1-Hydroxyethylidene-1, 1-Diphosphonic Acid from India: Notice of Final Determination of Sales at Less Than Fair Value, 10543-10545 [E9-5231]
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Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Notices
audit findings have not been resolved or
if directed by the United States. The
Grantor and the Comptroller General of
the United States, or any of their duly
authorized representatives, shall have
access to any books, documents, papers,
and records of the Grantee which are
pertinent to the grant for the purpose of
making audits, examinations, excerpts,
and transcripts.
E. Procurement
Grantee will comply with the
applicable procurement requirements of
7 CFR part 3015 regarding standards of
conduct, open and free competition,
access to contractor records, and equal
employment opportunity requirements.
rwilkins on PROD1PC63 with NOTICES
F. Reporting
1. Grantee will after grant approval
through project completion:
(i) Provide periodic reports as
required by the Grantor. A financial
status report and a project performance
report will be required on a semiannual
basis (due 30 working days after end of
the semiannual period). For the
purposes of this grant, semiannual
periods end on June 30 and December
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funds have been used to date and
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performance reports shall include the
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accomplishments to the objectives
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development assistance);
(2) Problems, delays, or adverse
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attainment of particular project work
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accompanied by a statement of the
action taken or planned to resolve the
situation;
(3) Percent of financial resources
expended on contractors; and
(4) Objectives and timetable
established for the next reporting
period.
VerDate Nov<24>2008
17:01 Mar 10, 2009
Jkt 217001
(B) Final performance report. A final
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performance report must provide the
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grant; and the percent of financial
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(2) For renewable energy development
assistance projects, the final
performance report must provide the
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performance report; complete
information regarding a list of recipients
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Classification System code; the location
of the recipient; the expected renewable
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funds are received, the Grantee will
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and performance information obtained
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projects that are proceeding with one or
all of the Grantee’s recommendations,
including the amount of energy saved
and the amount of renewable energy
generated, as applicable.
G. Grant Disbursement
Unless required by funding partners
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Ordinarily, payment will be made
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2. Grantee shall not request
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amounts withheld from contractors to
ensure satisfactory completion of work
until after it makes those payments.
PO 00000
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Fmt 4703
Sfmt 4703
10543
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GRANTOR:
[ [SEAL] llllllllllllll
Name:
llllllllllllllllll
l
Date
Title:
UNITED STATES OF AMERICA
DEPARTMENT OF AGRICULTURE
RURAL DEVELOPMENT
GRANTEE:
[ [SEAL] llllllllllllll
Name:
llllllllllllllllll
l
Date
Title:
[FR Doc. E9–5154 Filed 3–10–09; 8:45 am]
BILLING CODE 3410–XY–P
DEPARTMENT OF COMMERCE
International Trade Administration
A–533–847
1–Hydroxyethylidene–1, 1–
Diphosphonic Acid from India: Notice
of Final Determination of Sales at Less
Than Fair Value
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (the Department) has
determined that 1–hydroxyethylidene–
1, 1–diphosphonic acid (HEDP) from
India is being, or is likely to be, sold in
the United States at less–than-fair–value
(LTFV), as provided in section 735 of
the Tariff Act of 1930, as amended (the
Act). The estimated margins of sales at
LTFV are listed in the ‘‘Continuation of
Suspension of Liquidation’’ section of
this notice.
E:\FR\FM\11MRN1.SGM
11MRN1
10544
Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Notices
EFFECTIVE DATE:
March 11, 2009.
FOR FURTHER INFORMATION CONTACT:
Brian Smith and Gemal Brangman, AD/
CVD Operations, Office 2, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone (202) 482–1766 and (202)
482–3773, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 21, 2008, the Department
published in the Federal Register its
preliminary determination in the
antidumping duty investigation of
HEDP from India. See 1–
Hydroxyethylidene–1, 1–Diphosphonic
Acid from the Republic of India and the
People’s Republic of China: Notice of
Preliminary Determination of Sales at
Less Than Fair Value and Postponement
of Final Determination, 73 FR 62465
(October 21, 2008) (Preliminary
Determination).
We conducted verification of the
questionnaire responses submitted by
Aquapharm Chemicals Private Limited
(Aquapharm) in November 2008. See
Memorandum to The File from Case
Analysts entitled ‘‘Verification of the
Questionnaire Responses of Aquapharm
Chemicals Pvt. Ltd. (Aquapharm) in the
Antidumping Duty Investigation of 1–
Hydroxyethylidene–1, 1–Diphosphonic
Acid (HEDP) from India,’’ dated January
13, 2009 (Verification Report). The
verification report is on file and
available in the Central Records Unit
(CRU), Room 1117 of the Department’s
main building.
On January 26, 2009, Aquapharm and
the petitioner submitted case briefs. On
February 2, 2009, Aquapharm and the
petitioner submitted rebuttal briefs. As
neither party requested a hearing, a
hearing was not held in this case.
rwilkins on PROD1PC63 with NOTICES
Period of Investigation
The period of investigation (POI) is
January 1, 2007, to December 31, 2007.
This period corresponds to the four
most recent fiscal quarters prior to the
month of the filing of the petition.
Scope of Investigation
The merchandise covered by this
investigation includes all grades of
aqueous, acidic (non–neutralized)
concentrations of 1–hydroxyethylidene–
1, 1–diphosphonic acid1, also referred
to as hydroxethlylidenediphosphonic
acid, hydroxyethanediphosphonic acid,
acetodiphosphonic acid, and etidronic
acid. The CAS (Chemical Abstract
Service) registry number for HEDP is
1C
2H8O7P2
or C(CH3)(OH)(PO3H2)2
VerDate Nov<24>2008
17:01 Mar 10, 2009
Jkt 217001
2809–21–4. The merchandise subject to
this investigation is currently classified
in the Harmonized Tariff Schedule of
the United States (HTSUS) at
subheading 2931.00.9043. It may also
enter under HTSUS subheading
2811.19.6090. While HTSUS
subheadings are provided for
convenience and customs purposes
only, the written description of the
scope of this investigation is dispositive.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
antidumping investigation are
addressed in the ‘‘Issues and Decision
Memorandum for the Final
Determination in the Less–Than-Fair–
Value Investigation of 1–
Hydroxyethylidene–1, 1–Diphosphonic
Acid from India’’ from John Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration (Decision
Memorandum), dated March 5, 2009,
which is hereby adopted by this notice.
A list of the issues which parties have
raised and to which we have responded,
all of which are in the Decision
Memorandum, is attached to this notice
as an appendix. Parties can find a
complete discussion of all issues raised
in this investigation and the
corresponding recommendations in the
Decision Memorandum, which is on file
in the CRU. In addition, a complete
version of the Decision Memorandum
can be accessed directly on the Web at
https://ia.ita.doc.gov/frn/. The paper
copy and electronic version of the
Decision Memorandum are identical in
content.
Verification
As provided in section 782(i) of the
Act, we verified the information
submitted by Aquapharm for use in our
final determination. We used standard
verification procedures including an
examination of relevant accounting and
production records, and original source
documents provided by Aquapharm.
See Verification Report.
Final Determination Margins
Manufacturer/Exporter
Weighted–Average
Margin (percent)
Aquapharm Chemicals
Private Limited ..........
All Others ......................
3.10
3.10
We determine that the following
weighted–average dumping margins
exist for the period January 1, 2007, to
December 31, 2007:
PO 00000
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Fmt 4703
Sfmt 4703
Disclosure
We will disclose the calculations
performed within five days of the date
of publication of this notice to parties in
this proceeding in accordance with 19
CFR 351.224(b).
Continuation of Suspension of
Liquidation
Pursuant to section 735(c)(1)(B) of the
Act, we will instruct U.S. Customs and
Border Protection (CBP) to continue to
suspend liquidation of all entries of
HEDP from India, entered, or withdrawn
from warehouse, for consumption on or
after October 21, 2008, the date of
publication of the Preliminary
Determination. We will instruct CBP to
require a cash deposit or the posting of
a bond equal to the weighted–average
dumping margins, as indicated above
and as follows: (1) the rate for
Aquapharm will be 3.10 percent; (2) if
the exporter is not a firm identified in
this investigation, but the producer is,
the rate will be the rate established for
the producer of the subject
merchandise; (3) the rate for all other
producers or exporters will be 3.10
percent. These suspension of
liquidation instructions will remain in
effect until further notice.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we have notified the
International Trade Commission (ITC) of
our final determination. As our final
determination is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will determine, within 45
days, whether the domestic industry in
the United States is materially injured,
or threatened with material injury, by
reason of imports or sales (or the
likelihood of sales) for importation of
the subject merchandise. If the ITC
determines that material injury or threat
of material injury does not exist, the
proceeding will be terminated and all
securities posted will be refunded or
canceled. See section 735(c)(2) of the
Act. If the ITC determines that such
injury does exist, the Department will
issue an antidumping duty order
directing CBP to assess antidumping
duties on all imports of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the effective date of the suspension
of liquidation.
Notification Regarding APO
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
E:\FR\FM\11MRN1.SGM
11MRN1
Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Notices
disclosed under APO in accordance
with 19 CFR 351.305. Timely
notification of return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
This determination is issued and
published pursuant to sections 735(d)
and 777(i)(1) of the Act.
Dated: March 5, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Appendix Issues in Decision
Memorandum
1. U.S. Date of Sale
2. U.S. Sales Type Designation
3. Level of Trade
4. U.S. Credit Expenses and Inventory
Carrying Costs
5. Verification Corrections
[FR Doc. E9–5231 Filed 3–10–09; 8:45 am]
BILLING CODE: 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–934]
rwilkins on PROD1PC63 with NOTICES
1–Hydroxyethylidene–1, 1–
Diphosphonic Acid from the People’s
Republic of China: Final Determination
of Sales at Less Than Fair Value
AGENCY: Import Administration,
International Trade Administration,
U.S. Department of Commerce.
EFFECTIVE DATE: March 11, 2009.
SUMMARY: The Department of Commerce
(the ‘‘Department’’) has determined that
1–hydroxyethylidene–1, 1–
diphosphonic acid (‘‘HEDP’’) from the
People’s Republic of China (‘‘PRC’’) is
being, or is likely to be, sold in the
United States at less than fair value
(‘‘LTFV’’), as provided in section 733 of
the Tariff Act of 1930, as amended (‘‘the
Act’’). The final dumping margins for
this investigation are listed in the ‘‘Final
Determination Margins’’ section of this
notice.
FOR FURTHER INFORMATION CONTACT:
Maisha Cryor or Shawn Higgins, AD/
CVD Operations, Office 4, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–5831 and (202)
482–0679, respectively.
SUPPLEMENTARY INFORMATION:
VerDate Nov<24>2008
17:01 Mar 10, 2009
Jkt 217001
10545
Case History
Verification
On October 21, 2008, the Department
published its preliminary determination
that HEDP from the PRC is being, or is
likely to be, sold in the United States at
LTFV, as provided in the Act. See 1–
Hydroxyethylidene–1, 1–Diphosphonic
Acid From the People’s Republic of
China: Preliminary Determination of
Sales at Less Than Fair Value and
Postponement of Final Determination,
73 FR 62470 (October 21, 2008)
(‘‘Preliminary Determination’’). For the
Preliminary Determination, the
Department calculated a 24.30 percent
dumping margin for Nanjing University
of Chemical Technology Changzhou
Wujin Water Quality Stabilizer Factory
Ltd. (‘‘Wujin Water’’). The Department
assigned a 72.42 percent dumping
margin to the PRC–wide entity
including Changzhou Kewei Fine
Chemical Factory (‘‘Kewei’’) and a 24.30
percent dumping margin to separate rate
applicants Changzhou Wujin Fine
Chemical Factory Co., Ltd. (‘‘Wujin Fine
Chemical’’) and Jiangsu Jianghai
Chemical Group Co., Ltd. (‘‘Jiangsu
Jianghai’’). On December 3, 2008, Wujin
Water provided the Department with its
final submission of surrogate values. In
December 2008, Compass Chemical
International LLC (‘‘Petitioner’’), Wujin
Water, Wujin Fine Chemical, and
Jiangsu Jianghai submitted case briefs
and rebuttal briefs.1 On January 14,
2009, the Department held a public
hearing.
As provided in section 782(i) of the
Act, we verified the information
submitted by Wujin Water for use in our
final determination. We used standard
verification procedures including
examination of relevant accounting and
production records, and original source
documents provided by the respondent.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by the parties to this
investigation are addressed in the
‘‘Issues and Decision Memorandum for
the Final Determination in the Less–
Than-Fair–Value Investigation of 1–
Hydroxyethylidene–1, 1–Diphosphonic
Acid from the People’s Republic of
China’’ (‘‘Issues and Decision
Memorandum’’), dated concurrently
with this notice, which is hereby
adopted by this notice in its entirety. A
list of the issues which parties raised
and to which we respond in the Issues
and Decision Memorandum is attached
to this notice as an Appendix. The
Issues and Decision Memorandum is a
public document and is on file in the
Central Records Unit (‘‘CRU’’), Main
Commerce Building, Room 1117, and is
accessible on the internet at https://
www.trade.gov/ia. The paper copy and
electronic version of the memorandum
are identical in content.
1 Wujin Water, Wujin Fine Chemical, and Jiangsu
Jianghai submitted case briefs and rebuttal briefs
jointly.
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
Changes Since the Preliminary
Determination
Based on our analysis of comments
received, we have made certain
adjustments to the margin calculations
used in the Preliminary Determination.
These adjustments are discussed in
detail in the Issues and Decision
Memorandum and are listed below:
1. We recalculated the financial ratios
using the April 2005 through March
2006 financial statement of Rencal
Chemicals (India) Limited (‘‘Rencal
Chemicals’’).
2. We recalculated the surrogate value
for phosphorus trichloride using the
April 2004 through March 2005 and
April 2005 through March 2006
financial statements of Rencal
Chemicals.
3. We recalculated the surrogate value
for steam using the April 2007 through
March 2008 financial statement of
Hindalco Industries Ltd.
4. We revised the transportation
distance of chemical drums.
Period of Investigation
The period of investigation (‘‘POI’’) is
July 1, 2007, through December 31,
2007. This period corresponds to the
two most recent fiscal quarters prior to
the month of the filing of the petition,
i.e., March 2008. See 19 CFR
351.204(b)(1).
Scope of the Investigation
The merchandise covered by this
investigation includes all grades of
aqueous, acidic (non–neutralized)
concentrations of 1–hydroxyethylidene–
1, 1–diphosphonic acid2, also referred
to as hydroxethlylidenediphosphonic
acid, hydroxyethanediphosphonic acid,
acetodiphosphonic acid, and etidronic
acid. The CAS (Chemical Abstract
Service) 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 2931.00.9043. It may also
enter under HTSUS subheading
2811.19.6090. While HTSUS
subheadings are provided for
convenience and customs purposes
2C
2H8O7P2
E:\FR\FM\11MRN1.SGM
or C(CH3)(OH)(PO3H2)2.
11MRN1
]]>Agencies
[Federal Register Volume 74, Number 46 (Wednesday, March 11, 2009)]
[Notices]
[Pages 10543-10545]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5231]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-533-847
1-Hydroxyethylidene-1, 1-Diphosphonic Acid from India: Notice of
Final Determination of Sales at Less Than Fair Value
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (the Department) has
determined that 1-hydroxyethylidene-1, 1-diphosphonic acid (HEDP) from
India is being, or is likely to be, sold in the United States at less-
than-fair-value (LTFV), as provided in section 735 of the Tariff Act of
1930, as amended (the Act). The estimated margins of sales at LTFV are
listed in the ``Continuation of Suspension of Liquidation'' section of
this notice.
[[Page 10544]]
EFFECTIVE DATE: March 11, 2009.
FOR FURTHER INFORMATION CONTACT: Brian Smith and Gemal Brangman, AD/CVD
Operations, Office 2, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-1766
and (202) 482-3773, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 21, 2008, the Department published in the Federal
Register its preliminary determination in the antidumping duty
investigation of HEDP from India. See 1-Hydroxyethylidene-1, 1-
Diphosphonic Acid from the Republic of India and the People's Republic
of China: Notice of Preliminary Determination of Sales at Less Than
Fair Value and Postponement of Final Determination, 73 FR 62465
(October 21, 2008) (Preliminary Determination).
We conducted verification of the questionnaire responses submitted
by Aquapharm Chemicals Private Limited (Aquapharm) in November 2008.
See Memorandum to The File from Case Analysts entitled ``Verification
of the Questionnaire Responses of Aquapharm Chemicals Pvt. Ltd.
(Aquapharm) in the Antidumping Duty Investigation of 1-
Hydroxyethylidene-1, 1-Diphosphonic Acid (HEDP) from India,'' dated
January 13, 2009 (Verification Report). The verification report is on
file and available in the Central Records Unit (CRU), Room 1117 of the
Department's main building.
On January 26, 2009, Aquapharm and the petitioner submitted case
briefs. On February 2, 2009, Aquapharm and the petitioner submitted
rebuttal briefs. As neither party requested a hearing, a hearing was
not held in this case.
Period of Investigation
The period of investigation (POI) is January 1, 2007, to December
31, 2007. This period corresponds to the four most recent fiscal
quarters prior to the month of the filing of the petition.
Scope of Investigation
The merchandise covered by this investigation includes all grades
of aqueous, acidic (non-neutralized) concentrations of 1-
hydroxyethylidene-1, 1-diphosphonic acid\1\, also referred to as
hydroxethlylidenediphosphonic acid, hydroxyethanediphosphonic acid,
acetodiphosphonic acid, and etidronic acid. The CAS (Chemical Abstract
Service) 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 2931.00.9043. It
may also enter under HTSUS subheading 2811.19.6090. While HTSUS
subheadings are provided for convenience and customs purposes only, the
written description of the scope of this investigation is dispositive.
---------------------------------------------------------------------------
\1\ C[bdi2]H[bdi8]O[bdi7]P[bdi2] or
C(CH[bdi3])(OH)(PO[bdi3]H[bdi2])[bdi2]
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this antidumping investigation are addressed in the ``Issues and
Decision Memorandum for the Final Determination in the Less-Than-Fair-
Value Investigation of 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from
India'' from John Andersen, Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration (Decision
Memorandum), dated March 5, 2009, which is hereby adopted by this
notice. A list of the issues which parties have raised and to which we
have responded, all of which are in the Decision Memorandum, is
attached to this notice as an appendix. Parties can find a complete
discussion of all issues raised in this investigation and the
corresponding recommendations in the Decision Memorandum, which is on
file in the CRU. In addition, a complete version of the Decision
Memorandum can be accessed directly on the Web at https://
ia.ita.doc.gov/frn/. The paper copy and electronic version of the
Decision Memorandum are identical in content.
Verification
As provided in section 782(i) of the Act, we verified the
information submitted by Aquapharm for use in our final determination.
We used standard verification procedures including an examination of
relevant accounting and production records, and original source
documents provided by Aquapharm. See Verification Report.
Final Determination Margins
------------------------------------------------------------------------
Weighted-Average
Manufacturer/Exporter Margin (percent)
------------------------------------------------------------------------
Aquapharm Chemicals Private Limited................. 3.10
All Others.......................................... 3.10
------------------------------------------------------------------------
We determine that the following weighted-average dumping margins
exist for the period January 1, 2007, to December 31, 2007:
Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
Pursuant to section 735(c)(1)(B) of the Act, we will instruct U.S.
Customs and Border Protection (CBP) to continue to suspend liquidation
of all entries of HEDP from India, entered, or withdrawn from
warehouse, for consumption on or after October 21, 2008, the date of
publication of the Preliminary Determination. We will instruct CBP to
require a cash deposit or the posting of a bond equal to the weighted-
average dumping margins, as indicated above and as follows: (1) the
rate for Aquapharm will be 3.10 percent; (2) if the exporter is not a
firm identified in this investigation, but the producer is, the rate
will be the rate established for the producer of the subject
merchandise; (3) the rate for all other producers or exporters will be
3.10 percent. These suspension of liquidation instructions will remain
in effect until further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we have notified the
International Trade Commission (ITC) of our final determination. As our
final determination is affirmative, in accordance with section
735(b)(2) of the Act, the ITC will determine, within 45 days, whether
the domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports or sales (or the
likelihood of sales) for importation of the subject merchandise. If the
ITC determines that material injury or threat of material injury does
not exist, the proceeding will be terminated and all securities posted
will be refunded or canceled. See section 735(c)(2) of the Act. If the
ITC determines that such injury does exist, the Department will issue
an antidumping duty order directing CBP to assess antidumping duties on
all imports of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the effective date of the
suspension of liquidation.
Notification Regarding APO
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information
[[Page 10545]]
disclosed under APO in accordance with 19 CFR 351.305. Timely
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
This determination is issued and published pursuant to sections
735(d) and 777(i)(1) of the Act.
Dated: March 5, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix Issues in Decision Memorandum
1. U.S. Date of Sale
2. U.S. Sales Type Designation
3. Level of Trade
4. U.S. Credit Expenses and Inventory Carrying Costs
5. Verification Corrections
[FR Doc. E9-5231 Filed 3-10-09; 8:45 am]
BILLING CODE: 3510-DS-S
