China Calhypo: New AD/CVD Investigations Deadlines & Scope
The Commerce Department issued Federal Register notices on its recently initiated antidumping and countervailing duty investigations on calcium hypochlorite from China (A-570-008/C-570-009). The agency will determine whether imports of the pool cleaning chemical from China are being sold in the U.S. at less than fair value or illegally subsidized.
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The AD duty period of investigation is April 1, 2013, through Sept. 30, 2013. The CV duty period of investigation is Jan 1, 2012, through Dec. 31, 2012.
AD/CVD Respondent Selection
Commerce said it will pick respondents to the CV duty investigation based on CBP import data. The decisions will come within 20 days of the publication date of this initiation notice, by Feb. 4. For the AD duty investigation, Commerce will send quantity and value questionnaires to each potential respondent, and will base respondent selection on the responses it receives. Chinese exporters that don't get a quantity and value questionnaire can still submit one. Commerce said it will post a copy of the quantity and value questionnaire on its website (here).
AD Separate Rate Applications
For AD investigations involving non-market economy (NME) countries such as China, Commerce requires that respondents submit a response to both the Q&V questionnaire and the separate rate application by the respective deadlines in order to prove independence from state control and receive consideration for separate rate status. Commerce will calculate combination rates for certain respondents that are eligible for a separate rate in this investigation, instead of assigning them the typically high China-wide rate. Separate-rate status applications are due 60 days after publication of the AD initiation notice in the Federal Register (i.e., March 17). The separate rate application is available (here).
Scope of the AD/CVD Investigations
"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)2, but may also be sold in a more diluted 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 investigation is dispositive."
Comments on Scope Due by Jan. 27
Commerce said it discussed the scope with petitioners to ensure it's an accurate reflection of the products for which the domestic industry is seeking relief. Comments on the scope of both investigations are due by Jan. 27.
Investigations Timetable
| Event | AD Duty | CV Duty |
|---|---|---|
| Petitions filed | 12/18/13 | 12/18/13 |
| DOC initiation date | 01/07/14 | 01/07/14 |
| ITC prelim determination1 | 02/03/14 | 02/03/14 |
| DOC prelim determination2 | 05/27/14 | 03/13/14 |
| DOC final determination2 | 08/11/14 | 05/27/14 |
| ITC final determination3 | 09/24/14 | 07/11/14 |
| Issuance of orders4 | 10/01/14 | 07/18/14 |
1If the ITC makes a negative determination of injury, the investigations are terminated.
2These deadlines may be extended under the governing statute.
3This will take place only in the event of Commerce Department final affirmative determinations.
4This will take place only in the event of Commerce and ITC final affirmative determinations.
(See 13121920 for summary of the Commerce Department's receipt of the petition underlying the initiation of this investigation.)
The AD duty initiation notice is (here).
The CV duty initiation notice is (here).
The Commerce Department fact sheet on the initiation of these investigations is (here).