Countervailing Duty Investigation of 1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's Republic of China: Postponement of Preliminary Determination, 38135 [2016-13954]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 81, Number 113 (Monday, June 13, 2016)]
[Notices]
[Page 38135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13954]



[[Page 38135]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-046]


Countervailing Duty Investigation of 1-Hydroxyethylidene-1, 1-
Diphosphonic Acid From the People's Republic of China: Postponement of 
Preliminary Determination

AGENCY: Enforcement and Compliance International Trade Administration, 
Department of Commerce.


FOR FURTHER INFORMATION CONTACT: Javier Barrientos, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; Telephone: 202-482-2243.

SUPPLEMENTARY INFORMATION: 

Background

    On April 20, 2016, the Department of Commerce (the ``Department'') 
initiated the countervailing duty investigation of 1-Hydroxyethylidene-
1, 1-Diphosphonic Acid (``HEDP'') from the People's Republic of China 
(``PRC'').\1\ Currently, the preliminary determination is due no later 
than June 24, 2016.
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    \1\ See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from People's 
Republic of China: Initiation of Countervailing Duty Investigation, 
81 FR 25383 (April 28, 2016) (``Initiation''). Although the 
Initiation inadvertently stated the effective date of initiation was 
February 20, 2016, the correct effective date is April 20, 2016. Id.
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Postponement of Due Date for the Preliminary Determination

    Section 703(b)(1) of the Tariff Act of 1930, as amended (the 
``Act''), requires the Department to issue the preliminary 
determination in a countervailing duty investigation within 65 days 
after the date on which the Department initiated the investigation. 
However, section 703(c)(1) of the Act permits the Department to 
postpone making the preliminary determination until no later than 130 
days after the date on which it initiated the investigation if, among 
other reasons, the petitioner makes a timely request for a 
postponement, or the Department concludes that the parties concerned 
are cooperating and determines that the investigation is 
extraordinarily complicated.
    Currently, while the Department has not yet chosen mandatory 
respondents, we determine that, thus far, the parties concerned are 
cooperating because each has made an entry of appearance in this 
investigation.\2\ Also, the Department must analyze four complicated 
alleged subsidy programs \3\ for each respondent, including companies 
that are cross-owned with each respondent, and likely issue multiple 
supplemental questionnaires. For all these reasons, the Department 
finds this investigation to be extraordinarily complicated within the 
meaning of section 703(c)(1)(B) of the Act, and is hereby fully 
postponing the preliminary countervailing duty determination by 130 
days.\4\ Therefore, pursuant to the discretion afforded to the 
Department under section 703(c)(1)(B) of the Act, we are postponing the 
due date for the preliminary determination to no later than August 29, 
2016.\5\
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    \2\ See, e.g., Entry of Appearance Letters by: Compass Chemical 
International LLC dated April 5, 2016; Nantong Uniphos Chemicals 
Co., Ltd, dated May 4, 2016; Qingshuiyuan Technology Co., Ltd., 
dated May 5, 2016; Shandong Taihe Chemicals Co., Ltd., dated May 10, 
2016; Changzhou Yao's Tongde Chemical Co., Ltd., dated May 10, 2016; 
and Jianghai Environmental Protection Co., Ltd., May 23, 2016.
    \3\ The number of programs may be found in the ``Countervailing 
Duty Investigation Initiation Checklist: 1-Hydroxyethylidene-1, 1-
Diphosphonic Acid from the People's Republic of China from the 
People's Republic of China,'' at 5-8.
    \4\ We note that section 351.205(f)(1) of the Department's 
regulations stipulates that parties to this proceeding will be 
notified of an extension 20 days in advance of the preliminary 
determination. See 19 CFR 351.205(f)(1). We note that 20 days before 
the preliminary determination is June 4, 2016. However, because this 
date falls on a Saturday, the due date is the next business day, 
June 6, 2016. See Notice of Clarification: Application of ``Next 
Business Day'' Rule for Administrative Determination Deadlines 
Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 
2005) (``Next Business Day Rule'').
    \5\ We note that 130 days after initiation is August 28, 2016. 
However, because this date falls on a Sunday, the due date is the 
next business day, August 29, 2016. See Next Business Day Rule.
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    This notice is issued and published pursuant to section 703(c)(2) 
of the Act and 19 CFR 351.205(f)(1).

    Dated: June 6, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-13954 Filed 6-10-16; 8:45 am]
 BILLING CODE 3510-DS-P