1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's Republic of China: Countervailing Duty Order, 22809-22810 [2017-10079]
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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.
VerDate Sep<11>2014
13:43 May 17, 2017
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
18MYN1
22810
Federal Register / Vol. 82, No. 95 / Thursday, May 18, 2017 / Notices
Scope of the Order
The scope of this order covers HEDP
from the PRC. For a complete
description of the scope, see Appendix.
Countervailing Duty Order
On May 8, 2017, in accordance with
sections 705(b)(1)(A)(i) and 705(d) of the
Act, the ITC notified the Department of
its final determination in this
investigation, in which it found that an
industry in the United States is
materially injured by reason of imports
of HEDP from the PRC.3 Therefore, in
accordance with section 705(c)(2) of the
Act, the Department is issuing this
countervailing 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 countervailing duties.
Therefore, in accordance with section
706(a) of the Act, the Department will
direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instruction by the Department,
countervailing duties for all relevant
entries of HEDP from the PRC.
Countervailing duties will be assessed
on unliquidated entries of HEDP from
the PRC entered, or withdrawn from
warehouse, for consumption on or after
September 8, 2016, the date of
publication of the Preliminary
Determination,4 but will not include
entries occurring after the expiration of
the provisional measures period and
before publication of the ITC’s final
injury determination as further
described below.
Suspension of Liquidation
In accordance with section 706 of the
Act, the Department will instruct CBP to
reinstitute the suspension of liquidation
of HEDP from the PRC. We will also
instruct CBP to require, pursuant to
section 706(a)(1) of the Act,
countervailing duties for each entry of
the subject merchandise in an amount
based on the net countervailable
subsidy rates for the subject
merchandise.5 These instructions
suspending liquidation will remain in
effect until further notice. The all-others
rate applies to all producers and
exporters of subject merchandise.
Subsidy rate
(percent ad valorem)
Company
jstallworth on DSK7TPTVN1PROD with NOTICES
Nanjing University of Chemical Technology Changzhou Wujin Water Quality Stabilizer Factory (Wujin Water) ..................
Shandong Taihe Chemicals Co., Ltd. and Shandong Taihe Water Treatment Technologies Co., Ltd. (Taihe Companies)
All-Others .................................................................................................................................................................................
Changzhou Kewei Fine Chemicals Co., Ltd ...........................................................................................................................
Hebei Longke Water Treatment Co., Ltd ................................................................................................................................
Shandong Huayou Chemistry Co., Ltd ....................................................................................................................................
Shandong Xintai Water Treatment Technology ......................................................................................................................
Zaozhuang Fuxing Water Treatment Technology ...................................................................................................................
Zaozhuang YouBang Chemicals Co., Ltd ...............................................................................................................................
Zouping Dongfang Chemical Industry Co., Ltd .......................................................................................................................
Provisional Measures
Section 703(d) of the Act states that
instructions issued pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months. In the underlying
investigation, the Department published
the Preliminary Determination on
September 8, 2016. As such, the fourmonth period beginning on the date of
the publication of the Preliminary
Determination ended on January 6,
2017. Furthermore, section 707(b) of the
Act states that definitive duties are to
begin on the date of publication of the
ITC’s final injury determination.
Therefore, in accordance with section
703(d) of the Act and our practice, we
instructed CBP to terminate the
suspension of liquidation and to
liquidate, without regard to
countervailing duties, unliquidated
entries of HEDP from the PRC entered,
or withdrawn from warehouse, for
consumption, on or after January 6,
2017, the date the provisional measures
expired, until and through the day
preceding the date of publication of the
3 See
ITC Letter.
Countervailing Duty Investigation of 1Hydroxyethylidene-1, 1-Diphosphonic Acid from
the People’s Republic of China: Preliminary
Affirmative Determination and Alignment of Final
4 See
VerDate Sep<11>2014
13:43 May 17, 2017
Jkt 241001
ITC’s final injury determination in the
Federal Register. Suspension of
liquidation will resume on the date of
publication of the ITC’s final
determination in the Federal Register.
Notifications to Interested Parties
This notice constitutes the
countervailing duty order with respect
to HEDP from the PRC pursuant to
section 706(a) of the Act. Interested
parties can find a list of countervailing
duty orders currently in effect at https://
enforcement.trade.gov/stats/
iastats1.html.
This order is issued and published in
accordance with section 706(a) of the
Act and 19 CFR 351.211(b).
0.75 (de minimis).
2.40.
2.40.
54.11.
54.11.
54.11.
54.11.
54.11.
54.11.
54.11.
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
281.19.6090 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. 2017–10079 Filed 5–17–17; 8:45 am]
BILLING CODE 3510–DS–P
Dated: May 9, 2017.
Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
Appendix
The merchandise covered by this
investigation includes all grades of aqueous
acidic (non-neutralized) concentrations of
Determination with Final Antidumping Duty
Determination, 81 FR 62084 (September 8, 2016).
5 With the exception of Wujin Water, the net
subsidy rate of which is de minimis, and hence, is
excluded from this order. This exclusion will apply
PO 00000
Frm 00009
Fmt 4703
Sfmt 9990
only to subject merchandise both produced and
exported by Wujin Water.
E:\FR\FM\18MYN1.SGM
18MYN1
]]>Agencies
[Federal Register Volume 82, Number 95 (Thursday, May 18, 2017)]
[Notices]
[Pages 22809-22810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10079]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-046]
1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's
Republic of China: Countervailing 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 the countervailing duty order on 1-
Hydroxyethylidene-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:
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 1-
Hydroxyethylidene-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).
---------------------------------------------------------------------------
[[Page 22810]]
Scope of the Order
The scope of this order covers HEDP from the PRC. For a complete
description of the scope, see Appendix.
Countervailing Duty Order
On May 8, 2017, in accordance with sections 705(b)(1)(A)(i) and
705(d) of the Act, the ITC notified the Department of its final
determination in this investigation, in which it found that an industry
in the United States is materially injured by reason of imports of HEDP
from the PRC.\3\ Therefore, in accordance with section 705(c)(2) of the
Act, the Department is issuing this countervailing 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 countervailing duties.
---------------------------------------------------------------------------
\3\ See ITC Letter.
---------------------------------------------------------------------------
Therefore, in accordance with section 706(a) of the Act, the
Department will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by the Department, countervailing
duties for all relevant entries of HEDP from the PRC. Countervailing
duties will be assessed on unliquidated entries of HEDP from the PRC
entered, or withdrawn from warehouse, for consumption on or after
September 8, 2016, the date of publication of the Preliminary
Determination,\4\ but will not include entries occurring after the
expiration of the provisional measures period and before publication of
the ITC's final injury determination as further described below.
---------------------------------------------------------------------------
\4\ 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).
---------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 706 of the Act, the Department will
instruct CBP to reinstitute the suspension of liquidation of HEDP from
the PRC. We will also instruct CBP to require, pursuant to section
706(a)(1) of the Act, countervailing duties for each entry of the
subject merchandise in an amount based on the net countervailable
subsidy rates for the subject merchandise.\5\ These instructions
suspending liquidation will remain in effect until further notice. The
all-others rate applies to all producers and exporters of subject
merchandise.
---------------------------------------------------------------------------
\5\ With the exception of Wujin Water, the net subsidy rate of
which is de minimis, and hence, is excluded from this order. This
exclusion will apply only to subject merchandise both produced and
exported by Wujin Water.
------------------------------------------------------------------------
Company Subsidy rate (percent ad valorem)
------------------------------------------------------------------------
Nanjing University of Chemical 0.75 (de minimis).
Technology Changzhou Wujin Water
Quality Stabilizer Factory (Wujin
Water).
Shandong Taihe Chemicals Co., Ltd. 2.40.
and Shandong Taihe Water Treatment
Technologies Co., Ltd. (Taihe
Companies).
All-Others........................... 2.40.
Changzhou Kewei Fine Chemicals Co., 54.11.
Ltd.
Hebei Longke Water Treatment Co., Ltd 54.11.
Shandong Huayou Chemistry Co., Ltd... 54.11.
Shandong Xintai Water Treatment 54.11.
Technology.
Zaozhuang Fuxing Water Treatment 54.11.
Technology.
Zaozhuang YouBang Chemicals Co., Ltd. 54.11.
Zouping Dongfang Chemical Industry 54.11.
Co., Ltd.
------------------------------------------------------------------------
Provisional Measures
Section 703(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months. In the underlying investigation, the
Department published the Preliminary Determination on September 8,
2016. As such, the four-month period beginning on the date of the
publication of the Preliminary Determination ended on January 6, 2017.
Furthermore, section 707(b) of the Act states that definitive duties
are to begin on the date of publication of the ITC's final injury
determination.
Therefore, in accordance with section 703(d) of the Act and our
practice, we instructed CBP to terminate the suspension of liquidation
and to liquidate, without regard to countervailing duties, unliquidated
entries of HEDP from the PRC entered, or withdrawn from warehouse, for
consumption, on or after January 6, 2017, the date the provisional
measures expired, until and through the day preceding the date of
publication of the ITC's final injury determination in the Federal
Register. Suspension of liquidation will resume on the date of
publication of the ITC's final determination in the Federal Register.
Notifications to Interested Parties
This notice constitutes the countervailing duty order with respect
to HEDP from the PRC pursuant to section 706(a) of the Act. Interested
parties can find a list of countervailing duty orders currently in
effect at https://enforcement.trade.gov/stats/iastats1.html.
This order is issued and published in accordance with section
706(a) of the Act and 19 CFR 351.211(b).
Dated: May 9, 2017.
Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
Appendix
The merchandise covered by this investigation includes all
grades of aqueous acidic (non-neutralized) concentrations of 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 281.19.6090 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. 2017-10079 Filed 5-17-17; 8:45 am]
BILLING CODE 3510-DS-P
