe, LLC submitted a notification of LaGrange and Steuben Counties; Pursuant to its authority under the Foreign- proposed production activity to the NOW, THEREFORE, the Board hereby Trade Zones Act of June 18, 1934, as Foreign-Trade Zones (FTZ) Board for its orders: amended (19 U.S.C. 81a–81u), the Foreign- facility within Subzone 7F, in Bayamon, The application to reorganize FTZ 182 Trade Zones Board (the Board) adopts the to expand the service area under the following Order: Puerto Rico. The notification was processed in ASF is approved with regard to Whereas, the Foreign-Trade Zones Act accordance with the regulations of the Blackford, Jay, LaGrange and Steuben provides for ‘‘. . . the establishment FTZ Board (15 CFR part 400), including Counties, subject to the FTZ Act and the . . . of foreign-trade zones in ports of notice in the Federal Register inviting Board’s regulations, including Section entry of the United States, to expedite public comment (78 FR 54623, 9–5– 400.13, and to the Board’s standard and encourage foreign commerce, and 2013). Pursuant to Section 400.37, the 2,000-acre activation limit for the zone. for other purposes,’’ and authorizes the FTZ Board has determined that further Signed at Washington, DC, this 2nd day of Foreign-Trade Zones Board to grant to review is warranted and has not January 2014. qualified corporations the privilege of authorized the proposed activity. If the Christian Marsh, establishing foreign-trade zones in or applicant wishes to seek authorization Acting Assistant Secretary of Commerce for adjacent to U.S. Customs and Border for this activity, it will need to submit Enforcement and Compliance, Alternate Protection ports of entry; an application for production authority, Chairman, Foreign-Trade Zones Board. Whereas, the Board’s regulations (15 pursuant to Section 400.23. [FR Doc. 2014–00531 Filed 1–13–14; 8:45 am] CFR part 400) provide for the BILLING CODE 3510–DS–P establishment of subzones when Dated: January 9, 2014. existing zone facilities cannot serve the Andrew McGilvray, specific use involved; Executive Secretary. DEPARTMENT OF COMMERCE Whereas, the Regional Industrial [FR Doc. 2014–00535 Filed 1–13–14; 8:45 am] Development Corporation, grantee of BILLING CODE 3510–DS–P International Trade Administration Foreign-Trade Zone 33, has made [A–570–008] application to the Board for the expansion of Subzone 33D on behalf of DEPARTMENT OF COMMERCE Calcium Hypochlorite From the Mitsubishi Electric Power Products Inc., Foreign-Trade Zones Board People’s Republic of China: Initiation in southwestern Pennsylvania (FTZ of Antidumping Duty Investigation Docket B–79–2013, docketed 8–16– [Order No. 1927] 2013); AGENCY: Enforcement and Compliance, Whereas, notice inviting public Reorganization of Foreign-Trade Zone formerly Import Administration, comment has been given in the Federal 182 (Expansion of Service Area) Under International Trade Administration, Register (78 FR 52758, 8–26–2013) and Alternative Site Framework; Fort Department of Commerce. the application has been processed Wayne, Indiana DATES: Effective Date: January 14, 2014. pursuant to the FTZ Act and the Board’s FOR FURTHER INFORMATION CONTACT: Pursuant to its authority under the Foreign- Kabir Archuletta, Office V, AD/CVD regulations; and, Trade Zones Act of June 18, 1934, as Whereas, the Board adopts the amended (19 U.S.C. 81a–81u), the Foreign- Operations, Enforcement and findings and recommendations of the Trade Zones Board (the Board) adopts the Compliance, International Trade examiner’s memorandum, and finds that following Order: Administration, U.S. Department of Commerce, 14th Street and Constitution the requirements of the FTZ Act and the WHEREAS, the Board adopted the Board’s regulations are satisfied; Avenue NW., Washington, DC 20230; alternative site framework (ASF) (15 telephone: (202) 482–2593. Now, therefore, the Board hereby CFR Sec. 400.2(c)) as an option for the SUPPLEMENTARY INFORMATION: approves the expansion of Subzone 33D establishment or reorganization of on behalf of Mitsubishi Electric Power zones; The Petition Products Inc. in southwestern WHEREAS, the City of Fort Wayne, On December 18, 2013, the Pennsylvania, as described in the grantee of Foreign-Trade Zone 182, application and Federal Register notice, Department of Commerce submitted an application to the Board (‘‘Department’’) received an subject to the FTZ Act and the Board’s (FTZ Docket B–71–2013, docketed 6– regulations, including Section 400.13. antidumping duty (‘‘AD’’) petition 28–2013) for authority to expand the concerning imports of calcium Signed at Washington, DC, this 2nd day of service area of the zone to include hypochlorite from the People’s Republic January 2014. Blackford, Jay, LaGrange, Randolph and of China (‘‘PRC’’), filed in proper form Christian Marsh, Steuben Counties, as described in the on behalf of Arch Chemicals, Inc. Acting Assistant Secretary of Commerce for application, adjacent to the Fort Wayne (‘‘Petitioner’’), a domestic producer of Enforcement and Compliance, Alternate Customs and Border Protection port of calcium hypochlorite.1 The AD Petition Chairman, Foreign-Trade Zones Board. entry; [FR Doc. 2014–00533 Filed 1–13–14; 8:45 am] WHEREAS, notice inviting public 1 See ‘‘Petition for the Imposition of Antidumping BILLING CODE 3510–DS–P comment was given in the Federal and Countervailing Duties on Calcium Hypochlorite

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was accompanied by a countervailing for which the domestic industry is All comments and submissions to the duty (‘‘CVD’’) petition concerning seeking relief. Moreover, as discussed in Department must be filed electronically imports of calcium hypochlorite from the preamble to the Department’s using Enforcement and Compliance’s the PRC. On December 19, 2013, and regulations,4 we are setting aside a Antidumping and Countervailing Duty December 24, 2013, the Department period for interested parties to raise Centralized Electronic Service System requested additional information and issues regarding product coverage. The (‘‘IA ACCESS’’). Department encourages all interested clarification of certain areas of the Filing Requirements Petition, and on December 23, 2013, and parties to submit such comments by December 30, 2013, Petitioner filed a January 27, 2014, which is 20 calendar All submissions to the Department response to each request.2 days from the signature date of this must be filed electronically using IA In accordance with section 732(b) of notice. All comments must be filed on ACCESS. An electronically filed the Tariff Act of 1930, as amended (the the record of the AD investigation, as document must be received successfully ‘‘Act’’), Petitioner alleges that imports of well as the concurrent CVD in its entirety by the Department’s calcium hypochlorite from the PRC are investigation. electronic records system, IA ACCESS, being, or are likely to be, sold in the by 5 p.m. on the due date. Documents Comments on the Product excepted from the electronic submission United States at less than fair value Characteristics for AD Questionnaire within the meaning of section 731 of the requirements must be filed manually Act, and that such imports are The Department requests comments (i.e., in paper form) with the materially injuring, or threatening from interested parties regarding the Enforcement and Compliance’s APO/ material injury to, an industry in the appropriate physical characteristics of Dockets Unit, Room 1870, U.S. United States. Also, consistent with calcium hypochlorite to be reported in Department of Commerce, 14th Street section 732(b)(1) of the Act, the Petition response to the Department’s AD and Constitution Avenue NW., is accompanied by information questionnaire. This information will be Washington, DC 20230, and stamped reasonably available to Petitioner in used to identify the key physical with the date and time of receipt by the characteristics of the merchandise under deadline established by the support of its allegations. 5 The Department finds that Petitioner consideration in order to report the Department. filed this Petition on behalf of the relevant factors and costs of production Determination of Industry Support for domestic industry because Petitioner is accurately, as well as to develop the Petition appropriate product-comparison an interested party as defined in section Section 732(b)(1) of the Act requires 771(9)(C) of the Act. The Department criteria. Interested parties may provide any that a petition be filed on behalf of the also finds that Petitioner has information or comments that they feel domestic industry. Section 732(c)(4)(A) demonstrated sufficient industry are relevant to the development of an of the Act provides that a petition meets support with respect to the initiation of accurate list of physical characteristics. this requirement if the domestic the AD investigation that Petitioner is Specifically, they may provide producers or workers who support the requesting.3 comments as to which characteristics petition account for: (i) At least 25 Period of Investigation are appropriate to use as: (1) General percent of the total production of the product characteristics and (2) product- domestic like product; and (ii) more The period of investigation (‘‘POI’’) is than 50 percent of the production of the April 1, 2013, through September 30, comparison criteria. We note that it is not always appropriate to use all domestic like product produced by that 2013, in accordance with 19 CFR portion of the industry expressing 351.204(b)(1). product characteristics as product- comparison criteria. We base product- support for, or opposition to, the Scope of the Investigation comparison criteria on meaningful petition. Moreover, section 732(c)(4)(D) commercial differences among products. of the Act provides that, if the petition The product covered by this does not establish support of domestic investigation is calcium hypochlorite In other words, while there may be some physical product characteristics producers or workers accounting for from the PRC. For a full description of more than 50 percent of the total the scope of the investigation, please see utilized by manufacturers to describe calcium hypochlorite, it may be that production of the domestic like product, the ‘‘Scope of Investigation’’ in the the Department shall: (i) Poll the appendix to this notice. only a select few product characteristics take into account commercially industry or rely on other information in Comments on the Scope of the meaningful physical characteristics. In order to determine if there is support for Investigation addition, interested parties may the petition, as required by comment on the order in which the subparagraph (A); or (ii) if there is a During our review of the Petition, we large number of producers in the solicited information from Petitioner to physical characteristics should be used in matching products. Generally, the industry, the Department may ensure that the proposed scope language determine industry support using a is an accurate reflection of the product Department attempts to list the most important physical characteristics first statistically valid sampling method to and the least important characteristics poll the industry. from the People’s Republic of China,’’ dated Section 771(4)(A) of the Act defines December 18, 2013 (hereafter referred to as the last. ‘‘Petition’’). In order to consider the suggestions of the ‘‘industry’’ as the producers as a 2 See Petitioner’s December 23, 2013, filing titled, interested parties in developing and whole of a domestic like product. Thus, ‘‘Calcium Hypochlorite from the People’s Republic issuing the AD questionnaire, we must to determine whether a petition has the of China: Response to Supplemental Questions’’ requisite industry support, the statute (‘‘PRC AD Supplement’’); see also Petitioner’s receive comments on product December 30, 2013, filing titled, ‘‘Petition for the characteristics no later than January 27, directs the Department to look to Imposition of Antidumping Duties on Imports of 2014. Rebuttal comments must be Calcium Hypochlorite from the People’s Republic of 5 19 CFR 351.303(b)(1). Information on help using China: Response to General Supplemental received no later than February 3, 2014. IA ACCESS can be found at https://iaaccess.trade. Questions’’. gov/help.aspx and a handbook can be found at 3 See ‘‘Determination of Industry Support for the 4 See Antidumping Duties; Countervailing Duties; https://iaaccess.trade.gov/help/Handbook%20on Petition’’ section, below. Final Rule, 62 FR 27296, 27323 (May 19, 1997). %20Electronic%20Filing%20Procedures.pdf.

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producers and workers who produce the like product in 2012, and compared this reduced market share; underselling and domestic like product. The U.S. to the estimated total production of the price depression or suppression; lost International Trade Commission domestic like product for the entire sales and revenues; reduced production (‘‘ITC’’), which is responsible for domestic industry.9 Petitioner estimated and capacity utilization; decline in determining whether ‘‘the domestic total 2012 production of the domestic employment variables; and decline in industry’’ has been injured, must also like product using its own production financial performance.16 We have determine what constitutes a domestic data and knowledge of the industry.10 assessed the allegations and supporting like product in order to define the We have relied upon data Petitioner evidence regarding material injury, industry. While both the Department provided for purposes of measuring threat of material injury, and causation, and the ITC must apply the same industry support.11 and we have determined that these statutory definition regarding the Based on information provided in the allegations are properly supported by domestic like product,6 they do so for Petition, supplemental submission, and adequate evidence and meet the different purposes and pursuant to a other information readily available to statutory requirements for initiation.17 separate and distinct authority. In the Department, we determine that Allegation of Sales at Less Than Fair addition, the Department’s Petitioner has met the statutory criteria Value determination is subject to limitations of for industry support under section time and information. Although this 732(c)(4)(A)(i) of the Act because the The following is a description of the may result in different definitions of the domestic producers (or workers) who allegation of sales at less than fair value like product, such differences do not support the Petition account for at least upon which the Department has based render the decision of either agency 25 percent of the total production of the its decision to initiate investigations of contrary to law.7 domestic like product.12 Based on imports of calcium hypochlorite from Section 771(10) of the Act defines the information provided in the Petition, the PRC. The sources of data for the domestic like product as ‘‘a product the domestic producers (or workers) deductions and adjustments relating to which is like, or in the absence of like, have met the statutory criteria for U.S. price and NV are discussed in most similar in characteristics and uses industry support under section greater detail in the AD Initiation with, the article subject to an 732(c)(4)(A)(ii) of the Act because the Checklist. investigation under this title.’’ Thus, the domestic producers (or workers) who Export Price reference point from which the support the Petition account for more domestic like product analysis begins is than 50 percent of the production of the Petitioner based export price (‘‘EP’’) ‘‘the article subject to an investigation’’ domestic like product produced by that on the POI average unit values (i.e., the class or kind of merchandise to portion of the industry expressing (‘‘AUVs’’) of U.S. imports of calcium be investigated, which normally will be support for, or opposition to, the hypochlorite from the PRC, under the the scope as defined in the petition). Petition. Accordingly, the Department Harmonized Tariff Schedule of the With regard to the domestic like determines that the Petition was filed on United States subheading product, Petitioner does not offer a behalf of the domestic industry within 2828.10.0000.18 From the POI AUV, definition of domestic like product the meaning of section 732(b)(1) of the Petitioner deducted an amount for distinct from the scope of the Act.13 foreign brokerage and handling charges investigation. Based on our analysis of The Department finds that Petitioner in the PRC and foreign inland freight the information submitted on the filed the Petition on behalf of the from the manufacturing plant to the port record, we have determined that domestic industry because it is an of exportation.19 Petitioner made no calcium hypochlorite, as defined in the interested party as defined in section other adjustments.20 scope of the investigation, constitutes a 771(9)(C) of the Act and it has Normal Value single domestic like product and we demonstrated sufficient industry have analyzed industry support in terms support with respect to the antidumping Petitioner states that the Department of that domestic like product.8 duty investigation that it is requesting has treated the PRC as a non-market In determining whether Petitioner has the Department initiate.14 economy (‘‘NME’’) country in every standing under section 732(c)(4)(A) of proceeding in which the PRC has been the Act, we considered the industry Allegations and Evidence of Material involved.21 The presumption of NME support data contained in the Petition Injury and Causation status for the PRC has not been revoked with reference to the domestic like Petitioner alleges that the U.S. by the Department and, therefore, in product as defined in the ‘‘Scope of industry producing the domestic like accordance with section 771(18)(C)(i) of Investigation’’ section above. To product is being materially injured, or is the Act, remains in effect for purposes establish industry support, Petitioner threatened with material injury, by of the initiation of this investigation. provided its production of the domestic reason of the imports of the subject merchandise sold at less than normal 16 See Volume I of the Petition, at 17–30 and 6 See section 771(10) of the Act. value (‘‘NV’’). In addition, Petitioner Exhibits INJ–1 through INJ–8. 17 7 See USEC, Inc. v. United States, 132 F. Supp. alleges that subject imports exceed the See AD Initiation Checklist, at Attachment III, 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. Analysis of Allegations and Evidence of Material negligibility threshold provided for Injury and Causation for the Petitions Covering v. United States, 688 F. Supp. 639, 644 (CIT 1988), 15 aff’d 865 F.2d 240 (Fed. Cir. 1989)). under section 771(24)(A) of the Act. Calcium Hypochlorite from the People’s Republic of China. 8 See Antidumping Duty Investigation Initiation Petitioner contends that the industry’s 18 Checklist: Calcium Hypochlorite from the People’s injured condition is illustrated by See AD Initiation Checklist at 5–6; see also Republic of China (‘‘AD Initiation Checklist’’), at Volume II of the Petition, at 4 and Exhibits AD–4, AD–5 and AD–14; and PRC AD Supplement, at Attachment II, Analysis of Industry Support for the 9 See Volume I of the Petition, at 3–4 and Exhibit 2–4 and revised Exhibit AD–14. Antidumping and Countervailing Duty Petitions GEN–2. 19 See AD Initiation Checklist at 5–6; see also Covering Calcium Hypochlorite from the People’s 10 Id. Republic of China (‘‘Attachment II’’). This checklist Volume II of the Petition, at Exhibits AD–6 through 11 See AD Initiation Checklist, at Attachment II. is dated concurrently with this notice and on file AD–14; and PRC AD Supplement, at 2–4 and 12 electronically via IA ACCESS. Access to documents Id. revised Exhibits AD–9, AD–11, and AD–14, and filed via IA ACCESS is also available in the Central 13 Id. Exhibits AD–28 and AD–29. Records Unit (‘‘CRU’’), Room 7046 of the main 14 Id. 20 Id. Department of Commerce building. 15 See Volume I of the Petition, at 18. 21 See Volume II of the Petition, at 1–2.

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Accordingly, the NV of the product for producer employs an integrated initiating an AD investigation to the investigation is appropriately based production process.29 determine whether imports of calcium on factors of production valued in a Petitioner valued the factors of hypochlorite from the PRC are being, or surrogate market-economy country in production using reasonably available, likely to be, sold in the United States at accordance with section 773(c) of the public surrogate country data, less than fair value. In accordance with Act. In the course of this investigation, specifically, Philippine import data section 733(b)(1)(A) of the Act and 19 all parties will have the opportunity to from the Global Trade Atlas (‘‘GTA’’) for CFR 351.205(b)(1), unless postponed, provide relevant information related to the most recent six-month period for we will issue our preliminary the issues of the PRC’s NME status and which data was available (i.e., March determination no later than 140 days 30 granting of separate rates to individual 2013 through August 2013). Petitioner after the publication date of this exporters. excluded from these GTA import initiation. For a discussion of evidence statistics imports from NME countries, supporting our initiation determination, Petitioner contends that the countries that maintain broadly see the AD Initiation Checklist which Philippines is the appropriate surrogate available export subsidies, and any accompanies this notice. country for the PRC because: (1) It is at imports from ‘‘unspecified’’ countries.31 a level of economic development Further, Petitioner made currency Respondent Selection and Quantity and comparable to that of the PRC; and (2) conversions, where applicable, based on Value Questionnaire it is a significant producer of the POI-average Philippine Peso/U.S. In accordance with our standard comparable merchandise.22 Based on dollar exchange rates.32 The Department practice for respondent selection in AD the information provided by Petitioner, determines that the surrogate values investigations involving NME countries, we conclude that it is appropriate to use used by Petitioner are reasonably we intend to issue quantity and value the Philippines as a surrogate country available and, thus, are acceptable for questionnaires to each potential for initiation purposes.23 After initiation purposes of initiation. respondent, and will base respondent of this investigation, interested parties Petitioner determined direct materials selection on the responses received. In will have the opportunity to submit costs from Philippine import data from addition, the Department will post the comments regarding surrogate country the GTA.33 Petitioner applied certain quantity and value questionnaire along selection and, pursuant to 19 CFR conversion factors to align the units of with the filing instructions on the 351.301(c)(3)(i), will be provided an measure with its own FOPs.34 Petitioner Enforcement and Compliance Web site opportunity to submit publicly available calculated financial ratios (i.e., factory (http://www.trade.gov/enforcement/ information to value factors of overhead expenses, selling, general, and news.asp). Exporters and producers of production (‘‘FOPs’’) within 30 days administrative (‘‘SG&A’’) expenses, and calcium hypochlorite from the PRC that before the scheduled date of the profit) on the financial statements of do not receive quantity and value preliminary determination.24 Mabuhay Vinyl Corporation (‘‘Mabuhay questionnaires via mail may still submit Vinyl’’), a Philippine manufacturer of a quantity and value response, and can Petitioner calculated NV using the sodium hypochlorite (a product that obtain a copy from the Enforcement and Department’s NME methodology as Petitioner claims is comparable to Compliance Web site. The quantity and required by 19 CFR 351.202(b)(7)(i)(C) calcium hypochlorite), for the year value questionnaire must be submitted and 19 CFR 351.408. Petitioner based its ending December 31, 2012.35 by all PRC exporters/producers no later NV on two different production than January 21, 2014. All quantity and 25 Fair Value Comparisons methods. For a non-integrated value questionnaires must be filed production process, which Petitioner Based on the data provided by electronically using IA ACCESS. believes to be comparable to calcium Petitioner, there is reason to believe that hypochlorite producers in the PRC, imports of calcium hypochlorite from Separate Rates Petitioner based NV on its own U.S the PRC are being, or are likely to be, In order to obtain separate rate status production experience during the time sold in the United States at less than fair in an NME AD investigation, exporters period January–September 2013.26 For value. Based on comparisons of EP to and producers must submit a separate the production process of an integrated NV for both integrated and non- rate application.37 The specific producer of calcium hypochlorite, integrated production processes in requirements for submitting the separate Petitioner based NV on a 2009 accordance with section 773(c) of the rate application in the PRC investigation feasibility study conducted by Petitioner Act, Petitioner calculated the estimated are outlined in detail in the application that analyzed the costs associated with dumping margins to be 182.51–210.52 itself, which will be available on the setting up a fully integrated facility.27 percent with respect to imports of Department’s Web site at http:// This study was supported by an calcium hypochlorite from the PRC.36 trade.gov/enforcement/ia-highlights- affidavit from the individual who Initiation of AD Investigation and-news.html on the date of assisted with the calculation of expected publication of this initiation notice in per-kg factors of production (‘‘FOPs’’).28 Based on our examination of the the Federal Register. The separate rate Petitioner also submitted information Petition on calcium hypochlorite from application will be due 60 days after the indicating that at least one major PRC the PRC, the Department finds that the publication of this initiation notice. For Petition meets the requirements of exporters and producers who submit a section 732 of the Act. Therefore, we are 22 Id., at 2–4 and Exhibits AD–2 and AD–3. separate rate status application and have 23 See AD Initiation Checklist. been selected as mandatory 29 24 See 19 CFR 351.301(c)(3)(i). Note that this is Id., at 5 and Exhibit AD–15. respondents, these exporters and the revised regulation published on April 10, 2013. 30 Id., at Exhibit AD–20. See http://enforcement.trade.gov/frn/2013/1304frn/ 31 Id., at 6. 37 See Policy Bulletin 05.1: Separate-Rates 2013-08227.txt. 32 Id., at Exhibit AD–13. Practice and Application of Combination Rates in 25 33 See Volume II of the Petition, at 5–6. Id., at 6–7 and Exhibit AD–20. Antidumping Investigation involving Non-Market 26 Id., at 5–6 and Exhibits AD–17 and AD–19. 34 Id., at Exhibit AD–17. Economy Countries (April 5, 2005) (Separate Rates 27 Id., at 6 and Exhibits AD–16, AD–17 and AD– 35 Id., at 8 and Exhibit AD–26. and Combination Rates Bulletin), available on the 19. 36 See PRC AD Supplement, at 3–4 and Exhibit Department’s Web site at http:// 28 Id., at Exhibit AD–18. AD–27. enforcement.trade.gov/policy/).

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producers will no longer be eligible for calcium hypochlorite from the PRC that parties may request an extension of consideration for separate rate status materially injure, or threaten material time limits before a time limit unless they respond to all parts of the injury to, a U.S. industry.39 A negative established under Part 351 expires, or as Department’s AD questionnaire as ITC determination will result in the otherwise specified by the Secretary. In mandatory respondents. The investigation being terminated.40 general, an extension request will be Department requires that the PRC Otherwise, this investigation will considered untimely if it is filed after respondents submit a response to the proceed according to statutory and the time limit established under Part separate rate application by the deadline regulatory time limits. 351 expires. For submissions which are referenced above in order to receive Submission of Factual Information due from multiple parties consideration for separate rate status. simultaneously, an extension request On April 10, 2013, the Department will be considered untimely if it is filed Use of Combination Rates published Definition of Factual after 10:00 a.m. on the due date. Information and Time Limits for The Department will calculate Examples include, but are not limited combination rates for certain Submission of Factual Information: Final Rule, 78 FR 21246 (April 10, to: (1) Case and rebuttal briefs, filed respondents that are eligible for a pursuant to 19 CFR 351.309; (2) factual separate rate in an NME investigation. 2013), which modified two regulations information to value factors under The Separate Rates and Combination related to AD and CVD proceedings: 1) section 19 CFR 351.408(c), or to Rates Bulletin states: The definition of factual information (19 CFR 351.102(b)(21)), and 2) the time measure the adequacy of remuneration {w}hile continuing the practice of under section 19 CFR 351.511(a)(2), assigning separate rates only to exporters, all limits for the submission of factual information (19 CFR 351.301). The final filed pursuant to 19 CFR 351.301(c)(3) separate rates that the Department will now and rebuttal, clarification and correction assign in its NME investigations will be rule identifies five categories of factual specific to those producers that supplied the information in 19 CFR 351.102(b)(21), filed pursuant to 19 CFR exporter during the period of investigation. which are summarized as follows: (i) 351.301(c)(3)(iv); (3) comments Note, however, that one rate is calculated for Evidence submitted in response to concerning the selection of a surrogate the exporter and all of the producers which questionnaires; (ii) evidence submitted country and surrogate values and supplied subject merchandise to it during the in support of allegations; (iii) publicly rebuttal; (4) comments concerning CBP period of investigation. This practice applies available information to value factors data; and (5) quantity and value both to mandatory respondents receiving an under 19 CFR 351.408(c) or to measure questionnaires. Under certain individually calculated separate rate as well circumstances, the Department may as the pool of non-investigated firms the adequacy of remuneration under 19 receiving the weighted-average of the CFR 351.511(a)(2); (iv) evidence placed elect to specify a different time limit by individually calculated rates. This practice is on the record by the Department; and (v) which extension requests will be referred to as the application of ‘‘combination evidence other than factual information considered untimely for submissions rates’’ because such rates apply to specific described in (i)–(iv). The final rule which are due from multiple parties combinations of exporters and one or more requires any party, when submitting simultaneously. In such a case, the producers. The cash-deposit rate assigned to factual information, to specify under Department will inform parties in the an exporter will apply only to merchandise which subsection of 19 CFR letter or memorandum setting forth the both exported by the firm in question and 351.102(b)(21) the information is being deadline (including a specified time) by produced by a firm that supplied the exporter during the period of investigation.38 submitted and, if the information is which extension requests must be filed submitted to rebut, clarify, or correct to be considered timely. This Distribution of Copies of the Petition factual information already on the modification also requires that an In accordance with section record, to provide an explanation extension request must be made in a 732(b)(3)(A) of the Act, and 19 CFR identifying the information already on separate, stand-alone submission, and 351.202(f), copies of the public version the record that the factual information clarifies the circumstances under which of the Petition have been provided to seeks to rebut, clarify, or correct. The the Department will grant untimely- the Government of the PRC. Because of final rule also modified 19 CFR 351.301 filed requests for the extension of time the particularly large number of so that, rather than providing general limits. These modifications are effective producers/exporters identified in the time limits, there are specific time limits for all segments initiated on or after Petition, the Department considers the based on the type of factual information October 21, 2013. Review Extension of service of the public version of the being submitted. These modifications Time Limits; Final Rule, available at Petition to the foreign producers/ are effective for all proceeding segments http://www.gpo.gov/fdsys/pkg/FR-2013- exporters to be satisfied by the provision initiated on or after May 10, 2013, and 09-20/html/2013-22853.htm, prior to of the public version of the Petition to thus are applicable to this investigation. submitting factual information in this the Government of the PRC, consistent Please review the final rule, available at segment. with 19 CFR 351.203(c)(2). http://enforcement.trade.gov/frn/2013/ 1304frn/2013-08227.txt, prior to Certification Requirements ITC Notification submitting factual information for this Any party submitting factual investigation. We have notified the ITC of our information in an AD or CVD initiation, as required by section 732(d) Revised Extension of Time Limits proceeding must certify to the accuracy of the Act. Regulation and completeness of that information.41 Preliminary Determination by the ITC On September 20, 2013, the Parties are hereby reminded that revised The ITC will preliminarily determine, Department modified its regulation certification requirements are in effect within 45 days after the date on which concerning the extension of time limits for company/government officials as the Petition was filed, whether there is for submissions in AD and CVD well as their representatives in all AD or a reasonable indication that imports of proceedings. The modification clarifies CVD investigations or proceedings initiated on or after August 16, 2013, 38 See Separate Rates and Combination Rates 39 See section 733(a) of the Act. Bulletin at 6 (emphasis added). 40 Id. 41 See section 782(b) of the Act.

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including this investigation.42 The written description of the scope of this USW claimed interested party status formats for the revised certifications are investigation is dispositive. under section 771(9)(D) of the Act as a provided at the end of the Final Rule. [FR Doc. 2014–00522 Filed 1–13–14; 8:45 am] certified or recognized union The Department intends to reject factual BILLING CODE 3510–DS–P representing workers engaged in submissions if the submitting party does manufacturing the domestic like not comply with the revised product. certification requirements. DEPARTMENT OF COMMERCE On September 3, 2013, the Department received an adequate Notification to Interested Parties International Trade Administration substantive response from the domestic Interested parties must submit [A–570–912] interested parties identified above applications for disclosure under APO within the 30-day deadline specified in in accordance with 19 CFR 351.305(b). Certain New Pneumatic Off-The-Road 19 CFR 351.218(d)(3)(i). The Instructions for filing such applications Tires From the People’s Republic of Department did not receive a may be found on the Department’s Web China: Final Results of the Expedited substantive response from any site at http://enforcement.trade.gov/ Sunset Review of the Antidumping respondent interested party. As a result, apo/index.html. Duty Order pursuant to section 751(c)(3)(B) of the AGENCY: Enforcement and Compliance, Act and 19 CFR 351.218(e)(1)(ii)(C)(2), This notice is issued and published the Department has conducted an pursuant to section 777(i) of the Act. formerly Import Administration, International Trade Administration, expedited (120-day) sunset review of the Dated: January 7, 2014. Department of Commerce. antidumping duty order on OTR tires Paul Piquado, SUMMARY: On August 1, 2013, the from the PRC. Assistant Secretary for Enforcement and Department of Commerce (‘‘the As explained in the memorandum Compliance. Department’’) initiated the sunset from the Assistant Secretary for Enforcement and Compliance, the Appendix I review of the antidumping duty order on certain new pneumatic off-the-road Department has exercised its discretion Scope of the Investigation tires (‘‘OTR tires’’) from the People’s to toll deadlines for the duration of the The product covered by this investigation Republic of China (‘‘PRC’’) pursuant to closure of the Federal Government from is calcium hypochlorite, regardless of form section 751(c) of the Tariff Act of 1930, October 1, through October 16, 2013.2 (e.g., powder, tablet (compressed), crystalline as amended (‘‘the Act’’). As a result of Therefore, all deadlines in this segment (granular), or in liquid solution), whether or its analysis, the Department finds that of the proceeding have been extended not blended with other materials, containing revocation of the antidumping duty by 16 days. at least 10% available chlorine measured by actual weight. The scope also includes order would be likely to lead to Scope of the Order continuation or recurrence of dumping bleaching powder and hemibasic calcium The products covered by the order are hypochlorite. at the margins indicated in the ‘‘Final Results of Sunset Review’’ section of new pneumatic tires designed for off- Calcium hypochlorite has the general the-road and off-highway use, subject to chemical formulation Ca(OCl) , but may also this notice. 2 certain exceptions. The subject be sold in a more dilute form as bleaching DATES: Effective Date: January 14, 2014. powder with the chemical formulation, merchandise is currently classifiable FOR FURTHER INFORMATION CONTACT: under Harmonized Tariff Schedule of Ca(OCl)2.CaCl2.Ca(OH)2.2H2O or hemibasic Demitrios Kalogeropoulos, AD/CVD calcium hypochlorite with the chemical the United States (‘‘HTSUS’’) formula of 2Ca(OCl) .Ca(OH) or Operations, Office III, Enforcement and subheadings: 4011.20.10.25, 2 2 Compliance, International Trade Ca(OCl)2.0.5Ca(OH)2. Calcium hypochlorite 4011.20.10.35, 4011.20.50.30, has a Chemical Abstract Service (‘‘CAS’’) Administration, U.S. Department of 4011.20.50.50, 4011.61.00.00, registry number of 7778–54–3, and a U.S. Commerce, 14th Street & Constitution 4011.62.00.00, 4011.63.00.00, Environmental Protection Agency (‘‘EPA) Avenue NW., Washington, DC 20230; 4011.69.00.00, 4011.92.00.00, Pesticide Code (‘‘PC’’) Number of 014701. telephone: (202) 482–2623. 4011.93.40.00, 4011.93.80.00, The subject calcium hypochlorite has an SUPPLEMENTARY INFORMATION: International Maritime Dangerous Goods 4011.94.40.00, and 4011.94.80.00. While (‘‘IMDG’’) code of Class 5.1 UN 1748, 2880, Background HTSUS subheadings are provided for or 2208 or Class 5.1/8 UN 3485, 3486, or convenience and customs purposes, our On August 1, 2013, the Department written description of the scope is 3487. published the notice of initiation of the Calcium hypochlorite is currently dispositive. sunset review of the antidumping duty classifiable under the subheading For a full description of the scope, see 2828.10.0000 of the Harmonized Tariff order on OTR tires from the PRC, 1 ‘‘Issues and Decision Memorandum for Schedule of the United States (‘‘HTSUS’’). pursuant to Section 751(c) of the Act. the Final Results of Expedited First The subheading covers commercial calcium The Department received a notice of Sunset Review of the Antidumping Duty hypochlorite and other calcium hypochlorite. intent to participate from Titan Tire Order on New Pneumatic Off-The-Road When tableted or blended with other Corporation (‘‘Titan’’) and the United materials, calcium hypochlorite may be Tires from the People’s Republic of Steel, Paper and Forestry, Rubber, China,’’ from Christian Marsh, Deputy entered under other tariff classifications, Manufacturing, Energy, Allied such as 3808.94.5000 and 3808.99.9500, Assistant Secretary for Antidumping Industrial and Service Workers and Countervailing Duty Operations, to which cover disinfectants and similar International Union, AFL–CIO–CLC products. While the HTSUS subheadings, the Ronald K. Lorentzen, Acting Assistant (‘‘USW’’) (collectively, ‘‘domestic CAS registry number, the U.S. EPA PC Secretary for Enforcement and number, and the IMDG codes are provided interested parties’’). Titan claimed Compliance, dated December 16, 2013 for convenience and customs purposes, the interested party status under section (‘‘Issues and Decision Memorandum’’). 771(9)(C) of the Act, as a domestic 42 See Certifications of Factual Information To producer of the domestic like product. 2 See Memorandum for the Record from Paul Import Administration During Antidumping and Piquado, Assistant Secretary for Enforcement and Countervailing Duty Proceedings, 78 FR 42678 (July 1 See Initiation of Five-Year (‘‘Sunset’’) Review, 78 Compliance, ‘‘Deadlines Affected by the Shutdown 17, 2013) (‘‘Final Rule’’). FR 46575 (August 1, 2013). of the Federal Government.’’

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