1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's Republic of China: Amended Final Determination of Sales at Less Than Fair Value, and Antidumping Duty Order, 22807-22809 [2017-10078]
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Federal Register / Vol. 82, No. 95 / Thursday, May 18, 2017 / Notices
jstallworth on DSK7TPTVN1PROD with NOTICES
antidumping duties on all appropriate
entries in accordance with 19 CFR
351.212(b)(1). We intend to issue
instructions to CBP 15 days after the
date of publication of the final results of
this review.
If the weighted-average dumping
margin for Shin Yang is not zero or de
minimis in the final results, then the
Department will calculate importerspecific assessment rates. Because Shin
Yang did not report the entered value of
its sales, we will calculate importerspecific per-unit duty assessment rates
by aggregating the total amount of
dumping calculated for the examined
sales of each importer and dividing each
of these amounts by the total quantity
(i.e., weight) associated with those sales.
To determine whether the importerspecific per-unit assessment rates are de
minimis, in accordance with the
requirement set forth in 19 CFR
351.106(c)(2), we will calculate
importer-specific ad valorem rates based
on estimated entered values. Pursuant to
19 CFR 351.106(c)(2), we will instruct
CBP to liquidate without regard to
antidumping duties all entries for which
the importer-specific ad valorem rate is
zero or de minimis.
With respect to Yieh Hsing, if we
continue to find that Yieh Hsing had no
shipments of subject merchandise in the
final results, we will instruct CBP to
liquidate any existing entries of
merchandise produced by Yieh Hsing,
but exported by other parties, at the rate
for the intermediate reseller, if available,
or at the all-others rate.11
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for Shin Yang will
be equal to the weighted-average
dumping margin established in the final
results of this review, except if the rate
is zero or de minimis within the
meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be
zero; (2) for other manufacturers and
exporters covered in a prior segment of
the proceeding, the cash deposit rate
will continue to be the companyspecific rate published for the most
11 See, e.g., Magnesium Metal from the Russian
Federation: Preliminary Results of Antidumping
Duty Administrative Review, 75 FR 26922, 26923
(May 13, 2010), unchanged in Magnesium Metal
from the Russian Federation: Final Results of
Antidumping Duty Administrative Review, 75 FR
56989 (September 17, 2010).
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13:43 May 17, 2017
Jkt 241001
recently completed segment of this
proceeding in which that manufacturer
or exporter participated; (3) if the
exporter is not a firm covered in this
review, a prior review, or the original
less-than-fair-value (LTFV)
investigation, but the manufacturer is,
then the cash deposit rate will be the
rate established for the most recently
completed segment of this proceeding
for the manufacturer of subject
merchandise; and (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 9.70
percent, the all-others rate in the LTFV
investigation.12 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notifications
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: May 10, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
22807
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–045]
1-Hydroxyethylidene-1, 1Diphosphonic Acid From the People’s
Republic of China: Amended Final
Determination of Sales at Less Than
Fair Value, and Antidumping Duty
Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (Department) and the
International Trade Commission (ITC),
the Department is issuing an
antidumping duty order on 1Hydroxyethylidene-1, 1-Diphosphonic
Acid (HEDP) from the People’s Republic
of China (PRC). We are also amending
our Final Determination to correct
ministerial errors with respect to
Nanjing University of Chemical
Technology Changzhou Wujin Water
Quality Stabilizer Factory and Nantong
Uniphos Chemicals Co., Ltd.
(collectively, WW Group).
DATES: Effective May 18, 2017.
FOR FURTHER INFORMATION CONTACT:
Omar Qureshi or Kenneth Hawkins, 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) 482–5307 or (202) 482–6491,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Appendix
Period of Investigation
List of Topics Discussed in the Preliminary
Decision Memorandum
The period of investigation (POI) is
July 1, 2015, through December 30,
2015.1
1. Summary
2. Background
3. Scope of the Order
4. Preliminary Determination of No
Shipments
5. Comparisons to Normal Value
6. Product Comparisons
7. Date of Sale
8. Export Price
9. Normal Value
10. Currency Conversion
11. Recommendation
[FR Doc. 2017–10058 Filed 5–17–17; 8:45 am]
BILLING CODE 3510–DS–P
Background
On March 23, 2017, the Department
published in the Federal Register the
Final Determination that HEDP from the
PRC is being, or is likely to be, sold in
the United States at LTFV, as provided
in section 735 of the Tariff Act of 1930,
as amended (Act).2 From March 23,
2017, to March 24, 2017, WW Group,
Henan Qingshuiyuan Technology Co.,
Ltd. (Qingshuiyuan), and Compass
Chemical International LLC (the
petitioner) respectively submitted
ministerial allegations concerning the
1 See
12 See
Certain Circular Welded Carbon Steel Pipes
and Tubes from Taiwan: Antidumping Duty Order,
49 FR 19369 (May 7, 1984).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
19 CFR 351.204(b)(1).
1-Hydroxyethylidene-1, 1-Diphosphonic
Acid from the People’s Republic of China: Final
Determination of Sales at Less Than Fair Value, 82
FR 14876 (March 23, 2017) (Final Determination).
2 See
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22808
Federal Register / Vol. 82, No. 95 / Thursday, May 18, 2017 / Notices
Final Determination.3 On May 8, 2017,
the ITC notified the Department of its
affirmative determination that an
industry in the United States is
materially injured within the meaning
of section 705(b)(1)(A)(i) of the Act, by
reason of subsidized imports of subject
merchandise from the PRC.4 On May 12,
2017, the ITC published its final
determination in the Federal Register.5
Scope of the Order
For a complete description of the
scope of the order, see Appendix.
Amendment to Final Determination
After considering parties’ comments
and reviewing the record, pursuant to
section 735(e) of the Act and 19 CFR
351.224(e) and (f), the Department is
amending the Final Determination to
reflect the correction of ministerial
errors it made in calculating the final
margin assigned to the WW Group.6 In
addition, because the rates for
Qingshuiyuan, Jianghai Environmental
Protection Co., Ltd., and the PRC-Wide
Entity are based on the margins for WW
Group and/or Shandong Taihe
Chemicals Co., Ltd. (Taihe), we are also
revising these rates.7
As a result of this amended final
determination, we have revised the
estimated weighted-average dumping
margins and the export subsidy
adjustments applied to the final
weighted-average dumping margins as
follows:
Weightedaverage
dumping
margin
(percent)
Producer
Exporter
Nanjing University of Chemical Technology Changzhou
Wujin Water Quality Stabilizer Factory.
Nanjing University of Chemical Technology Changzhou
Wujin Water Quality Stabilizer Factory and Nantong
Uniphos Chemicals Co., Ltd.
Shandong Taihe Chemicals Co., Ltd .................................
Henan Qingshuiyuan Technology Co., Ltd ........................
Jianghai Environmental Protection Co., Ltd .......................
Shandong Taihe Water Treatment Technologies Co., Ltd
Henan Qingshuiyuan Technology Co., Ltd ........................
Jianghai Environmental Protection Co., Ltd .......................
Cash
deposit
rate
(percent)
merchandise exceeds the export price
(or constructed export price) of the
merchandise, for all relevant entries of
HEDP from the PRC. Antidumping
duties will be assessed on unliquidated
entries of HEDP from the PRC entered,
or withdrawn from warehouse, for
consumption on or after November 4,
2016, the date of publication of the
Preliminary Determination.8
63.80
167.58
90.64
90.64
167.28
90.34
90.34
167.58
PRC-Wide Entity
63.80
167.58
jstallworth on DSK7TPTVN1PROD with NOTICES
Antidumping Duty Order
In accordance with section 735(d) of
the Act, the ITC has notified the
Department of its final determination in
this investigation, in which it found that
an industry in the United States is
materially injured within the meaning
of section 735(b)(1)(A)(i) of the Act.
Therefore, in accordance with section
735(c)(2) of the Act, we are publishing
this antidumping duty order. Because
the ITC determined that imports of
HEDP from the PRC are materially
injuring a U.S. industry, unliquidated
entries of such merchandise from the
PRC entered or withdrawn from
warehouse for consumption, are subject
to the assessment of antidumping
duties. In accordance with section
736(a)(1) of the Act, the Department will
direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instruction by the Department,
antidumping duties equal to the amount
by which the normal value of the
In accordance with section
735(c)(1)(B) of the Act, we will instruct
U.S. Customs and Border Protection
(CBP) to continue to suspend
liquidation on all relevant entries of
HEDP from the PRC. These instructions
suspending liquidation will remain in
effect until further notice.
Pursuant to section 735(c)(1)(B)(ii) of
the Act, the Department will instruct
CBP to require a cash deposit 9 equal to
the weighted-average amount by which
normal value (NV) exceeds U.S. price as
follows: (1) The cash deposit rate for the
exporter/producer combination listed in
the table above will be the rate
identified for that combination in the
table; (2) for all combinations of PRC
exporters/producers of merchandise
under consideration that have not
received their own separate rate above,
the cash deposit rate will be the cash
deposit rate established for the PRCwide entity; and (3) for all non-PRC
exporters of the merchandise under
consideration which have not received
their own separate rate above, the cash
deposit rate will be the cash deposit rate
applicable to the PRC exporter/producer
combination that supplied that non-PRC
exporter.
We normally adjust antidumping duty
cash deposit rates by the amount of
export subsidies, where appropriate. In
the companion countervailing duty
(CVD) investigation, we have found that
the WW Group did not receive export
3 See Letter from WW Group to the Department,
regarding ‘‘1-Hydroxyethylidene-1, 1-Diphosphonic
Acid (‘‘HEDP’’) from the People’s Republic of
China, A–570–045; Request for Correction of
Ministerial Error Pursuant to 19 CFR 351.224(f)’’
(March 23, 2017) (WW Group’s Ministerial
Allegations); see also, Letter from QY to the
Department, regarding ‘‘Request for Correction of
Ministerial Error Pursuant to 19 CFR 351.224(f)’’
(March 24, 2017) (QY’s Ministerial Allegations); see
also Letter from Petitioner to the Department,
regarding ‘‘1-Hydroxyethylidene-1, 1-Diphosphonic
Acid from the People’s Republic of China’’ (March
24, 2017) (Petitioner’s Ministerial Allegation).
4 See Letter to Ronald Lorentzen, Acting Assistant
Secretary of Commerce for Enforcement and
Compliance, from Rhonda K. Schmidtlein,
Chairman of the U.S. International Trade
Commission, regarding HEDP from the PRC, (May
8, 2017) (ITC Letter).
5 See 1-Hydroxyethylidene-1, 1-Diphosphonic
Acid (‘‘HEDP’’) from China; Determinations, 82 FR
22017 (May 11, 2017) (ITC Final).
6 For a detailed discussion of the ministerial error
allegations, see Memorandum to James Maeder,
Senior Director, Antidumping and Countervailing
Duty Operations, through James C. Doyle, Director,
Office V, Enforcement and Compliance, Subject:
Antidumping Duty Investigation of 1Hydroxyethylidene-1, 1-Diphosphonic Acid
People’s Republic of China: Ministerial Error
Memorandum, dated concurrently with this notice
(Amended Final Memorandum).
7 Id.
8 See 1-Hydroxyethylidene-1, 1-Diphosphonic
Acid from the People’s Republic of China:
Affirmative Preliminary Determination of Sales at
Less Than Fair Value, and Postponement of Final
Determination, 81 FR 76916 (November 4, 2016)
(Preliminary Determination) and accompanying
Preliminary Decision Memorandum.
9 See Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
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Suspension of Liquidation
PO 00000
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E:\FR\FM\18MYN1.SGM
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Federal Register / Vol. 82, No. 95 / Thursday, May 18, 2017 / Notices
subsidies.10 Therefore, no offset to the
WW Group’s cash deposit rate for export
subsidies is necessary.11 With respect to
Taihe, because its CVD rate in the
companion investigation included an
amount for export subsidies, an offset of
0.30 percent will be made to its cash
deposit rate.12 With respect to the
separate-rate companies, we find that an
export subsidy adjustment of 0.30
percent to the cash deposit rate is
warranted because this is the export
subsidy rate included in the CVD ‘‘allothers’’ rate to which the separate-rate
companies are subject. For the PRCwide entity, which continues to receive
an adverse facts available (AFA) rate in
this amended final determination, as an
extension of the adverse inference found
necessary pursuant to section 776(b) of
the Act, the Department has not
adjusted the PRC-wide entity’s AD cash
deposit rate by the lowest export
subsidy rate determined for any party in
the companion CVD proceeding,
because the lowest export subsidy rate
determined in the companion CVD
proceeding is 0.00 percent.13 14
Pursuant to section 777A(f) of the Act,
we normally adjust preliminary cash
deposit rates for estimated domestic
subsidy pass-through, where
appropriate. However, in this case there
is no basis to grant a domestic subsidy
pass-through adjustment.15
Provisional Measures
Section 733(d) of the Act states that
instructions issued pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months, except where exporters
representing a significant proportion of
exports of the subject merchandise
request the Department to extend that
four-month period to no more than six
months.
At the request of the exporters that
account for a significant portion of
HEDP from the PRC, we extended the
jstallworth on DSK7TPTVN1PROD with NOTICES
10 See
Countervailing Duty Investigation of 1Hydroxyethylidene-1, 1-Diphosphonic Acid from
the People’s Republic of China: Final Affirmative
Determination, 82 FR 14872 (March 23, 2017).
11 Id.
12 Id.
13 See, e.g., Certain Passenger Vehicle and Light
Truck Tires from the People’s Republic of China:
Preliminary Determination of Sales at Less Than
Fair Value; Preliminary Affirmative Determination
of Critical Circumstances; In Part and
Postponement of Final Determination, 80 FR 4250
(January 27, 2015) and accompanying Issues and
Decision Memorandum at 35.
14 See Countervailing Duty Investigation of 1Hydroxyethylidene-1, 1-Diphosphonic Acid from
the People’s Republic of China: Preliminary
Affirmative Determination and Alignment of Final
Determination with Final Antidumping Duty
Determination, 81 FR 62084 (September 8, 2016).
15 See Preliminary Decision Memorandum at 28–
29.
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Jkt 241001
four-month period to six months in this
case.16 In the underlying investigation,
the Department published the
Preliminary Determination on
November 4, 2016. Therefore, the
extended period beginning on the date
of publication of the Preliminary
Determination, ended May 2, 2017.
Furthermore, section 737(b) of the Act
states that definitive duties are to begin
on the date of publication of the ITC’s
final injury determination, i.e., May 11,
2017.17
Therefore, in accordance with section
733(d) of the Act and our practice, we
will instruct CBP to terminate the
suspension of liquidation and to
liquidate, without regard to
antidumping duties, unliquidated
entries of HEDP from the PRC entered,
or withdrawn from warehouse, for
consumption on or after May 2, 2017,
the date on which the provisional
measures expired, until and through the
day preceding the date of publication of
the ITC’s final injury determinations,
i.e., May 10, 2017, in the Federal
Register. Suspension of liquidation will
resume on May 11, 2017, the date of
publication of the ITC Final.
Notification to Interested Parties
This notice constitutes the
antidumping duty order with respect to
HEDP from the PRC pursuant to section
736(a) of the Act. Interested parties can
find a list of antidumping duty orders
currently in effect at https://
enforcement.trade.gov/stats/
iastats1.html.
This order and amended final
determination are published in
accordance with sections 735(e), 736(a)
and 777(i) of the Act, and 19 CFR
351.211 and 351.224(e).
Dated: May 12, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
The merchandise covered by this
investigation includes all grades of aqueous
acidic (non-neutralized) concentrations of 1hydroxyethylidene-1, 1-diphosphonic acid
(HEDP), also referred to as
hydroxyethylidenendiphosphonic acid,
hydroxyethanediphosphonic acid,
acetodiphosphonic acid, and etidronic acid.
The Chemical Abstract Service (CAS) registry
number for HEDP is 2809–21–4.
The merchandise subject to this
investigation is currently classified in the
Harmonized Tariff Schedule of the United
States (HTSUS) at subheading 2931.90.9043.
It may also enter under HTSUS subheadings
2811.19.6090 and 2931.90.9041. While
16 See
17 See
PO 00000
Preliminary Determination.
ITC Final.
Frm 00008
Fmt 4703
Sfmt 4703
22809
HTSUS subheadings and the CAS registry
number are provided for convenience and
customs purposes only, the written
description of the scope of this investigation
is dispositive.
[FR Doc. 2017–10078 Filed 5–17–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–046]
1-Hydroxyethylidene-1, 1Diphosphonic Acid From the People’s
Republic of China: Countervailing Duty
Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (Department) and the
International Trade Commission (ITC),
the Department is issuing the
countervailing duty order on 1Hydroxyethylidene-1, 1-Diphosphonic
Acid (HEDP) from the People’s Republic
of China (PRC).
DATES: Effective May 18, 2017.
FOR FURTHER INFORMATION CONTACT:
Javier Barrientos at (202) 482–2243, or
Matthew Renkey at (202) 482–2312, AD/
CVD Operations, Office V, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
In accordance with section 705(d) of
the Tariff Act of 1930, as amended (Act),
on March 23, 2017, the Department
published its affirmative final
determination that countervailable
subsidies are being provided to
producers and exporters of HEDP from
the PRC.1 On May 8, 2017, the ITC
notified the Department of its
affirmative determination that an
industry in the United States is
materially injured within the meaning
of section 705(b)(1)(A)(i) of the Act, by
reason of subsidized imports of subject
merchandise from the PRC.2
1 See Countervailing Duty Investigation of 1Hydroxyethylidene-1, 1-Diphosphonic Acid from
the People’s Republic of China: Final Affirmative
Determination 82 FR 14872 (March 23, 2017).
2 See Letter to Ronald Lorentzen, Acting Assistant
Secretary of Commerce for Enforcement and
Compliance, from Rhonda K. Schmidtlein,
Chairman of the U.S. International Trade
Commission, regarding HEDP from the PRC, (May
8, 2017) (ITC Letter).
E:\FR\FM\18MYN1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 95 (Thursday, May 18, 2017)]
[Notices]
[Pages 22807-22809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10078]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-045]
1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's
Republic of China: Amended Final Determination of Sales at Less Than
Fair Value, and Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Department) and the International Trade Commission (ITC), the
Department is issuing an antidumping duty order on 1-Hydroxyethylidene-
1, 1-Diphosphonic Acid (HEDP) from the People's Republic of China
(PRC). We are also amending our Final Determination to correct
ministerial errors with respect to Nanjing University of Chemical
Technology Changzhou Wujin Water Quality Stabilizer Factory and Nantong
Uniphos Chemicals Co., Ltd. (collectively, WW Group).
DATES: Effective May 18, 2017.
FOR FURTHER INFORMATION CONTACT: Omar Qureshi or Kenneth Hawkins, 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) 482-5307 or (202)
482-6491, respectively.
SUPPLEMENTARY INFORMATION:
Period of Investigation
The period of investigation (POI) is July 1, 2015, through December
30, 2015.\1\
---------------------------------------------------------------------------
\1\ See 19 CFR 351.204(b)(1).
---------------------------------------------------------------------------
Background
On March 23, 2017, the Department published in the Federal Register
the Final Determination that HEDP from the PRC is being, or is likely
to be, sold in the United States at LTFV, as provided in section 735 of
the Tariff Act of 1930, as amended (Act).\2\ From March 23, 2017, to
March 24, 2017, WW Group, Henan Qingshuiyuan Technology Co., Ltd.
(Qingshuiyuan), and Compass Chemical International LLC (the petitioner)
respectively submitted ministerial allegations concerning the
[[Page 22808]]
Final Determination.\3\ On May 8, 2017, the ITC notified the Department
of its affirmative determination that an industry in the United States
is materially injured within the meaning of section 705(b)(1)(A)(i) of
the Act, by reason of subsidized imports of subject merchandise from
the PRC.\4\ On May 12, 2017, the ITC published its final determination
in the Federal Register.\5\
---------------------------------------------------------------------------
\2\ See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the
People's Republic of China: Final Determination of Sales at Less
Than Fair Value, 82 FR 14876 (March 23, 2017) (Final Determination).
\3\ See Letter from WW Group to the Department, regarding ``1-
Hydroxyethylidene-1, 1-Diphosphonic Acid (``HEDP'') from the
People's Republic of China, A-570-045; Request for Correction of
Ministerial Error Pursuant to 19 CFR 351.224(f)'' (March 23, 2017)
(WW Group's Ministerial Allegations); see also, Letter from QY to
the Department, regarding ``Request for Correction of Ministerial
Error Pursuant to 19 CFR 351.224(f)'' (March 24, 2017) (QY's
Ministerial Allegations); see also Letter from Petitioner to the
Department, regarding ``1-Hydroxyethylidene-1, 1-Diphosphonic Acid
from the People's Republic of China'' (March 24, 2017) (Petitioner's
Ministerial Allegation).
\4\ See Letter to Ronald Lorentzen, Acting Assistant Secretary
of Commerce for Enforcement and Compliance, from Rhonda K.
Schmidtlein, Chairman of the U.S. International Trade Commission,
regarding HEDP from the PRC, (May 8, 2017) (ITC Letter).
\5\ See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid (``HEDP'')
from China; Determinations, 82 FR 22017 (May 11, 2017) (ITC Final).
---------------------------------------------------------------------------
Scope of the Order
For a complete description of the scope of the order, see Appendix.
Amendment to Final Determination
After considering parties' comments and reviewing the record,
pursuant to section 735(e) of the Act and 19 CFR 351.224(e) and (f),
the Department is amending the Final Determination to reflect the
correction of ministerial errors it made in calculating the final
margin assigned to the WW Group.\6\ In addition, because the rates for
Qingshuiyuan, Jianghai Environmental Protection Co., Ltd., and the PRC-
Wide Entity are based on the margins for WW Group and/or Shandong Taihe
Chemicals Co., Ltd. (Taihe), we are also revising these rates.\7\
---------------------------------------------------------------------------
\6\ For a detailed discussion of the ministerial error
allegations, see Memorandum to James Maeder, Senior Director,
Antidumping and Countervailing Duty Operations, through James C.
Doyle, Director, Office V, Enforcement and Compliance, Subject:
Antidumping Duty Investigation of 1-Hydroxyethylidene-1, 1-
Diphosphonic Acid People's Republic of China: Ministerial Error
Memorandum, dated concurrently with this notice (Amended Final
Memorandum).
\7\ Id.
---------------------------------------------------------------------------
As a result of this amended final determination, we have revised
the estimated weighted-average dumping margins and the export subsidy
adjustments applied to the final weighted-average dumping margins as
follows:
------------------------------------------------------------------------
Weighted-
average Cash
Producer Exporter dumping deposit
margin rate
(percent) (percent)
------------------------------------------------------------------------
Nanjing University of Chemical Nanjing 63.80 63.80
Technology Changzhou Wujin University of
Water Quality Stabilizer Chemical
Factory. Technology
Changzhou Wujin
Water Quality
Stabilizer
Factory and
Nantong Uniphos
Chemicals Co.,
Ltd.
Shandong Taihe Water Treatment Shandong Taihe 167.58 167.28
Technologies Co., Ltd. Chemicals Co.,
Ltd.
Henan Qingshuiyuan Technology Henan 90.64 90.34
Co., Ltd. Qingshuiyuan
Technology Co.,
Ltd.
Jianghai Environmental Jianghai 90.64 90.34
Protection Co., Ltd. Environmental
Protection Co.,
Ltd.
------------------------------------------------------------------------
PRC-Wide Entity 167.58 167.58
------------------------------------------------------------------------
Antidumping Duty Order
In accordance with section 735(d) of the Act, the ITC has notified
the Department of its final determination in this investigation, in
which it found that an industry in the United States is materially
injured within the meaning of section 735(b)(1)(A)(i) of the Act.
Therefore, in accordance with section 735(c)(2) of the Act, we are
publishing this antidumping duty order. Because the ITC determined that
imports of HEDP from the PRC are materially injuring a U.S. industry,
unliquidated entries of such merchandise from the PRC entered or
withdrawn from warehouse for consumption, are subject to the assessment
of antidumping duties. In accordance with section 736(a)(1) of the Act,
the Department will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by the Department, antidumping duties
equal to the amount by which the normal value of the merchandise
exceeds the export price (or constructed export price) of the
merchandise, for all relevant entries of HEDP from the PRC. Antidumping
duties will be assessed on unliquidated entries of HEDP from the PRC
entered, or withdrawn from warehouse, for consumption on or after
November 4, 2016, the date of publication of the Preliminary
Determination.\8\
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\8\ See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the
People's Republic of China: Affirmative Preliminary Determination of
Sales at Less Than Fair Value, and Postponement of Final
Determination, 81 FR 76916 (November 4, 2016) (Preliminary
Determination) and accompanying Preliminary Decision Memorandum.
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Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation on all relevant entries of HEDP from the PRC. These
instructions suspending liquidation will remain in effect until further
notice.
Pursuant to section 735(c)(1)(B)(ii) of the Act, the Department
will instruct CBP to require a cash deposit \9\ equal to the weighted-
average amount by which normal value (NV) exceeds U.S. price as
follows: (1) The cash deposit rate for the exporter/producer
combination listed in the table above will be the rate identified for
that combination in the table; (2) for all combinations of PRC
exporters/producers of merchandise under consideration that have not
received their own separate rate above, the cash deposit rate will be
the cash deposit rate established for the PRC-wide entity; and (3) for
all non-PRC exporters of the merchandise under consideration which have
not received their own separate rate above, the cash deposit rate will
be the cash deposit rate applicable to the PRC exporter/producer
combination that supplied that non-PRC exporter.
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\9\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
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We normally adjust antidumping duty cash deposit rates by the
amount of export subsidies, where appropriate. In the companion
countervailing duty (CVD) investigation, we have found that the WW
Group did not receive export
[[Page 22809]]
subsidies.\10\ Therefore, no offset to the WW Group's cash deposit rate
for export subsidies is necessary.\11\ With respect to Taihe, because
its CVD rate in the companion investigation included an amount for
export subsidies, an offset of 0.30 percent will be made to its cash
deposit rate.\12\ With respect to the separate-rate companies, we find
that an export subsidy adjustment of 0.30 percent to the cash deposit
rate is warranted because this is the export subsidy rate included in
the CVD ``all-others'' rate to which the separate-rate companies are
subject. For the PRC-wide entity, which continues to receive an adverse
facts available (AFA) rate in this amended final determination, as an
extension of the adverse inference found necessary pursuant to section
776(b) of the Act, the Department has not adjusted the PRC-wide
entity's AD cash deposit rate by the lowest export subsidy rate
determined for any party in the companion CVD proceeding, because the
lowest export subsidy rate determined in the companion CVD proceeding
is 0.00 percent.13 14
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\10\ See Countervailing Duty Investigation of 1-
Hydroxyethylidene-1, 1-Diphosphonic Acid from the People's Republic
of China: Final Affirmative Determination, 82 FR 14872 (March 23,
2017).
\11\ Id.
\12\ Id.
\13\ See, e.g., Certain Passenger Vehicle and Light Truck Tires
from the People's Republic of China: Preliminary Determination of
Sales at Less Than Fair Value; Preliminary Affirmative Determination
of Critical Circumstances; In Part and Postponement of Final
Determination, 80 FR 4250 (January 27, 2015) and accompanying Issues
and Decision Memorandum at 35.
\14\ See Countervailing Duty Investigation of 1-
Hydroxyethylidene-1, 1-Diphosphonic Acid from the People's Republic
of China: Preliminary Affirmative Determination and Alignment of
Final Determination with Final Antidumping Duty Determination, 81 FR
62084 (September 8, 2016).
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Pursuant to section 777A(f) of the Act, we normally adjust
preliminary cash deposit rates for estimated domestic subsidy pass-
through, where appropriate. However, in this case there is no basis to
grant a domestic subsidy pass-through adjustment.\15\
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\15\ See Preliminary Decision Memorandum at 28-29.
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Provisional Measures
Section 733(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
the Department to extend that four-month period to no more than six
months.
At the request of the exporters that account for a significant
portion of HEDP from the PRC, we extended the four-month period to six
months in this case.\16\ In the underlying investigation, the
Department published the Preliminary Determination on November 4, 2016.
Therefore, the extended period beginning on the date of publication of
the Preliminary Determination, ended May 2, 2017. Furthermore, section
737(b) of the Act states that definitive duties are to begin on the
date of publication of the ITC's final injury determination, i.e., May
11, 2017.\17\
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\16\ See Preliminary Determination.
\17\ See ITC Final.
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Therefore, in accordance with section 733(d) of the Act and our
practice, we will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of HEDP from the PRC entered, or withdrawn from
warehouse, for consumption on or after May 2, 2017, the date on which
the provisional measures expired, until and through the day preceding
the date of publication of the ITC's final injury determinations, i.e.,
May 10, 2017, in the Federal Register. Suspension of liquidation will
resume on May 11, 2017, the date of publication of the ITC Final.
Notification to Interested Parties
This notice constitutes the antidumping duty order with respect to
HEDP from the PRC pursuant to section 736(a) of the Act. Interested
parties can find a list of antidumping duty orders currently in effect
at https://enforcement.trade.gov/stats/iastats1.html.
This order and amended final determination are published in
accordance with sections 735(e), 736(a) and 777(i) of the Act, and 19
CFR 351.211 and 351.224(e).
Dated: May 12, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
The merchandise covered by this investigation includes all
grades of aqueous acidic (non-neutralized) concentrations of 1-
hydroxyethylidene-1, 1-diphosphonic acid (HEDP), also referred to as
hydroxyethylidenendiphosphonic acid, hydroxyethanediphosphonic acid,
acetodiphosphonic acid, and etidronic acid. The Chemical Abstract
Service (CAS) registry number for HEDP is 2809-21-4.
The merchandise subject to this investigation is currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) at subheading 2931.90.9043. It may also enter under HTSUS
subheadings 2811.19.6090 and 2931.90.9041. While HTSUS subheadings
and the CAS registry number are provided for convenience and customs
purposes only, the written description of the scope of this
investigation is dispositive.
[FR Doc. 2017-10078 Filed 5-17-17; 8:45 am]
BILLING CODE 3510-DS-P
