Sodium Hexametaphosphate From the People's Republic of China: Final Results of Expedited First Sunset Review of the Antidumping Duty Order, 34989-34990 [2013-13877]

Download as PDF Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Notices rate. In addition, if the Department determines that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter’s case number (i.e., at that exporter’s rate) will be liquidated at the PRC-wide rate.19 The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable. wreier-aviles on DSK5TPTVN1PROD with NOTICES Cash Deposit Requirements The following cash deposit requirements for estimated antidumping duties, when imposed, will apply to all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) if Kromet; Gold Mountain International Development Limited; Shenzhen Jiuyuan Co., Ltd.; Sincere Profit Limited; or Skyline Exhibit Systems (Shanghai) Co., Ltd., receive a separate rate in the final results of this administrative review, then their cash deposit rate 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, then the cash deposit rate will be zero); (2) for any previously investigated or reviewed PRC and nonPRC exporter that is not under review in this segment of the proceeding but that received a separate rate in a completed prior segment, the cash deposit rate will continue to be the exporter-specific rate published for the most recently completed segment of this proceeding; (3) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be equal to the cash deposit rate for for the PRC-wide entity, which will be equal to the weightedaverage dumping margin assigned to the PRC-wide entity in the final results of this administrative review; 20 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 exporter(s) that supplied that non-PRC exporter. These cash deposit 19 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65694–95 (October 24, 2011). 20 See Aluminum Extrusions from the People’s Republic of China: Final Determination of Sales at Less Than Fair Value, 76 FR 18524 (April 4, 2011) (‘‘Final Determination’’) and Order. VerDate Mar<15>2010 15:13 Jun 10, 2013 Jkt 229001 requirements, when imposed, shall remain in effect until further notice. Notification to Importers Dated: June 3, 2013. Paul Piquado, Assistant Secretary for Import Administration. Appendix List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Partial Rescission of Administrative Review 5. Affiliation and Collapsing 6. Non-Market Economy Country 7. Separate Rates 8. Separate-Rate Recipients 9. Rate for Separate-Rate Recipients 10. The PRC-wide Entity 11. Adverse Facts Available 12. Selection of an AFA Rate 13. Corroboration 14. Surrogate Country and Surrogate Value Data 15. Surrogate Country 16. Economic Comparability 17. Significant Producers of Identical or Comparable Merchandise 18. Data Availability 19. Date of Sale 20. Comparisons to Normal Value 21. Results of the Differential Pricing Analysis 22. Export Price and Constructed Export Price 23. Normal Value 24. Factor Valuations 25. Adjustment Under Section 777A(f) of the Act 26. Currency Conversion 27. Conclusion [FR Doc. 2013–13816 Filed 6–10–13; 8:45 am] PO 00000 Frm 00016 Fmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–570–908] 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 Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing notice of these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. BILLING CODE 3510–DS–P 34989 Sodium Hexametaphosphate From the People’s Republic of China: Final Results of Expedited First Sunset Review of the Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On February 1, 2013, the Department of Commerce (the ‘‘Department’’) initiated the first fiveyear (‘‘sunset’’) review of the antidumping duty order on sodium hexametaphosphate from the People’s Republic of China (‘‘PRC’’) pursuant to section 751(c) of the Tariff Act of 1930, as amended (the ‘‘Act’’).1 As a result of this sunset review, the Department finds that revocation of the antidumping duty order on sodium hexametaphosphate from the PRC would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Review’’ section of this notice. DATES: Effective Date: June 11, 2013. FOR FURTHER INFORMATION CONTACT: Paul Walker, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: 202.482.0413. SUPPLEMENTARY INFORMATION: AGENCY: Background On March 4, 2013, the Department received an adequate substantive response from domestic interested parties ICL Performance Products LP and Innophos, Inc. (collectively, ‘‘Petitioners’’) within the deadline specified in 19 CFR 351.218(d)(3)(i).2 We received no responses from respondent interested parties. As a result, the Department conducted an expedited (120-day) sunset review of the order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). Scope of the Order The merchandise subject to the order 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 1 See Initiation of Five-Year (‘‘Sunset’’) Review, 78 FR 7400 (February 1, 2013). 2 See Petitioners’ March 4, 2013 submission. Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1 34990 Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Notices wreier-aviles on DSK5TPTVN1PROD with NOTICES hexametaphosphate has a P2O5 content from 60 to 71 percent. 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, Harmonized Tariff Schedule of the United States (‘‘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 order, the narrative description is dispositive, not the tariff heading, CAS registry number or CAS name. The product covered by the order includes sodium hexametaphosphate in all grades, whether food grade or technical grade. The product covered by the order includes sodium hexametaphosphate without regard to chain length, i.e., whether regular or long chain. The product covered by the order 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 the order 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. Analysis of Comments Received All issues raised in this review are addressed in the ‘‘Issues and Decision Memorandum for the Expedited First Sunset Review of the Antidumping Duty Order on Sodium Hexametaphosphate from the People’s Republic of China’’ from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Import Administration, dated concurrently with, and hereby adopted by, this notice (‘‘Decision Memorandum’’). The issues discussed in the Decision Memorandum include the likelihood of continuation VerDate Mar<15>2010 15:13 Jun 10, 2013 Jkt 229001 or recurrence of dumping and the magnitude of the margins likely to prevail if the order was to be revoked. Parties may find a complete discussion of all issues raised in the review and the corresponding recommendations in this public memorandum which is on file electronically via Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Services System (‘‘IA ACCESS’’). Access to IA ACCESS is available to registered users at http:// iaaccess.trade.gov and is available to all parties in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Decision Memorandum can be access directly on the Web at http://ia.ita.doc.gov/frn. The signed Decision Memorandum and the electronic versions of the Decision Memorandum are identical in content. Final Results of Review We determine that revocation of the order would be likely to lead to continuation or recurrence of dumping at the following weighted-average percentage margins: WeightedAverage Dumping Margin (percent) Exporter Jiangyin Chengxing International Trading Co., Ltd. ..................... Sichuan Mianzhu Norwest Phosphate Chemical Co. ................ PRC-Wide Rate .......................... 92.02 92.02 188.05 Administrative Protective Order 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 of 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. This sunset review and notice are in accordance with sections 751(c), 752(c), and 771(i)(1) of the Act. Dated: June 3, 2013. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2013–13877 Filed 6–10–13; 8:45 am] BILLING CODE 3510–DS–P PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration Application(s) for Duty-Free Entry of Scientific Instruments Pursuant to Section 6(c) of the Educational, Scientific and Cultural Materials Importation Act of 1966 (Pub. L. 89–651, as amended by Pub. L. 106– 36; 80 Stat. 897; 15 CFR part 301), we invite comments on the question of whether instruments of equivalent scientific value, for the purposes for which the instruments shown below are intended to be used, are being manufactured in the United States. Comments must comply with 15 CFR 301.5(a)(3) and (4) of the regulations and be postmarked on or before July 1, 2013. Address written comments to Statutory Import Programs Staff, Room 3720, U.S. Department of Commerce, Washington, DC 20230. Applications may be examined between 8:30 a.m. and 5:00 p.m. at the U.S. Department of Commerce in Room 3720. Docket Number: 13–016. Applicant: Pacific Northwest National Laboratory, 902 Battelle Boulevard, Richland, WA 99352. Instrument: Electron Microscope. Manufacturer: JEOL Ltd., Japan. Intended Use: The instrument will be used for the development of new materials or the improvement of existing materials requiring a clear understanding of structure/property relationships, atomic structure, distribution of various constituent elements, and the presence of defects in materials. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: March 22, 2013. Docket Number: 13–018. Applicant: The Scripps Institute, 10550 North Torrey Pines Road, La Jolla, CA 92037. Instrument: Electron Microscope. Manufacturer: FEI Company, Czech Republic. Intended Use: The instrument will be used to determine the manner in which macromolecular biological assemblies including viruses, cellular protein assemblies, nanoparticles, and cellular organelles perform crucial life processes. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: April 11, 2013. Docket Number: 13–021. Applicant: University of Massachusetts Amherst, 120 Governors Drive, Amherst, MA 01003. Instrument: Electron Microscope. Manufacturer: JEOL Ltd., Japan. E:\FR\FM\11JNN1.SGM 11JNN1

Agencies

[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Notices]
[Pages 34989-34990]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13877]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-908]


Sodium Hexametaphosphate From the People's Republic of China: 
Final Results of Expedited First Sunset Review of the Antidumping Duty 
Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On February 1, 2013, the Department of Commerce (the 
``Department'') initiated the first five-year (``sunset'') review of 
the antidumping duty order on sodium hexametaphosphate from the 
People's Republic of China (``PRC'') pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (the ``Act'').\1\ As a result of this 
sunset review, the Department finds that revocation of the antidumping 
duty order on sodium hexametaphosphate from the PRC would be likely to 
lead to continuation or recurrence of dumping at the levels indicated 
in the ``Final Results of Review'' section of this notice.
---------------------------------------------------------------------------

    \1\ See Initiation of Five-Year (``Sunset'') Review, 78 FR 7400 
(February 1, 2013).

---------------------------------------------------------------------------
DATES: Effective Date: June 11, 2013.

FOR FURTHER INFORMATION CONTACT: Paul Walker, AD/CVD Operations, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230; telephone: 202.482.0413.

SUPPLEMENTARY INFORMATION:

Background

    On March 4, 2013, the Department received an adequate substantive 
response from domestic interested parties ICL Performance Products LP 
and Innophos, Inc. (collectively, ``Petitioners'') within the deadline 
specified in 19 CFR 351.218(d)(3)(i).\2\ We received no responses from 
respondent interested parties. As a result, the Department conducted an 
expedited (120-day) sunset review of the order, pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2).
---------------------------------------------------------------------------

    \2\ See Petitioners' March 4, 2013 submission.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the order 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

[[Page 34990]]

hexametaphosphate has a P2O5 content from 60 to 
71 percent. 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, Harmonized 
Tariff Schedule of the United States (``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 order, the narrative description is 
dispositive, not the tariff heading, CAS registry number or CAS name.
    The product covered by the order includes sodium hexametaphosphate 
in all grades, whether food grade or technical grade. The product 
covered by the order includes sodium hexametaphosphate without regard 
to chain length, i.e., whether regular or long chain. The product 
covered by the order 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 the order 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.

Analysis of Comments Received

    All issues raised in this review are addressed in the ``Issues and 
Decision Memorandum for the Expedited First Sunset Review of the 
Antidumping Duty Order on Sodium Hexametaphosphate from the People's 
Republic of China'' from Christian Marsh, Deputy Assistant Secretary 
for Antidumping and Countervailing Duty Operations, to Paul Piquado, 
Assistant Secretary for Import Administration, dated concurrently with, 
and hereby adopted by, this notice (``Decision Memorandum''). The 
issues discussed in the Decision Memorandum include the likelihood of 
continuation or recurrence of dumping and the magnitude of the margins 
likely to prevail if the order was to be revoked. Parties may find a 
complete discussion of all issues raised in the review and the 
corresponding recommendations in this public memorandum which is on 
file electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Services System (``IA 
ACCESS''). Access to IA ACCESS is available to registered users at 
http://iaaccess.trade.gov and is available to all parties in the 
Central Records Unit, room 7046 of the main Department of Commerce 
building. In addition, a complete version of the Decision Memorandum 
can be access directly on the Web at http://ia.ita.doc.gov/frn. The 
signed Decision Memorandum and the electronic versions of the Decision 
Memorandum are identical in content.

Final Results of Review

    We determine that revocation of the order would be likely to lead 
to continuation or recurrence of dumping at the following weighted-
average percentage margins:

------------------------------------------------------------------------
                                                               Weighted-
                                                                Average
                          Exporter                              Dumping
                                                                Margin
                                                               (percent)
------------------------------------------------------------------------
Jiangyin Chengxing International Trading Co., Ltd...........       92.02
Sichuan Mianzhu Norwest Phosphate Chemical Co...............       92.02
PRC-Wide Rate...............................................      188.05
------------------------------------------------------------------------

Administrative Protective Order

    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 of 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.
    This sunset review and notice are in accordance with sections 
751(c), 752(c), and 771(i)(1) of the Act.

    Dated: June 3, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-13877 Filed 6-10-13; 8:45 am]
BILLING CODE 3510-DS-P