Countervailing Duty Investigation of 1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's Republic of China: Preliminary Affirmative Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 62084-62086 [2016-21483]

Download as PDF mstockstill on DSK3G9T082PROD with NOTICES 62084 Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 / Notices • Dream Rooms Furniture (Shanghai) Co., Ltd. • Evergo Furniture Manufacturing Co., Ltd. • Fine Furniture (Shanghai) Ltd. • Fleetwood Fine Furniture LP • Fortune Furniture Ltd. • Fortune Glory Industrial Ltd. (H.K. Ltd.), Tradewinds Furniture Ltd. • Foshan Bailan Imp. & Exp. Ltd. • Foshan Shunde Longjiang Zhishang Furniture Factory. • Fuijian Lianfu Forestry Co., Ltd. aka Fujian Wonder Pacific Inc. • Fuzhou Huan Mei Furniture Co., Ltd. • Guangdong New Four Seas Furniture Manufacturing Ltd. • Guangzhou Lucky Furniture Co., Ltd. • Guangzhou Maria Yee Furnishings Ltd., Pyla HK Ltd., Maria Yee, Inc. • Hainan Jong Bao Lumber Co., Ltd. • Haining Kareno Furniture Co., Ltd. • Hang Hai Woodcraft’s Art Factory. • Hangzhou Jason Outdoor Furniture Co., Ltd. • Hong Kong Da Zhi Furniture Co., Ltd. • Hualing Furniture (China) Co., Ltd., Tony House Manufacture (China) Co., Ltd., Buysell Investments Ltd., Tony House Industries Co., Ltd. • Hung Fai Wood Products Factory Ltd. • Jasonwood Industrial Co., Ltd. S.A. • Jiangmen Kinwai Furniture Decoration Co., Ltd. • Jiangmen Kinwai International Furniture Co., Ltd. • Jiangsu Dare Furniture Co., Ltd. • Jiangsu Xiangsheng Bedtime Furniture Co., Ltd. • Jiangsu Yuexing Furniture Group Co., Ltd. • Jiashan Zhenxuan Furniture Co., Ltd. • Jibbon Enterprise Co., Ltd. • Jibson Industries Ltd. • Jiedong Lehouse Furniture Co., Ltd. • King’s Way Furniture Industries Co., Ltd. • Kingsyear Ltd. • Kunshan Summit Furniture Co., Ltd. • Liang Huang (Jiaxing) Enterprise Co., Ltd. • Nantong Yangzi Furniture Co., Ltd. • Nathan International Ltd., Nathan Rattan Factory. • Orient International Holding Shanghai Foreign Trade Co., Ltd. • Perfect Line Furniture Co., Ltd. • Prime Best Factory. • Prime Best International Co., Ltd. • Prime Wood International Co., Ltd. • Putian Jinggong Furniture Co., Ltd. • Qingdao Beiyuan Industry Trading Co., Ltd. • Qingdao Beiyuan Shengli Furniture Co., Ltd. • Qingdao Liangmu Co., Ltd. • Qingdao Shengchang Wooden Co., Ltd. • Restonic (Dongguan) Furniture Ltd., Restonic Far East (Samoa) Ltd. • Sen Yeong International Co., Ltd. • Shanghai Maoji Imp And Exp Co., Ltd. • Sheh Hau International Trading Ltd. • Shenzhen Diamond Furniture Co., Ltd. • Shenzhen Forest Furniture Co., Ltd. • Shenzhen Jiafa High Grade Furniture Co., Ltd., Golden Lion International Trading Ltd. • Shenzhen New Fudu Furniture Co., Ltd. • Shenzhen Wonderful Furniture Co., Ltd. • Shenzhen Xingli Furniture Co., Ltd. VerDate Sep<11>2014 19:34 Sep 07, 2016 Jkt 238001 • Shing Mark Enterprise Co., Ltd., Carven Industries Limited (BVI), Carven Industries Limited (HK), Dongguan Zhenxin Furniture Co., Ltd., Dongguan Yongpeng Furniture Co., Ltd. • Songgang Jasonwood Furniture Factory. • Starwood Industries Ltd. • Strongson (HK) Co. • Strongson Furniture (Shenzhen) Co., Ltd. • Strongson Furniture Co., Ltd. • Sunforce Furniture (Hui-Yang) Co., Ltd., Sun Fung Wooden Factory, Sun Fung Co., Shin Feng Furniture Co., Ltd., Stupendous International Co., Ltd. • Super Art Furniture Co., Ltd. • Superwood Co., Ltd., Lianjiang Zongyu Art Products Co., Ltd. • Teamway Furniture (Dong Guan) Co., Ltd. • Techniwood Industries Ltd., Ningbo Furniture Industries Ltd., Ningbo Hengrun Furniture Co., Ltd. • Tube-Smith Enterprise (Haimen) Co., Ltd. • Tube-Smith Enterprise (Zhangzhou) Co., Ltd. • U-Rich Furniture (Zhangzhou) Co., Ltd., URich Furniture Ltd. • Weimei Furniture Co., Ltd. • Wuxi Yushea Furniture Co., Ltd. • Xiamen Yongquan Sci-Tech Development Co., Ltd. • Xilinmen Group Co., Ltd. • Yichun Guangming Furniture Co., Ltd. • Yihua Timber Industry Co., Ltd., Guangdong Yihua Timber Industry Co., Ltd. • Zhang Zhou Sanlong Wood Product Co., Ltd. • Zhangjiagang Daye Hotel Furniture Co., Ltd. • Zhangjiang Sunwin Arts & Crafts Co., Ltd. • Zhangzhou Guohui Industrial & Trade Co., Ltd. • Zhong Shan Fullwin Furniture Co., Ltd. • Zhong Shun Wood Art Co. • Zhongshan Fookyik Furniture Co., Ltd. • Zhongshan Golden King Furniture Industrial Co., Ltd. • Zhoushan For-Strong Wood Co., Ltd. [FR Doc. 2016–21631 Filed 9–7–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–046] Countervailing Duty Investigation of 1Hydroxyethylidene-1, 1-Diphosphonic Acid From the People’s Republic of China: Preliminary Affirmative Determination and Alignment of Final Determination With Final Antidumping Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the ‘‘Department’’) preliminarily determines that countervailable subsidies are being provided to producers and exporters of 1AGENCY: PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 Hydroxyethylidene-1, 1-Diphosphonic Acid (‘‘HEDP’’) from the People’s Republic of China (the ‘‘PRC’’). We invite interested parties to comment on this preliminary determination. DATES: Effective September 8, 2016. FOR FURTHER INFORMATION CONTACT: Javier Barrientos or Andrew Devine, 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 or 202.482.0238, respectively. SUPPLEMENTARY INFORMATION: Scope of the Investigation The merchandise covered by this investigation includes all grades of aqueous acidic (non-neutralized) concentrations of HEDP, also referred to as hydroxyethylidenendiphosphonic acid, hydroxyethanediphosphonic acid, acetodiphosphonic acid, and etidronic acid. The Chemical Abstract Service (‘‘CAS’’) 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 2931.90.9043. It may also enter under HTSUS subheadings 281.19.6090 and 2931.90.9041. While HTSUS subheadings and the CAS registry number are provided for convenience and customs purposes only, the written description of the scope of this investigation is dispositive. Methodology The Department is conducting this countervailing duty (‘‘CVD’’) investigation in accordance with section 701 of the Tariff Act of 1930, as amended (the ‘‘Act’’). For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memo.1 The Preliminary Decision Memo is a public document and is on file electronically via Enforcement & Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘ACCESS’’).2 1 See Memorandum from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Countervailing Duty Investigation of 1-Hydroxyethylidene-1, 1Diphosphonic Acid From the People’s Republic of China: Decision Memorandum for the Preliminary Determination,’’ dated concurrently with this notice (‘‘Preliminary Decision Memo’’). 2 On November 24, 2014, Enforcement and Compliance changed the name of Enforcement and E:\FR\FM\08SEN1.SGM 08SEN1 Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 / Notices ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memo can be accessed directly on the Internet at http://trade.gov/enforcement/frn/ index.html. The signed Preliminary Decision Memo and the electronic versions of the Preliminary Decision Memo are identical in content. In making these findings, we relied, in part, on facts available and, because one or more respondents did not act to the best of their ability to respond to the Department’s requests for information, we drew an adverse inference where appropriate in selecting from among the facts otherwise available.3 For further information, see ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the Preliminary Decision Memo. Alignment In accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), we are aligning the final CVD determination in this investigation with the final determination in the companion antidumping duty (‘‘AD’’) investigation of HEDP from the PRC.4 Consequently, the final CVD determination will be issued on the same date as the final AD determination, which is currently scheduled to be issued no later than January 10, 2017, unless postponed. See Preliminary Decision Memo. Preliminary Determination and Suspension of Liquidation mstockstill on DSK3G9T082PROD with NOTICES In accordance with section 703(d)(1)(A)(i) of the Act, we calculated an estimated individual countervailable subsidy rate for each producer/exporter of the subject merchandise individually investigated. We preliminarily determine these rates to be: Compliance’s AD and CVD Centralized Electronic Service System (‘‘IA ACCESS’’) to AD and CVD Centralized Electronic Service System (‘‘ACCESS’’). The Web site location was changed from http:// iaaccess.trade.gov to http://access.trade.gov. The Final Rule changing the references to the Regulations can be found at 79 FR 69046. 3 See sections 776(a) and (b) of the Act. 4 See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People’s Republic of China: Initiation of LessThan-Fair-Value Investigation, 81 FR 25377 (April 28, 2016). 5 Including Jianghai Environmental Protection Co., Ltd. VerDate Sep<11>2014 19:34 Sep 07, 2016 Jkt 238001 Company Subsidy rate Shandong Taihe Chemicals Co., Ltd. (‘‘Taihe Chemicals’’) and Shandong Taihe Water Treatment Technologies Co., Ltd. (‘‘Taihe Technologies’’) .. Nanjing University of Chemical Technology Changzhou Wujin Water Quality Stabilizer Factory (‘‘Wujin Water’’) .................................. All Others 5 ................................ * Changzhou Kewei Fine Chemicals Co., Ltd ............... * Hebei Longke Water Treatment Co., Ltd ........................ * Shandong Huayou Chemistry Co., Ltd ................................. * Shandong Xintai Water Treatment Technology .................. * Zaozhuang Fuxing Water Treatment Technology .......... * Zaozhuang YouBang Chemicals Co., Ltd .......................... * Zouping Dongfang Chemical Industry Co., Ltd ................... 2.37 1.04 1.71 36.33 36.33 36.33 36.33 36.33 36.33 36.33 * Non-cooperative company to which an adverse facts available rate is being applied. See ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ section in the Preliminary Decision Memorandum. In accordance with sections 703(d)(1)(B) and (2) of the Act, we are directing U.S. Customs and Border Protection to suspend liquidation of all entries of HEDP from the PRC that are entered, or withdrawn from warehouse, for consumption on or after the date of the publication of this notice in the Federal Register, and to require a cash deposit for such entries of merchandise in the amounts indicated above. In accordance with sections 703(d) and 705(c)(5)(A) of the Act, for companies not investigated, we apply an ‘‘all-others’’ rate, which is normally calculated by weighting the subsidy rates of the individual companies selected as mandatory respondents by those companies’ exports of the subject merchandise to the United States. Under section 705(c)(5)(i) of the Act, the allothers rate should exclude zero and de minimis rates calculated for the exporters and producers individually investigated as well as rates based entirely on facts otherwise available. Notwithstanding the language of section 705(c)(5)(A)(i) of the Act, we have not calculated the ‘‘all-others’’ rate by weight averaging the rates of the two individually investigated respondents, because doing so risks disclosure of proprietary information. Therefore, for the ‘‘all-others’’ rate, we calculated a simple average of the two responding firms’ rates. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 62085 Disclosure and Public Comment The Department will disclose calculations performed for this preliminary determination to the parties within five days of the date of public announcement of this determination in accordance with 19 CFR 351.224(b). Case briefs or other written comments for all non-scope issues may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the final verification report is issued in this proceeding, and rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.6 A table of contents, list of authorities used and an executive summary of issues should accompany any briefs submitted to the Department. This summary should be limited to five pages total, including footnotes. Interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, filed electronically using ACCESS. An electronically filed document must be received successfully in its entirety by the Department’s electronic records system, ACCESS, by 5:00 p.m. Eastern Time, within 30 days after the date of publication of this notice.7 Requests should contain the party’s name, address, and telephone number; the number of participants; and a list of the issues to be discussed. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a date, time and location to be determined. Parties will be notified of the date, time and location of any hearing. International Trade Commission Notification In accordance with section 703(f) of the Act, we will notify the International Trade Commission (‘‘ITC’’) of our determination. In addition, we are making available to the ITC all nonprivileged and non-proprietary information relating to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order, without the written 6 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 7 See 19 CFR 351.310(c). E:\FR\FM\08SEN1.SGM 08SEN1 62086 Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 / Notices consent of the Assistant Secretary for Enforcement and Compliance. In accordance with section 705(b)(2) of the Act, if our final determination is affirmative, the ITC will make its final determination within 45 days after the Department makes its final determination. This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act and 19 CFR 351.205(c). Dated: August 29, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. VII. Injury Test VIII. Application of CVD Law to Imports From the PRC IX. Subsidies Valuation X. Benchmarks XI. Use of Facts Otherwise Available and Adverse Inferences XII. Analysis of Programs XIII. Verification XIV. Conclusion [FR Doc. 2016–21483 Filed 9–7–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Appendix—List of Topics Discussed in the Preliminary Decision Memo I. Summary II. Background III. Alignment IV. Scope Comments V. Scope of the Investigation VI. Respondent Selection Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Reviews Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: Background Every five years, pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department of Commerce (‘‘the Department’’) and the International Trade Commission automatically initiate and conduct a review to determine whether revocation of a countervailing or antidumping duty order or termination of an investigation suspended under section 704 or 734 of the Act would be likely to lead to continuation or recurrence of dumping or a countervailable subsidy (as the case may be) and of material injury. Upcoming Sunset Reviews for October 2016 The following Sunset Reviews are scheduled for initiation in October 2016 and will appear in that month’s Notice of Initiation of Five-Year Sunset Review (‘‘Sunset Review’’). Department contact Antidumping Duty Proceedings Artist Canvas from China (A–570–899) (2nd Review) ................................................................................. Pure Magnesium from China (A–570–832) (4th Review) ............................................................................ Countervailing Duty Proceedings No Sunset Review of countervailing duty orders is scheduled for initiation in October 2016. mstockstill on DSK3G9T082PROD with NOTICES Suspended Investigations No Sunset Review of suspended investigations is scheduled for initiation in October 2016. The Department’s procedures for the conduct of Sunset Reviews are set forth in 19 CFR 351.218. The Notice of Initiation of Five-Year (‘‘Sunset’’) Reviews provides further information regarding what is required of all parties to participate in Sunset Reviews. Pursuant to 19 CFR 351.103(c), the Department will maintain and make available a service list for these proceedings. To facilitate the timely preparation of the service list(s), it is requested that those seeking recognition as interested parties to a proceeding contact the Department in writing within 10 days of the publication of the Notice of Initiation. Please note that if the Department receives a Notice of Intent to Participate from a member of the domestic industry within 15 days of the date of initiation, the review will continue. Thereafter, any interested party wishing to participate in the Sunset Review must provide substantive comments in response to the notice of initiation no VerDate Sep<11>2014 19:34 Sep 07, 2016 Jkt 238001 later than 30 days after the date of initiation. This notice is not required by statute but is published as a service to the international trading community. Dated: August 25, 2016. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2016–21662 Filed 9–7–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–810] Stainless Steel Bar From India: Final Results of Antidumping Duty Administrative Review; 2014–2015 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On March 10, 2016, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on stainless steel bar (SSB) from India. The period of review (POR) is February 1, 2014, through January 31, 2015. Based on comments received from interested parties, we have made changes to the preliminary results. The final dumping AGENCY: PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 David Goldberger (202) 482–4136. David Goldberger (202) 482–4136. margin for this review is listed in the ‘‘Final Results of the Review’’ section below. DATES: Effective September 8, 2016. FOR FURTHER INFORMATION CONTACT: Joseph Shuler, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone (202) 482–1293. SUPPLEMENTARY INFORMATION: Background Following the Preliminary Results,1 the Department issued an additional supplemental questionnaire to Bhansali Bright Bars Pvt. Ltd. (Bhansali) on March 20, 2015, and received a response on April 2, 2015.2 We received timely filed case and rebuttal briefs from Bhansali and North American Stainless and Valbruna Slater Stainless, Inc. (the 1 See Stainless Steel Bar From India: Preliminary Results, and Rescission, in Part, of Antidumping Duty Administrative Review; 2014–2015, 81 FR 12694 (March 10, 2016) (Preliminary Results). 2 See Letter from the Department to Bhansali, ‘‘Antidumping Duty Administrative Review of Stainless Steel Bar from India: Second Section D Supplemental Questionnaire,’’ dated March 25, 2016; see also Letter from Bhansali, ‘‘Bhansali Bright Bars Private Limited 2nd Supplemental Response to Section D of Antidumping Duty Questionnaire,’’ dated April 8, 2016. E:\FR\FM\08SEN1.SGM 08SEN1

Agencies

[Federal Register Volume 81, Number 174 (Thursday, September 8, 2016)]
[Notices]
[Pages 62084-62086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21483]


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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: Preliminary 
Affirmative Determination and Alignment of Final Determination With 
Final Antidumping Duty Determination

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

SUMMARY: The Department of Commerce (the ``Department'') preliminarily 
determines that countervailable subsidies are being provided to 
producers and exporters of 1-Hydroxyethylidene-1, 1-Diphosphonic Acid 
(``HEDP'') from the People's Republic of China (the ``PRC''). We invite 
interested parties to comment on this preliminary determination.

DATES: Effective September 8, 2016.

FOR FURTHER INFORMATION CONTACT: Javier Barrientos or Andrew Devine, 
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 
or 202.482.0238, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Investigation

    The merchandise covered by this investigation includes all grades 
of aqueous acidic (non-neutralized) concentrations of HEDP, also 
referred to as hydroxyethylidenendiphosphonic acid, 
hydroxyethanediphosphonic acid, acetodiphosphonic acid, and etidronic 
acid. The Chemical Abstract Service (``CAS'') 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 2931.90.9043. It may also enter under HTSUS 
subheadings 281.19.6090 and 2931.90.9041. While HTSUS subheadings and 
the CAS registry number are provided for convenience and customs 
purposes only, the written description of the scope of this 
investigation is dispositive.

Methodology

    The Department is conducting this countervailing duty (``CVD'') 
investigation in accordance with section 701 of the Tariff Act of 1930, 
as amended (the ``Act''). For a full description of the methodology 
underlying our preliminary conclusions, see the Preliminary Decision 
Memo.\1\ The Preliminary Decision Memo is a public document and is on 
file electronically via Enforcement & Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System 
(``ACCESS'').\2\

[[Page 62085]]

ACCESS is available to registered users at http://access.trade.gov, and 
is available to all parties in the Central Records Unit, room B8024 of 
the main Department of Commerce building. In addition, a complete 
version of the Preliminary Decision Memo can be accessed directly on 
the Internet at http://trade.gov/enforcement/frn/index.html. The signed 
Preliminary Decision Memo and the electronic versions of the 
Preliminary Decision Memo are identical in content.
---------------------------------------------------------------------------

    \1\ See Memorandum from Gary Taverman, Associate Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance, ``Countervailing Duty Investigation of 1-
Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's Republic 
of China: Decision Memorandum for the Preliminary Determination,'' 
dated concurrently with this notice (``Preliminary Decision Memo'').
    \2\ On November 24, 2014, Enforcement and Compliance changed the 
name of Enforcement and Compliance's AD and CVD Centralized 
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized 
Electronic Service System (``ACCESS''). The Web site location was 
changed from http://iaaccess.trade.gov to http://access.trade.gov. 
The Final Rule changing the references to the Regulations can be 
found at 79 FR 69046.
---------------------------------------------------------------------------

    In making these findings, we relied, in part, on facts available 
and, because one or more respondents did not act to the best of their 
ability to respond to the Department's requests for information, we 
drew an adverse inference where appropriate in selecting from among the 
facts otherwise available.\3\ For further information, see ``Use of 
Facts Otherwise Available and Adverse Inferences'' in the Preliminary 
Decision Memo.
---------------------------------------------------------------------------

    \3\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Alignment

    In accordance with section 705(a)(1) of the Act and 19 CFR 
351.210(b)(4), we are aligning the final CVD determination in this 
investigation with the final determination in the companion antidumping 
duty (``AD'') investigation of HEDP from the PRC.\4\ Consequently, the 
final CVD determination will be issued on the same date as the final AD 
determination, which is currently scheduled to be issued no later than 
January 10, 2017, unless postponed. See Preliminary Decision Memo.
---------------------------------------------------------------------------

    \4\ See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the 
People's Republic of China: Initiation of Less-
    Than-Fair-Value Investigation, 81 FR 25377 (April 28, 2016).
---------------------------------------------------------------------------

Preliminary Determination and Suspension of Liquidation

    In accordance with section 703(d)(1)(A)(i) of the Act, we 
calculated an estimated individual countervailable subsidy rate for 
each producer/exporter of the subject merchandise individually 
investigated. We preliminarily determine these rates to be:
---------------------------------------------------------------------------

    \5\ Including Jianghai Environmental Protection Co., Ltd.

------------------------------------------------------------------------
                                                               Subsidy
                          Company                                rate
------------------------------------------------------------------------
Shandong Taihe Chemicals Co., Ltd. (``Taihe Chemicals'')            2.37
 and Shandong Taihe Water Treatment Technologies Co., Ltd.
 (``Taihe Technologies'')..................................
Nanjing University of Chemical Technology Changzhou Wujin           1.04
 Water Quality Stabilizer Factory (``Wujin Water'')........
All Others \5\.............................................         1.71
* Changzhou Kewei Fine Chemicals Co., Ltd..................        36.33
* Hebei Longke Water Treatment Co., Ltd....................        36.33
* Shandong Huayou Chemistry Co., Ltd.......................        36.33
* Shandong Xintai Water Treatment Technology...............        36.33
* Zaozhuang Fuxing Water Treatment Technology..............        36.33
* Zaozhuang YouBang Chemicals Co., Ltd.....................        36.33
* Zouping Dongfang Chemical Industry Co., Ltd..............        36.33
------------------------------------------------------------------------
* Non-cooperative company to which an adverse facts available rate is
  being applied. See ``Use of Facts Otherwise Available and Adverse
  Inferences'' section in the Preliminary Decision Memorandum.

    In accordance with sections 703(d)(1)(B) and (2) of the Act, we are 
directing U.S. Customs and Border Protection to suspend liquidation of 
all entries of HEDP from the PRC that are entered, or withdrawn from 
warehouse, for consumption on or after the date of the publication of 
this notice in the Federal Register, and to require a cash deposit for 
such entries of merchandise in the amounts indicated above.
    In accordance with sections 703(d) and 705(c)(5)(A) of the Act, for 
companies not investigated, we apply an ``all-others'' rate, which is 
normally calculated by weighting the subsidy rates of the individual 
companies selected as mandatory respondents by those companies' exports 
of the subject merchandise to the United States. Under section 
705(c)(5)(i) of the Act, the all-others rate should exclude zero and de 
minimis rates calculated for the exporters and producers individually 
investigated as well as rates based entirely on facts otherwise 
available. Notwithstanding the language of section 705(c)(5)(A)(i) of 
the Act, we have not calculated the ``all-others'' rate by weight 
averaging the rates of the two individually investigated respondents, 
because doing so risks disclosure of proprietary information. 
Therefore, for the ``all-others'' rate, we calculated a simple average 
of the two responding firms' rates.

Disclosure and Public Comment

    The Department will disclose calculations performed for this 
preliminary determination to the parties within five days of the date 
of public announcement of this determination in accordance with 19 CFR 
351.224(b). Case briefs or other written comments for all non-scope 
issues may be submitted to the Assistant Secretary for Enforcement and 
Compliance no later than seven days after the date on which the final 
verification report is issued in this proceeding, and rebuttal briefs, 
limited to issues raised in case briefs, may be submitted no later than 
five days after the deadline date for case briefs.\6\ A table of 
contents, list of authorities used and an executive summary of issues 
should accompany any briefs submitted to the Department. This summary 
should be limited to five pages total, including footnotes.
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
filed electronically using ACCESS. An electronically filed document 
must be received successfully in its entirety by the Department's 
electronic records system, ACCESS, by 5:00 p.m. Eastern Time, within 30 
days after the date of publication of this notice.\7\ Requests should 
contain the party's name, address, and telephone number; the number of 
participants; and a list of the issues to be discussed. If a request 
for a hearing is made, the Department intends to hold the hearing at 
the U.S. Department of Commerce, 14th Street and Constitution Avenue 
NW., Washington, DC 20230, at a date, time and location to be 
determined. Parties will be notified of the date, time and location of 
any hearing.
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 703(f) of the Act, we will notify the 
International Trade Commission (``ITC'') of our determination. In 
addition, we are making available to the ITC all non-privileged and 
non-proprietary information relating to this investigation. We will 
allow the ITC access to all privileged and business proprietary 
information in our files, provided the ITC confirms that it will not 
disclose such information, either publicly or under an administrative 
protective order, without the written

[[Page 62086]]

consent of the Assistant Secretary for Enforcement and Compliance.
    In accordance with section 705(b)(2) of the Act, if our final 
determination is affirmative, the ITC will make its final determination 
within 45 days after the Department makes its final determination.
    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: August 29, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision Memo

I. Summary
II. Background
III. Alignment
IV. Scope Comments
V. Scope of the Investigation
VI. Respondent Selection
VII. Injury Test
VIII. Application of CVD Law to Imports From the PRC
IX. Subsidies Valuation
X. Benchmarks
XI. Use of Facts Otherwise Available and Adverse Inferences
XII. Analysis of Programs
XIII. Verification
XIV. Conclusion

[FR Doc. 2016-21483 Filed 9-7-16; 8:45 am]
 BILLING CODE 3510-DS-P