1-Hydroxyethylidene-1, 1-Diphosphonic Acid From India: Final Results of Antidumping Duty Administrative Review and Revocation of Order (in Part); 2011-2012, 40099-40100 [2013-15892]

Download as PDF Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Notices portions of the meeting will be open to the public. For more information contact Yvette Springer on (202) 482–2813. Dated: June 26, 2013. Yvette Springer, Committee Liaison Officer. [FR Doc. 2013–16044 Filed 7–2–13; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration 1-Hydroxyethylidene-1, 1Diphosphonic Acid From India: Final Results of Antidumping Duty Administrative Review and Revocation of Order (in Part); 2011–2012 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On May 2, 2013, the Department of Commerce (the Department) published the preliminary results of the third administrative review of the antidumping duty order on 1-hydroxyethylidene-1, 1diphosphonic acid (HEDP) from India.1 The review covers one manufacturer and exporter of the subject merchandise to the United States: Aquapharm Chemicals Pvt., Ltd. (Aquapharm). The period of review (POR) is April 1, 2011, through March 31, 2012. We did not receive comments from any interested parties. Therefore, the final results do not differ from the preliminary results. We continue to find that sales of subject merchandise have not been made at prices below normal value (NV) by Aquapharm. Accordingly, we have determined to revoke the antidumping duty order, in part, with respect to HEDP produced and exported by Aquapharm. AGENCY: Effective Date: July 3, 2013. emcdonald on DSK67QTVN1PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Brandon Custard or David Goldberger, 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) 482–1823 or (202) 482– 4136, respectively. SUPPLEMENTARY INFORMATION: 1 See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from India: Preliminary Results of Antidumping Duty Administrative Review; 2011– 2012; Intent to Revoke Order (in Part), 78 FR 25699 (May 2, 2012) (Preliminary Results). VerDate Mar<15>2010 17:48 Jul 02, 2013 Jkt 229001 On May 2, 2013, the Department published in the Federal Register the Preliminary Results, in which we preliminarily determined that it was appropriate to revoke the order with respect to Aquapharm because it had satisfied all of the procedural and substantive requirements for revocation.2 We invited parties to comment on the Preliminary Results.3 No comments were submitted. Scope of the Order [A–533–847] DATES: Background The merchandise covered by the order includes all grades of aqueous, acidic (non-neutralized) concentrations of 1hydroxyethylidene-1, 1-diphosphonic acid.4 The product is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) at item numbers 2931.90.9043 and 2811.19.6090.5 Although the HTSUS numbers are provided for convenience and customs purposes, the full written scope description, as published in the antidumping order 6 and described in the Preliminary Decision Memorandum, remains dispositive. Determination To Revoke Order, In Part The Department may revoke, in whole or in part, an antidumping duty order upon completion of a review under section 751 of the Tariff Act of 1930, as amended (the Act). While Congress has not specified the procedures that the Department must follow in revoking an order, the Department has developed a procedure for revocation that is described in 19 CFR 351.222. For a more detailed written description of the requirements for revoking an antidumping duty order in whole or in part, see Preliminary Decision Memorandum. We have determined that the request from Aquapharm meets all of the criteria for revocation under 19 CFR 351.222.7 In the Preliminary Results, we 2 See ‘‘Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: 1-Hydroxyethylidene-1, 1-Diphosphonic Acid (HEDP) from India,’’ dated April 25, 2013 (Preliminary Decision Memorandum), at 2–3. 3 See Preliminary Results, 78 FR at 25700. 4 C H O P or C(CH )(OH)(PO H ) . 2 8 7 2 3 3 2 2 5 We have revised the HTSUS item numbers for the merchandise subject to this order to reflect the current HTSUS schedule available on the International Trade Commission’s Web site at https://www.usitc.gov/tata/hts/bychapter/index.htm. 6 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from India and the People’s Republic of China: Antidumping Duty Orders, 74 FR 19197 (April 28, 2009). 7 The Department recently modified the section of its regulations concerning the revocation of PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 40099 determined that Aquapharm satisfied the procedural and substantive requirements for revocation.8 As no parties have taken issue with the Preliminary Results, we continue to find that Aquapharm’s request satisfies the requirements for revocation. Effective Date of Revocation This revocation applies to all entries of subject merchandise that are produced and exported by Aquapharm, and are entered, or withdrawn from warehouse, for consumption on or after April 1, 2012. The Department will order the suspension of liquidation lifted for all such entries and will instruct CBP to release any cash deposits or bonds. The Department will further instruct CBP to refund with interest any cash deposits on entries made on or after April 1, 2012. Final Results of the Review As a result of our review, we determined that the following weightedaverage margin percentage applies for the period April 1, 2011, through March 31, 2012: Manufacturer/Exporter Aquapharm Chemicals Pvt., Ltd Margin (percent) 0.00 Assessment Rates The Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review pursuant to 19 CFR 351.212.9 The Department intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of this review. Because we have calculated a zero margin for Aquapharm in the final results of this review, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003. See Antidumping and Countervailing Duty Proceedings: antidumping and countervailing duty orders in whole or in part, but that modification does not apply to this administrative review. See Modification to Regulation Concerning the Revocation of Antidumping and Countervailing Duty Orders, 77 FR 29875 (May 21, 2012). Reference to 19 CFR 351.222(b) refers to the Department’s regulations prior to the modification. 8 Preliminary Decision Memorandum at 2–3. 9 In these final results, the Department applied the assessment rate calculation method adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012). E:\FR\FM\03JYN1.SGM 03JYN1 40100 Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Notices Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice). This clarification applies to entries of subject merchandise during the POR produced by Aquapharm for which it did not know that the merchandise it sold to an intermediary (e.g., a reseller, trading company, or exporter) was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate effective during the POR if there is no rate for the intermediary involved in the transaction. Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) No cash deposit will apply to Aquapharm, consistent with our revocation of the order with respect to Aquapharm, effective April 1, 2012, as discussed above; (2) for previously reviewed or investigated companies not participating in this review, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review or the original less-than-fair-value (LTFV) investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 3.10 percent, the all-others rate established in the LTFV investigation. See 1Hydroxyethylidene-1, 1-Diphosphonic Acid from India: Notice of Final Determination of Sales at Less Than Fair Value, 74 FR 10543, 10544 (March 11, 2009). These requirements, when imposed, shall remain in effect until further notice. emcdonald on DSK67QTVN1PROD with NOTICES Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. VerDate Mar<15>2010 17:48 Jul 02, 2013 Jkt 229001 Administrative Protective Order 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 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or 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 administrative review and notice are published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: June 24, 2013. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2013–15892 Filed 7–2–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–801] Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Rescission of Antidumping Duty New Shipper Review; 2012–2013 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to a request from Ngoc Ha Co. Ltd. Food Processing and Trading (‘‘Ngoc Ha’’), the Department of Commerce (‘‘the Department’’) initiated a new shipper review of the antidumping duty order on certain frozen fish fillets from the Socialist Republic of Vietnam (‘‘Vietnam’’) covering the period August 1, 2012, through January 31, 2013.1 On May 23, 2013, Ngoc Ha withdrew its request for a new shipper review. Accordingly, the Department is rescinding the new shipper review with respect to Ngoc Ha. DATES: Effective July 3, 2013. FOR FURTHER INFORMATION CONTACT: Alexander Montoro, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution AGENCY: 1 See Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Initiation of Antidumping Duty New Shipper Review; 2012–2013, 78 FR 18957 (March 28, 2013) (‘‘Initiation Notice’’). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 Avenue NW., Washington, DC 20230; telephone: (202) 482–0238. Rescission of New Shipper Review On May 23, 2013, Ngoc Ha withdrew its new shipper review request.2 19 CFR 351.214(f)(1) provides that, the Department may rescind a new shipper review, if the party that requested the review withdraws its request for review within 60 days of the date of publication of the notice of initiation of the requested review. Given that Ngoc Ha withdrew its request for a new shipper review 55 days after the date of publication of the notice of initiation of the requested review, the Department is rescinding the new shipper review of the antidumping duty order on certain frozen fish fillets from Vietnam with respect to Ngoc Ha. Consequently, Ngoc Ha will remain part of the Vietnam-wide entity. Assessment Because Ngoc Ha remains part of the Vietnam-wide entity, its entries may become subject to review if interested parties request an administrative review of the antidumping duty order of certain frozen fish fillets from Vietnam covering the period August 1, 2012, to July 31, 2013. The opportunity to request an administrative review of entries of subject merchandise entered during that period has not yet expired. Therefore, the Department will not order liquidation of entries for Ngoc Ha. The Department intends to issue liquidation instructions for the Vietnam-wide entity, which will cover any entries by Ngoc Ha, 15 days after publication of the final results of the administrative review covering the period August 1, 2012, to July 31, 2013, if such a review is requested. If no such review is requested, the Department will issue liquidation instructions for the Vietnamwide entity at the appropriate time. Cash Deposit The Department will notify U.S. Customs and Border Protection (‘‘CBP’’) that bonding is no longer permitted to fulfill security requirements for subject merchandise produced and exported by Ngoc Ha that is entered, or withdrawn from warehouse, for consumption in the United States on or after the publication of this rescission notice in the Federal Register. The Department will notify CBP that a cash deposit of 2.11 U.S. dollars per kilogram should be collected for all shipments of subject merchandise by Ngoc Ha entered, or withdrawn from 2 See letter from Ngoc Ha entitled ‘‘Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Withdrawal of Request for a New Shipper Review,’’ dated May 23, 2013. E:\FR\FM\03JYN1.SGM 03JYN1

Agencies

[Federal Register Volume 78, Number 128 (Wednesday, July 3, 2013)]
[Notices]
[Pages 40099-40100]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15892]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-847]


1-Hydroxyethylidene-1, 1-Diphosphonic Acid From India: Final 
Results of Antidumping Duty Administrative Review and Revocation of 
Order (in Part); 2011-2012

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 2, 2013, the Department of Commerce (the Department) 
published the preliminary results of the third administrative review of 
the antidumping duty order on 1-hydroxyethylidene-1, 1-diphosphonic 
acid (HEDP) from India.\1\ The review covers one manufacturer and 
exporter of the subject merchandise to the United States: Aquapharm 
Chemicals Pvt., Ltd. (Aquapharm). The period of review (POR) is April 
1, 2011, through March 31, 2012. We did not receive comments from any 
interested parties. Therefore, the final results do not differ from the 
preliminary results. We continue to find that sales of subject 
merchandise have not been made at prices below normal value (NV) by 
Aquapharm. Accordingly, we have determined to revoke the antidumping 
duty order, in part, with respect to HEDP produced and exported by 
Aquapharm.
---------------------------------------------------------------------------

    \1\ See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from India: 
Preliminary Results of Antidumping Duty Administrative Review; 2011-
2012; Intent to Revoke Order (in Part), 78 FR 25699 (May 2, 2012) 
(Preliminary Results).

---------------------------------------------------------------------------
DATES: Effective Date: July 3, 2013.

FOR FURTHER INFORMATION CONTACT: Brandon Custard or David Goldberger, 
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-
1823 or (202) 482-4136, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 2, 2013, the Department published in the Federal Register 
the Preliminary Results, in which we preliminarily determined that it 
was appropriate to revoke the order with respect to Aquapharm because 
it had satisfied all of the procedural and substantive requirements for 
revocation.\2\
---------------------------------------------------------------------------

    \2\ See ``Decision Memorandum for Preliminary Results of 
Antidumping Duty Administrative Review: 1-Hydroxyethylidene-1, 1-
Diphosphonic Acid (HEDP) from India,'' dated April 25, 2013 
(Preliminary Decision Memorandum), at 2-3.
---------------------------------------------------------------------------

    We invited parties to comment on the Preliminary Results.\3\ No 
comments were submitted.
---------------------------------------------------------------------------

    \3\ See Preliminary Results, 78 FR at 25700.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the order includes all grades of 
aqueous, acidic (non-neutralized) concentrations of 1-
hydroxyethylidene-1, 1-diphosphonic acid.\4\ The product is currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) at item numbers 2931.90.9043 and 2811.19.6090.\5\ Although the 
HTSUS numbers are provided for convenience and customs purposes, the 
full written scope description, as published in the antidumping order 
\6\ and described in the Preliminary Decision Memorandum, remains 
dispositive.
---------------------------------------------------------------------------

    \4\ C2H8O7P2 or 
C(CH3)(OH)(PO3H2)2.
    \5\ We have revised the HTSUS item numbers for the merchandise 
subject to this order to reflect the current HTSUS schedule 
available on the International Trade Commission's Web site at https://www.usitc.gov/tata/hts/bychapter/index.htm.
    \6\ 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from India and 
the People's Republic of China: Antidumping Duty Orders, 74 FR 19197 
(April 28, 2009).
---------------------------------------------------------------------------

Determination To Revoke Order, In Part

    The Department may revoke, in whole or in part, an antidumping duty 
order upon completion of a review under section 751 of the Tariff Act 
of 1930, as amended (the Act). While Congress has not specified the 
procedures that the Department must follow in revoking an order, the 
Department has developed a procedure for revocation that is described 
in 19 CFR 351.222. For a more detailed written description of the 
requirements for revoking an antidumping duty order in whole or in 
part, see Preliminary Decision Memorandum.
    We have determined that the request from Aquapharm meets all of the 
criteria for revocation under 19 CFR 351.222.\7\ In the Preliminary 
Results, we determined that Aquapharm satisfied the procedural and 
substantive requirements for revocation.\8\ As no parties have taken 
issue with the Preliminary Results, we continue to find that 
Aquapharm's request satisfies the requirements for revocation.
---------------------------------------------------------------------------

    \7\ The Department recently modified the section of its 
regulations concerning the revocation of antidumping and 
countervailing duty orders in whole or in part, but that 
modification does not apply to this administrative review. See 
Modification to Regulation Concerning the Revocation of Antidumping 
and Countervailing Duty Orders, 77 FR 29875 (May 21, 2012). 
Reference to 19 CFR 351.222(b) refers to the Department's 
regulations prior to the modification.
    \8\ Preliminary Decision Memorandum at 2-3.
---------------------------------------------------------------------------

Effective Date of Revocation

    This revocation applies to all entries of subject merchandise that 
are produced and exported by Aquapharm, and are entered, or withdrawn 
from warehouse, for consumption on or after April 1, 2012. The 
Department will order the suspension of liquidation lifted for all such 
entries and will instruct CBP to release any cash deposits or bonds. 
The Department will further instruct CBP to refund with interest any 
cash deposits on entries made on or after April 1, 2012.

Final Results of the Review

    As a result of our review, we determined that the following 
weighted-average margin percentage applies for the period April 1, 
2011, through March 31, 2012:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/Exporter                      (percent)
------------------------------------------------------------------------
Aquapharm Chemicals Pvt., Ltd..............................         0.00
------------------------------------------------------------------------

Assessment Rates

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review pursuant to 19 CFR 351.212.\9\ The Department intends to 
issue assessment instructions to CBP 15 days after the date of 
publication of the final results of this review. Because we have 
calculated a zero margin for Aquapharm in the final results of this 
review, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties.
---------------------------------------------------------------------------

    \9\ In these final results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------

    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:

[[Page 40100]]

Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment 
Policy Notice). This clarification applies to entries of subject 
merchandise during the POR produced by Aquapharm for which it did not 
know that the merchandise it sold to an intermediary (e.g., a reseller, 
trading company, or exporter) was destined for the United States. In 
such instances, we will instruct CBP to liquidate unreviewed entries at 
the all-others rate effective during the POR if there is no rate for 
the intermediary involved in the transaction.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) No cash deposit will apply to Aquapharm, 
consistent with our revocation of the order with respect to Aquapharm, 
effective April 1, 2012, as discussed above; (2) for previously 
reviewed or investigated companies not participating in this review, 
the cash deposit rate will continue to be the company-specific rate 
published for the most recent period; (3) if the exporter is not a firm 
covered in this review or the original less-than-fair-value (LTFV) 
investigation, but the manufacturer is, the cash deposit rate will be 
the rate established for the most recent period for the manufacturer of 
the merchandise; and (4) the cash deposit rate for all other 
manufacturers or exporters will continue to be 3.10 percent, the all-
others rate established in the LTFV investigation. See 1-
Hydroxyethylidene-1, 1-Diphosphonic Acid from India: Notice of Final 
Determination of Sales at Less Than Fair Value, 74 FR 10543, 10544 
(March 11, 2009). These requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Order

    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 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return or 
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 administrative review and notice are published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act.

     Dated: June 24, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-15892 Filed 7-2-13; 8:45 am]
BILLING CODE 3510-DS-P