Sodium Hexametaphosphate From the People's Republic of China: Final Results of Antidumping Duty Administrative Review, 59375-59377 [2012-23832]
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Federal Register / Vol. 77, No. 188 / Thursday, September 27, 2012 / Notices
Natural Resources Ltd. (‘‘CNRL), a
Canadian exporter of small diameter
pipe, which had requested an
administrative review of itself.1
DEPARTMENT OF COMMERCE
Rescission of Administrative Review
Sodium Hexametaphosphate From the
People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review
International Trade Administration
[A–570–908]
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review, in whole or in part, if the party
that requested the review withdraws the
request within 90 days of the date of
publication of the notice of initiation of
the requested review. On August 30,
2012, CNRL withdrew its request for
review within the 90-day period. No
other party requested a review and,
therefore, the Department is rescinding
this administrative review.
Assessment
The Department will instruct U.S.
Customs and Border Protection (‘‘CBP’’)
to assess antidumping duties on all
appropriate entries. For CNRL,
antidumping duties shall be assessed at
rates equal to the cash deposit rate in
effect on the date of entry, or
withdrawal from warehouse, for
consumption, in accordance with 19
CFR 351.212(c)(1)(i). The Department
intends to issue appropriate assessment
instructions to CBP 15 days after
publication of this notice of rescission
of administrative review.
Notification Regarding Administrative
Protective Order
This notice serves as a final reminder
to parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Tariff Act of 1930, as
amended, and 19 CFR 351.213(d)(4).
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 23, 2012, the
Department of Commerce
(‘‘Department’’) published in the
Federal Register the Preliminary Results
of the second administrative review of
the antidumping duty order on sodium
hexametaphosphate (‘‘sodium hex’’)
from the People’s Republic of China
(‘‘PRC’’) for the period of review
(‘‘POR’’) March 1, 2010, through
February 28, 2011.1 Based upon our
analysis of the comments, we made
changes to the margin calculation for
the final results.
DATES: Effective Date: September 27,
2012.
AGENCY:
Paul
Walker, AD/CVD Operations, Office 9,
Import Administration, International
Trade Administration, Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone—202.482.0413.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Case History
On March 23, 2012, the Department
published the Preliminary Results. On
May 17, 2012, the Department extended
the time limit for these final results by
60 days.2
Between May 4 and May 25, 2012,
interested parties submitted surrogate
value information and rebuttal surrogate
value comments. Interested parties were
further provided an opportunity to
comment on the Preliminary Results.
Between June 4, 2012, and June 11,
2012, we received briefs and rebuttal
briefs from ICL Performance Products
and Innophos, Inc. (‘‘Petitioners’’) and
Hubei Xingfa Chemical Group Co., Ltd.
(‘‘Xingfa’’).
Analysis of Comments Received
[FR Doc. 2012–23835 Filed 9–26–12; 8:45 am]
erowe on DSK2VPTVN1PROD with
Dated: September 20, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
1 See Sodium Hexametaphosphate from the
People’s Republic of China: Preliminary Results of
Second Antidumping Duty Administrative Review,
77 FR 17013 (March 23, 2012) (‘‘Preliminary
Results’’).
2 See Sodium Hexametaphosphate from the
People’s Republic of China: Extension of Time Limit
for the Final Results, 77 FR 29314 (May 25, 2012).
BILLING CODE 3510–DS–P
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 77 FR 45338 (July
31, 2012).
VerDate Mar<15>2010
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Jkt 226001
All issues raised in the case and
rebuttal briefs by parties to this review
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59375
are addressed in the memorandum
entitled, ‘‘Second Administrative
Review of Sodium Hexametaphosphate
from the People’s Republic of China:
Issues and Decision Memorandum for
the Final Results,’’ which is dated
concurrently with and adopted by this
notice (‘‘I&D Memo’’). A list of the
issues which parties raised, and to
which we respond in the I&D Memo is
attached to this notice as Appendix I.
The I&D Memo is a public document
and is on file electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). IA ACCESS is available to
registered users at https://
iaaccess.trade.gov and in the Central
Records Unit (‘‘CRU’’), room 7046 of the
main Department of Commerce
building. In addition, a complete
version of the I&D Memo can be
accessed directly on the Internet at
https://www.trade.gov/ia/. The signed
I&D Memo and the electronic versions
of the I&D Memo are identical in
content.
Changes Since the Preliminary Results
The Department has made changes to
the preliminary margin calculation.
Specifically, we:
• Used the unconsolidated financial
statement of Aditya Birla Chemicals
(Thailand), Ltd., to calculate all
surrogate financial ratios; 3
• Valued electricity using data from
the Thai Metropolitan Electric
Authority; 4
• Capped Xingfa’s supplier
distances; 5
• Valued truck freight and brokerage
and handling using Doing Business:
Thailand 2011; 6
• Valued white coal using a Thai
harmonized tariff schedule number
(‘‘HTS’’) for anthracite; and 7
• Valued super sacks using a Thai
HTS.8
Scope of the Order
The merchandise subject to this
review is sodium hexametaphosphate.
Sodium hexametaphosphate is a watersoluble polyphosphate glass that
consists of a distribution of
polyphosphate chain lengths. It is a
collection of sodium polyphosphate
polymers built on repeating NaPO3
units. Sodium hexametaphosphate has a
P2O5 content from 60 to 71 percent.
3 See
I&D Memo at Comment I.
I&D Memo at Comments II.
5 See I&D Memo at Comment IV.A.
6 See I&D Memo at Comment IV.B.
7 See I&D Memo at Comment V.A.
8 See I&D Memo at Comment VIII.
4 See
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59376
Federal Register / Vol. 77, No. 188 / Thursday, September 27, 2012 / Notices
Alternate names for sodium
hexametaphosphate include the
following: Calgon; Calgon S; Glassy
Sodium Phosphate; Sodium
Polyphosphate, Glassy; Metaphosphoric
Acid; Sodium Salt; Sodium Acid
Metaphosphate; Graham’s Salt; Sodium
Hex; Polyphosphoric Acid, Sodium Salt;
Glass H; Hexaphos; Sodaphos; Vitrafos;
and BAC–N–FOS. Sodium
hexametaphosphate is typically sold as
a white powder or granule (crushed)
and may also be sold in the form of
sheets (glass) or as a liquid solution. It
is imported under heading
2835.39.5000, HTSUS. It may also be
imported as a blend or mixture under
heading 3824.90.3900, HTSUS. The
American Chemical Society, Chemical
Abstract Service (‘‘CAS’’) has assigned
the name ‘‘Polyphosphoric Acid,
Sodium Salt’’ to sodium
hexametaphosphate. The CAS registry
number is 68915–31–1. However,
sodium hexametaphosphate is
commonly identified by CAS No.
10124–56–8 in the market. For purposes
of the review, the narrative description
is dispositive, not the tariff heading,
CAS registry number or CAS name.
The product covered by this review
includes sodium hexametaphosphate in
all grades, whether food grade or
technical grade. The product covered by
this review includes sodium
hexametaphosphate without regard to
chain length i.e., whether regular or
long chain. The product covered by this
review includes sodium
hexametaphosphate without regard to
physical form, whether glass, sheet,
crushed, granule, powder, fines, or other
form, and whether or not in solution.
However, the product covered by this
review does not include sodium
hexametaphosphate when imported in a
blend with other materials in which the
sodium hexametaphosphate accounts
for less than 50 percent by volume of
the finished product.
erowe on DSK2VPTVN1PROD with
Separate Rates Determination
In our Preliminary Results, we
determined that Xingfa met the criteria
for separate rate status. We have not
received any information since the
issuance of the Preliminary Results that
provides a basis for reconsidering this
preliminary determination. Therefore,
the Department continues to find that
Xingfa has met the criteria for a separate
rate.
Final Results of Review
The dumping margin for the POR is
as follows:
VerDate Mar<15>2010
15:00 Sep 26, 2012
Jkt 226001
Exporter
Margin
(percent)
Hubei Xingfa Chemical
Group Co., Ltd ..................
91.23
PRC exporters that supplied that nonPRC exporter. The deposit requirements,
when imposed, shall remain in effect
until further notice.
Reimbursement of Duties
The Department will disclose
calculations performed for these final
results to the parties within five days of
the date of publication of this notice, in
accordance with section 351.224(b) of
the Department’s regulations.
Assessment
Upon issuance of the final results, the
Department will determine, and U.S.
Customs and Border Protection (‘‘CBP’’)
shall assess, antidumping duties on all
appropriate entries. The Department
intends to issue assessment instructions
to CBP 15 days after the date of
publication of the final results of
review. Pursuant to section
351.212(b)(1) of the Department’s
regulations, we will calculate importerspecific (or customer) ad valorem duty
assessment rates based on the ratio of
the total amount of the dumping
margins calculated for the examined
sales to the total entered value of those
same sales. In accordance with section
351.106(c)(2) of the Department’s
regulations, we will instruct CBP to
liquidate, without regard to
antidumping duties, all entries of
subject merchandise during the POR for
which the importer-specific assessment
rate is zero or de minimis.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Act: (1) For the
exporter listed above, the cash deposit
rate will be the rate established in the
final results of review (except, if the rate
is zero or de minimis, i.e., less than 0.5
percent, a zero cash deposit rate will be
required for that company); (2) for
previously investigated or reviewed PRC
and non-PRC exporters not listed above
that have a separate rate, the cash
deposit rate will continue to be the
exporter-specific rate published for the
most recent period; (3) for all PRC
exporters of subject merchandise which
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the PRC-wide rate of 188.05 percent;
and (4) for all non-PRC exporters of
subject merchandise which have not
received their own rate, the cash deposit
rate will be the rate applicable to the
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Fmt 4703
Sfmt 4703
This notice also serves as a final
reminder to importers of their
responsibility under section 351.402(f)
of the Department’s regulations to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
has occurred and the subsequent
assessment of doubled antidumping
duties.
Administrative Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with section 351.305 of the
Department’s regulations, which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
We are issuing and publishing this
administrative review and notice in
accordance with sections 751(a)(1) and
777(i) of the Act.
Dated: September 19, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix I
Comment I. Surrogate Financial Ratios
Comment II. Surrogate Value for Electricity
Comment III. Surrogate Value for Yellow
Phosphorous
Comment IV. Freight
A. Capping the Sigma 9 Distance
B. Surrogate Value for Truck Freight
C. Surrogate Value for Barge Freight
Comment V. Coal
A. Surrogate Value for White Coal
B. Surrogate Value for Crude Coal
Comment VI. Surrogate Value for Phosphate
Rock
Comment VII. Surrogate Value for Phosphate
Slag
Comment VIII. Surrogate Value for Super
9 See Sigma Corp. v. United States, 117 F. 3d
1401 (Fed. Cir. 1997) (‘‘Sigma’’).
E:\FR\FM\27SEN1.SGM
27SEN1
Federal Register / Vol. 77, No. 188 / Thursday, September 27, 2012 / Notices
Sacks
[FR Doc. 2012–23832 Filed 9–26–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–823–810]
Solid Agricultural Grade Ammonium
Nitrate from Ukraine: Final Results of
the Expedited Second Sunset Review
of the Antidumping Duty Order
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: September 27,
2012.
SUMMARY: On June 1, 2012, the
Department of Commerce
(‘‘Department’’) published in the
Federal Register the notice of initiation
of the second sunset review of the
antidumping duty order on solid
agricultural grade ammonium nitrate
from Ukraine. The Department has
conducted an expedited sunset review
of this order. As a result of this sunset
review, the Department finds that
revocation of the antidumping duty
order would be likely to lead to
continuation or recurrence of dumping
at the rates identified in the ‘‘Final
Results of Review’’ section of this
notice.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Mahnaz Khan or Yasmin Nair, AD/CVD
Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone (202) 482–0914 and (202)
482–3813, respectively.
SUPPLEMENTARY INFORMATION:
erowe on DSK2VPTVN1PROD with
Background
On June 1, 2012, the Department
initiated the second sunset review of the
antidumping duty order on solid
agricultural grade ammonium nitrate
from Ukraine, pursuant to section 751(c)
of the Tariff Act of 1930, as amended
(‘‘the Act’’). See Initiation of Five-Year
(‘‘Sunset’’) Review, 77 FR 32527 (June 1,
2012). The Department received a notice
of intent to participate from domestic
interested parties CF Industries, Inc. and
El Dorado Chemical Company
(collectively, ‘‘Petitioners’’), within the
deadline specified in 19 CFR
351.218(d)(1)(i). Petitioners claimed
interested party status under section
771(9)(C) of the Act as a manufacturer,
producer, or wholesaler in the United
States of a domestic-like product.
VerDate Mar<15>2010
15:00 Sep 26, 2012
Jkt 226001
On July 2, 2012, the Department
received a substantive response from
Petitioners. In addition to meeting the
other requirements of 19 CFR
351.218(d)(3), Petitioners provided
information on the volume and value of
Ukrainian exports of solid agricultural
grade ammonium nitrate to the United
States. The Department received no
responses from other parties to this
proceeding. As a result, pursuant to
section 751(c)(3)(B) of the Act and 19
CFR 351.218(e)(1)(ii)(C)(2), the
Department conducted an expedited
(120-day) sunset review.
Scope of the Order
The merchandise covered by the order
are solid, fertilizer grade ammonium
nitrate (‘‘ammonium nitrate’’ or ‘‘subject
merchandise’’) products, whether
prilled, granular or in other solid form,
with or without additives or coating,
and with a bulk density equal to or
greater than 53 pounds per cubic foot.
Specifically excluded from the scope is
solid ammonium nitrate with a bulk
density less than 53 pounds per cubic
foot (commonly referred to as industrial
or explosive grade ammonium nitrate).
The merchandise subject to the order is
classified in the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’) at subheading
3102.30.00.00. HTSUS subheadings are
provided for convenience and customs
purposes. The written description of the
scope of the order is dispositive.
Analysis of Comments Received
All issues raised in this review are
addressed in the Issues and Decision
Memorandum (‘‘Decision
Memorandum’’) from Susan H.
Kuhbach, Director, Office 1,
Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant
Secretary for Import Administration,
dated concurrently with this notice,
which is hereby adopted by this notice.
The issues discussed in the Decision
Memorandum include the likelihood of
continuation or recurrence of dumping
and the magnitude of the margin of
dumping likely to prevail if the order
were revoked. Parties can find a
complete discussion of all issues raised
in these reviews and the corresponding
recommendations in this public
memorandum, which is on file
electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). IA ACCESS is available to
registered users at https://
iaaccess.trade.gov and in the Central
Records Unit in room 7046 of the main
Commerce building. In addition, a
PO 00000
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Fmt 4703
Sfmt 4703
59377
complete version of the Decision
Memorandum can be accessed directly
on the Internet at https://ia.ita.doc.gov/
ia/. The signed Decision Memorandum
and electronic versions of the Decision
Memorandum are identical in content.
Final Results of Review
Pursuant to sections 752(c)(1) and (3)
of the Act, we determine that revocation
of the antidumping duty order on solid
agricultural grade ammonium nitrate
from Ukraine would be likely to lead to
continuation or recurrence of dumping
and that the magnitude of the margin of
dumping likely to prevail if the order
were revoked is 156.29% for J.S.C.
‘‘Concern Stirol’’ and for all other
exporters.
This notice also serves as the only
reminder to parties subject to
administrative protective order (‘‘APO’’)
of their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305.
Timely notification of the return or
destruction of APO materials or
conversion to judicial protective orders
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
We are issuing and publishing the
final results and notice in accordance
with sections 751(c), 752(c), and
777(i)(1) of the Act.
Dated: September 20, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2012–23828 Filed 9–26–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC128
Takes of Marine Mammals Incidental to
Specified Activities; Seabird and
Pinniped Research Activities in Central
California, 2012–2013
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; proposed incidental
harassment authorization; request for
comments.
AGENCY:
We have received an
application from PRBO Conservation
Science (PRBO), for an Incidental
Harassment Authorization to take
marine mammals, by harassment,
SUMMARY:
E:\FR\FM\27SEN1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 188 (Thursday, September 27, 2012)]
[Notices]
[Pages 59375-59377]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23832]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-908]
Sodium Hexametaphosphate From the People's Republic of China:
Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On March 23, 2012, the Department of Commerce (``Department'')
published in the Federal Register the Preliminary Results of the second
administrative review of the antidumping duty order on sodium
hexametaphosphate (``sodium hex'') from the People's Republic of China
(``PRC'') for the period of review (``POR'') March 1, 2010, through
February 28, 2011.\1\ Based upon our analysis of the comments, we made
changes to the margin calculation for the final results.
---------------------------------------------------------------------------
\1\ See Sodium Hexametaphosphate from the People's Republic of
China: Preliminary Results of Second Antidumping Duty Administrative
Review, 77 FR 17013 (March 23, 2012) (``Preliminary Results'').
---------------------------------------------------------------------------
DATES: Effective Date: September 27, 2012.
FOR FURTHER INFORMATION CONTACT: Paul Walker, AD/CVD Operations, Office
9, Import Administration, International Trade Administration,
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone--202.482.0413.
SUPPLEMENTARY INFORMATION:
Case History
On March 23, 2012, the Department published the Preliminary
Results. On May 17, 2012, the Department extended the time limit for
these final results by 60 days.\2\
---------------------------------------------------------------------------
\2\ See Sodium Hexametaphosphate from the People's Republic of
China: Extension of Time Limit for the Final Results, 77 FR 29314
(May 25, 2012).
---------------------------------------------------------------------------
Between May 4 and May 25, 2012, interested parties submitted
surrogate value information and rebuttal surrogate value comments.
Interested parties were further provided an opportunity to comment on
the Preliminary Results. Between June 4, 2012, and June 11, 2012, we
received briefs and rebuttal briefs from ICL Performance Products and
Innophos, Inc. (``Petitioners'') and Hubei Xingfa Chemical Group Co.,
Ltd. (``Xingfa'').
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this review are addressed in the memorandum entitled, ``Second
Administrative Review of Sodium Hexametaphosphate from the People's
Republic of China: Issues and Decision Memorandum for the Final
Results,'' which is dated concurrently with and adopted by this notice
(``I&D Memo''). A list of the issues which parties raised, and to which
we respond in the I&D Memo is attached to this notice as Appendix I.
The I&D Memo is a public document and is on file electronically via
Import Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (``IA ACCESS''). IA ACCESS is available to
registered users at https://iaaccess.trade.gov and in the Central
Records Unit (``CRU''), room 7046 of the main Department of Commerce
building. In addition, a complete version of the I&D Memo can be
accessed directly on the Internet at https://www.trade.gov/ia/. The
signed I&D Memo and the electronic versions of the I&D Memo are
identical in content.
Changes Since the Preliminary Results
The Department has made changes to the preliminary margin
calculation. Specifically, we:
Used the unconsolidated financial statement of Aditya
Birla Chemicals (Thailand), Ltd., to calculate all surrogate financial
ratios; \3\
---------------------------------------------------------------------------
\3\ See I&D Memo at Comment I.
---------------------------------------------------------------------------
Valued electricity using data from the Thai Metropolitan
Electric Authority; \4\
---------------------------------------------------------------------------
\4\ See I&D Memo at Comments II.
---------------------------------------------------------------------------
Capped Xingfa's supplier distances; \5\
---------------------------------------------------------------------------
\5\ See I&D Memo at Comment IV.A.
---------------------------------------------------------------------------
Valued truck freight and brokerage and handling using
Doing Business: Thailand 2011; \6\
---------------------------------------------------------------------------
\6\ See I&D Memo at Comment IV.B.
---------------------------------------------------------------------------
Valued white coal using a Thai harmonized tariff schedule
number (``HTS'') for anthracite; and \7\
---------------------------------------------------------------------------
\7\ See I&D Memo at Comment V.A.
---------------------------------------------------------------------------
Valued super sacks using a Thai HTS.\8\
---------------------------------------------------------------------------
\8\ See I&D Memo at Comment VIII.
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to this review is sodium hexametaphosphate.
Sodium hexametaphosphate is a water-soluble polyphosphate glass that
consists of a distribution of polyphosphate chain lengths. It is a
collection of sodium polyphosphate polymers built on repeating
NaPO3 units. Sodium hexametaphosphate has a
P2O5 content from 60 to 71 percent.
[[Page 59376]]
Alternate names for sodium hexametaphosphate include the following:
Calgon; Calgon S; Glassy Sodium Phosphate; Sodium Polyphosphate,
Glassy; Metaphosphoric Acid; Sodium Salt; Sodium Acid Metaphosphate;
Graham's Salt; Sodium Hex; Polyphosphoric Acid, Sodium Salt; Glass H;
Hexaphos; Sodaphos; Vitrafos; and BAC-N-FOS. Sodium hexametaphosphate
is typically sold as a white powder or granule (crushed) and may also
be sold in the form of sheets (glass) or as a liquid solution. It is
imported under heading 2835.39.5000, HTSUS. It may also be imported as
a blend or mixture under heading 3824.90.3900, HTSUS. The American
Chemical Society, Chemical Abstract Service (``CAS'') has assigned the
name ``Polyphosphoric Acid, Sodium Salt'' to sodium hexametaphosphate.
The CAS registry number is 68915-31-1. However, sodium
hexametaphosphate is commonly identified by CAS No. 10124-56-8 in the
market. For purposes of the review, the narrative description is
dispositive, not the tariff heading, CAS registry number or CAS name.
The product covered by this review includes sodium
hexametaphosphate in all grades, whether food grade or technical grade.
The product covered by this review includes sodium hexametaphosphate
without regard to chain length i.e., whether regular or long chain. The
product covered by this review includes sodium hexametaphosphate
without regard to physical form, whether glass, sheet, crushed,
granule, powder, fines, or other form, and whether or not in solution.
However, the product covered by this review does not include sodium
hexametaphosphate when imported in a blend with other materials in
which the sodium hexametaphosphate accounts for less than 50 percent by
volume of the finished product.
Separate Rates Determination
In our Preliminary Results, we determined that Xingfa met the
criteria for separate rate status. We have not received any information
since the issuance of the Preliminary Results that provides a basis for
reconsidering this preliminary determination. Therefore, the Department
continues to find that Xingfa has met the criteria for a separate rate.
Final Results of Review
The dumping margin for the POR is as follows:
------------------------------------------------------------------------
Margin
Exporter (percent)
------------------------------------------------------------------------
Hubei Xingfa Chemical Group Co., Ltd................... 91.23
------------------------------------------------------------------------
The Department will disclose calculations performed for these final
results to the parties within five days of the date of publication of
this notice, in accordance with section 351.224(b) of the Department's
regulations.
Assessment
Upon issuance of the final results, the Department will determine,
and U.S. Customs and Border Protection (``CBP'') shall assess,
antidumping duties on all appropriate entries. The Department intends
to issue assessment instructions to CBP 15 days after the date of
publication of the final results of review. Pursuant to section
351.212(b)(1) of the Department's regulations, we will calculate
importer-specific (or customer) ad valorem duty assessment rates based
on the ratio of the total amount of the dumping margins calculated for
the examined sales to the total entered value of those same sales. In
accordance with section 351.106(c)(2) of the Department's regulations,
we will instruct CBP to liquidate, without regard to antidumping
duties, all entries of subject merchandise during the POR for which the
importer-specific assessment rate is zero or de minimis.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For the exporter
listed above, the cash deposit rate will be the rate established in the
final results of review (except, if the rate is zero or de minimis,
i.e., less than 0.5 percent, a zero cash deposit rate will be required
for that company); (2) for previously investigated or reviewed PRC and
non-PRC exporters not listed above that have a separate rate, the cash
deposit rate will continue to be the exporter-specific rate published
for the most recent period; (3) for all PRC exporters of subject
merchandise which have not been found to be entitled to a separate
rate, the cash deposit rate will be the PRC-wide rate of 188.05
percent; and (4) for all non-PRC exporters of subject merchandise which
have not received their own rate, the cash deposit rate will be the
rate applicable to the PRC exporters that supplied that non-PRC
exporter. The deposit requirements, when imposed, shall remain in
effect until further notice.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under section 351.402(f) of the Department's regulations
to file a certificate regarding the reimbursement of antidumping duties
prior to liquidation of the relevant entries during this POR. Failure
to comply with this requirement could result in the Department's
presumption that reimbursement of antidumping duties has occurred and
the subsequent assessment of doubled antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with section 351.305 of the
Department's regulations, which continues to govern business
proprietary information in this segment of the proceeding. Timely
written notification of the return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a violation which is
subject to sanction.
We are issuing and publishing this administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: September 19, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I
Comment I. Surrogate Financial Ratios
Comment II. Surrogate Value for Electricity
Comment III. Surrogate Value for Yellow Phosphorous
Comment IV. Freight
A. Capping the Sigma \9\ Distance
---------------------------------------------------------------------------
\9\ See Sigma Corp. v. United States, 117 F. 3d 1401 (Fed. Cir.
1997) (``Sigma'').
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B. Surrogate Value for Truck Freight
C. Surrogate Value for Barge Freight
Comment V. Coal
A. Surrogate Value for White Coal
B. Surrogate Value for Crude Coal
Comment VI. Surrogate Value for Phosphate Rock
Comment VII. Surrogate Value for Phosphate Slag
Comment VIII. Surrogate Value for Super
[[Page 59377]]
Sacks
[FR Doc. 2012-23832 Filed 9-26-12; 8:45 am]
BILLING CODE 3510-DS-P
