1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's Republic of China: Final Determination of Sales at Less Than Fair Value, 14876-14879 [2017-05805]

Download as PDF 14876 Federal Register / Vol. 82, No. 55 / Thursday, March 23, 2017 / Notices International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the U.S. International Trade Commission (‘‘ITC’’) of our final determination. As our final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will determine within 45 days of the final determination whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports, or sales (or the likelihood of sales) for importation, of the subject merchandise. If the ITC determines that such injury exists, the Department will issue an antidumping duty order directing CBP to assess, upon further-instruction by the Department, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding Administrative Protective Orders (‘‘APOs’’) This notice will serve as a reminder to parties subject to APOs 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 destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the-regulations and the terms of an APO is a sanctionable violation. This determination and notice are issued and published in accordance with sections 735(d) and 777(i) of the Act. Dated: March 16, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. sradovich on DSK3GMQ082PROD with NOTICES Appendix List of Topics in the Issues and Decision Memorandum I. Summary II. List of Issues III. Background IV. Scope of the Investigation V. Discussion of the Issues Comment 1: Whether the Department Should Use Contract Date as the Date of Sale for Korvan’s Sales to one of its U.S. Customers Comment 2: Duty Drawback Comment 3: Whether the Department Should Continue to Treat Korvan’s Separate Home Market Sale of KorvanProduced and Korvan-Purchased Ferrovanadium as a Separate Sales Comment 4: Whether the Department Should Apply Its Standard Average-To- VerDate Sep<11>2014 17:13 Mar 22, 2017 Jkt 241001 Average Method Calculating the Margin in the Final Determination Comment 5: Whether the Department Made Certain Ministerial Errors in its Calculations Comment 6: General and administrative (G&A) Expenses Comment 7: Financial Expenses Comment 8: Whether to Continue to Apply a Quarterly Cost Methodology V. Recommendation [FR Doc. 2017–05808 Filed 3–22–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–045] 1-Hydroxyethylidene-1, 1Diphosphonic Acid From the People’s Republic of China: Final Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) determines that 1Hydroxyethylidene-1, 1-Diphosphonic Acid (HEDP) from the People’s Republic of China (PRC) is being, or is likely to be, sold in the United States at less than fair value (LTFV). The final weightedaverage dumping margins for the investigation on HEDP from the PRC are listed in the ‘‘Final Determination Margins’’ section of this notice. DATES: Effective March 23, 2017. FOR FURTHER INFORMATION CONTACT: Omar Qureshi or Kenneth Hawkins, AD/ CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–5307 or (202) 482–6491, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Period of Investigation The period of investigation (POI) is July 1, 2015, through December 31, 2015. This period corresponds to the two most recent fiscal quarters prior to the month of the filing of the petition, which was January 2016.3 Scope of the Investigation The merchandise covered by this investigation includes all grades of aqueous acidic (non-neutralized) concentrations of 1-hydroxyethylidene1, 1-diphosphonic acid (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 2811.19.6090 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. Background On November 4, 2016, the Department published its Preliminary Determination.1 We invited interested parties to comment on our Preliminary Determination of sales at LTFV. For a list of the parties that filed case and rebuttal briefs, see the Issues and Decision Memorandum.2 Analysis of Comments Received We addressed all issues raised by parties in case and rebuttal briefs in the Issues and Decision Memorandum.4 The Appendix to this notice includes a list of the issues which the parties raised and to which the Department responded in the Issues and Decision Memorandum. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov. The Issues and Decision Memorandum 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 Issues and Decision Memorandum is available at http:// enforcement.trade.gov/frn/index.html. The signed and electronic versions of 1 See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the People’s Republic of China: Affirmative Preliminary Determination of Sales at Less Than Fair Value, and Postponement of Final Determination, 81 FR 76916 (November 4, 2016) (Preliminary Determination) and accompanying Preliminary Decision Memorandum. 2 See Memorandum from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, ‘‘Issues and Decision Memorandum for the Final Determination of the Less-Than-Fair-Value Investigation of 1Hydroxyethylidene-1, 1-Diphosphonic Acid from the People’s Republic of China,’’ dated concurrently with this notice (Issues and Decision Memorandum). 3 See 19 CFR 351.204(b)(1). 4 See Issues and Decision Memorandum. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\23MRN1.SGM 23MRN1 Federal Register / Vol. 82, No. 55 / Thursday, March 23, 2017 / Notices the Issues and Decision Memorandum are identical in content. surrogate value for Taihe and WW Group. Verification As provided in section 782(i) of the Act, in December 2016, the Department conducted verification of the information submitted by Shandong Taihe Chemical Co., Ltd. (Taihe), Nanjing University of Chemical Technology Changzhou Wujin Water Quality Stabilizer Factory and Nantong Uniphos Chemicals Co., Ltd. (collectively, WW Group) for use in the final determination. We issued our verification reports on January 19, 2017.5 The Department used standard verification procedures, including examination of relevant accounting and production records and original source documents provided by respondents.6 PRC-Wide Entity As explained in the Preliminary Determination, we are applying a rate based entirely on adverse facts available (AFA) to the PRC-wide entity. The Department did not receive timely responses to its quantity and value (Q&V) questionnaire or separate rate applications from certain PRC exporters and/or producers of subject merchandise that were named in the petition and to which the Department issued Q&V questionnaires.7 As these non-responsive PRC companies did not demonstrate that they are eligible for separate rate status, the Department continues to consider them to be part of the PRC-wide entity. Further, because these non-responsive companies withheld requested information, significantly impeded the proceeding, and failed to cooperate to the best of their abilities, we are basing the PRCwide entity rate on AFA. sradovich on DSK3GMQ082PROD with NOTICES Changes Since the Preliminary Determination Based on the Department’s verifications of Taihe and WW Group, we made changes from the Preliminary Determination. For WW Group, the Department classified the company’s joint-product as a co-product. Additionally, we made a change to the calculation of inventory carrying costs and irrecoverable value-added tax. For Taihe, the Department did not use a net realizable value calculation in Taihe’s margin calculation. Additionally, for Taihe, we included inventory carrying costs for all sales where warehousing expenses were reported. The Department also included indirect selling expenses in Taihe’s margin calculation. The Department also made the necessary calculation adjustment to international freight, domestic brokerage, and domestic inland freight where the expenses are calculated on a gross weight basis for both Taihe and WW Group. Lastly, the Department made the necessary calculation adjustment for marine insurance 5 See the Department’s two memoranda regarding: ‘‘Verification of the Questionnaire Responses of Shandong Taihe Chemical Co., Ltd. in the Antidumping Investigation of HEDP from the People’s Republic of China’’ (January 19, 2017) (Taihe Verification Report); and ‘‘Verification of the Questionnaire Responses of the WW Group in the Antidumping Investigation of 1-Hydroxyethylidene1, 1-Diphosphonic Acid (‘‘HEDP’’) from the People’s Republic of China’’ (January 19, 2017) (WW Group’s Verification Report). 5 Id. 6 Id. 7 See Preliminary Determination, and accompanying Preliminary Decision Memorandum at 16–17 (Separate Rate). VerDate Sep<11>2014 17:13 Mar 22, 2017 Jkt 241001 PRC-Wide Rate In selecting the AFA rate for the PRCwide entity, the Department’s practice is to select a rate that is sufficiently adverse to ensure that the uncooperative party does not obtain a more favorable result by failing to cooperate than if it had fully cooperated.8 Specifically, it is the Department’s practice to select, as an AFA rate, the higher of: (a) The highest dumping margin alleged in the petition; or, (b) the highest calculated dumping margin of any respondent in the investigation.9 As AFA, the Department has assigned to the PRCwide entity the rate of 184.01 percent, which is the highest calculated dumping margin of any respondent in the investigation. 14877 the context of non-market economy cases, the Department looks to section 735(c)(5)(A)–(B) of the Tariff Act of 1930, (as amended) (the Act), which provides instructions for calculating the all-others rate in an investigation. Section 735(c)(5)(A) of the Act provides that the estimated all-others rate shall be equivalent to the weighted average of the estimated weighted-average dumping margins calculated for exporters and producers individually investigated, excluding any margins that are zero, de minimis, or based entirely on facts available. Section 735(c)(5)(B) of the Act provides that where all individually investigated exporters or producers receive rates that are zero, de minimis, or based entirely on facts available, then the Department may use ‘‘any reasonable method’’ to establish the all-others rate for those companies not individually investigated. Apart from the mandatory respondents in this investigation, two other PRC exporters of the subject merchandise during the POI established entitlement to a separate rate.10 Thus, separate rates are being assigned in this segment to Jianghai Environmental Protection Co., Ltd. (Jianghai) and Henan Qingshuiyuan Technology Co., Ltd. (Qingshuiyuan). There currently exist no individually investigated respondents that have failed to cooperate in this investigation, and there are no zero or de minimis margins. Therefore, we are continuing to determine the separate rate for nonselected companies (Jianghai and Qingshuiyuan) based on a weighted average of the calculated rates determined for the mandatory respondents,11 in accordance with section 735(c)(5)(A) of the Act. Final Determination Non-Selected Separate Rate In calculating rates for nonindividually investigated respondents in The Department determines that the estimated final weighted-average dumping margins are as follows: 8 See, e.g., Notice of Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination: Purified Carboxymethylcellulose from Finland, 69 FR 77216 (December 27, 2004), unchanged in Notice of Final Determination of Sales at Less Than Fair Value: Purified Carboxymethylcellulose from Finland, 70 FR 28279 (May 17, 2005). 9 See, e.g., Certain Stilbenic Optical Brightening Agents from the People’s Republic of China: Final Determination of Sales at Less Than Fair Value, 77 FR 17436, 17438 (March 26, 2012); Final Determination of Sales at Less Than Fair Value: Certain Cold-Rolled Flat-Rolled Carbon Quality Steel Products from the People’s Republic of China, 65 FR 34660 (May 31, 2000), and accompanying Issues and Decision Memorandum. 10 See Preliminary Decision. 11 We have calculated (A) a weighted-average of the dumping margins calculated for the mandatory respondents; (B) a simple average of the dumping margins calculated for the mandatory respondents; and (C) a weighted-average of the dumping margins calculated for the mandatory respondents using each company’s publicly-ranged values for the merchandise under consideration. We compared (B) and (C) to (A) and selected the rate closest to (A). Accordingly, we selected (C) as the most appropriate rate for all other companies. See Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\23MRN1.SGM 23MRN1 14878 Federal Register / Vol. 82, No. 55 / Thursday, March 23, 2017 / Notices Weighted-average dumping margin (percent) Cash deposit rate (percent) 184.01 184.01 167.58 167.28 Henan Qingshuiyuan Technology Co., Ltd ............ Jianghai Environmental Protection Co., Ltd .......... 179.76 179.76 179.46 179.46 ................................................................................. 184.01 184.01 Producer Exporter Nanjing University of Chemical Technology Changzhou Wujin Water Quality Stabilizer Factory. Shandong Taihe Water Treatment Technologies Co., Ltd. Henan Qingshuiyuan Technology Co., Ltd ............ Jianghai Environmental Protection Co., Ltd ........... Nanjing University of Chemical Technology Changzhou Wujin Water Quality Stabilizer Factory and Nantong Uniphos Chemicals Co., Ltd. Shandong Taihe Chemicals Co., Ltd ..................... PRC-Wide Entity .............................................. sradovich on DSK3GMQ082PROD with NOTICES Disclosure We intend to disclose to parties the calculations performed in this proceeding within five days of any public announcement of this notice in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of HEDP from the PRC, as described in the ‘‘Scope of the Investigation’’ section, entered, or withdrawn from warehouse, for consumption on or after November 4, 2016, the date of publication of the Preliminary Determination notice in the Federal Register. Pursuant to section 735(c)(1)(B)(ii) of the Act, the Department will instruct CBP to require a cash deposit 12 equal to the weighted-average amount by which NV exceeds U.S. price as follows: (1) The cash deposit rate for the exporter/ producer combination listed in the table above will be the rate identified for that combination in the table; (2) for all combinations of PRC exporters/ producers of merchandise under consideration that have not received their own separate rate above, the cashdeposit rate will be the cash deposit rate established for the PRC-wide entity; and (3) for all non-PRC exporters of the merchandise under consideration which have not received their own separate rate above, the cash-deposit rate will be the cash deposit rate applicable to the PRC exporter/producer combination that supplied that non-PRC exporter. These suspension of liquidation instructions will remain in effect until further notice. We normally adjust antidumping duty cash deposit rates by the amount of export subsidies, where appropriate. In 12 See Modification of Regulations Regarding the Practice of Accepting Bonds During the Provisional Measures Period in Antidumping and Countervailing Duty Investigations, 76 FR 61042 (October 3, 2011). VerDate Sep<11>2014 17:13 Mar 22, 2017 Jkt 241001 the companion CVD investigation, we have found that the WW Group did not receive export subsidies.13 Therefore, no offset to the WW Group’s cash deposit rate for export subsidies is necessary.14 With respect to Taihe, because its countervailing duty rate in the companion investigation included an amount for export subsidies, an offset of 0.30 percent will be made to its cash deposit rate.15 With respect to the separate-rate companies, we find that an export subsidy adjustment of 0.30 percent to the cash deposit rate is warranted because this is the export subsidy rate included in the countervailing duty ‘‘all others’’ rate to which the separate-rate companies are subject. For the PRC-wide entity, which received an adverse facts available rate in this preliminary determination, as an extension of the adverse inference found necessary pursuant to section 776(b) of the Act, the Department has not adjusted the PRC-wide entity’s AD cash deposit rate by the lowest export subsidy rate determined for any party in the companion CVD proceeding, because the lowest export subsidy rate determined in the companion CVD proceeding is 0.00 percent.16 17 Pursuant to section 777A(f) of the Act, we normally adjust preliminary cash deposit rates for estimated domestic subsidy pass-through, where appropriate. However, in this case there is no basis to grant a domestic subsidy pass-through adjustment.18 13 See Countervailing Duty Investigation of 1Hydroxyethylidene-1, 1-Diphosphonic Acid from the People’s Republic of China: Final Affirmative Determination and Alignment of Final Determination with Final Antidumping Duty Determination, filed concurrently with this notice. 14 Id. 15 Id. 16 See, e.g., Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China: Preliminary Determination of Sales at Less Than Fair Value; Preliminary Affirmative Determination of Critical Circumstances; In Part and Postponement of Final Determination, 80 FR 4250 (January 27, 2015), and accompanying Issues and Decision Memorandum at 35. 17 See HEDP CVD Prelim at 81 FR 62085. 18 See Preliminary Decision Memorandum at 28– 29. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 International Trade Commission Notification In accordance with section 735(d) of the Act, we notified the International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. As the Department’s final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will determine, within 45 days, whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of HEDP for sale from the PRC, or sales (or the likelihood of sales) for importation, of HEDP from the PRC. If the ITC determines that such injury does not exist, this proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess, upon further instruction by the Department, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Return or Destruction of Proprietary Information This notice also serves as a reminder to the parties subject to administrative protective order (APO) of their responsibility concerning the disposition of propriety information disclosed under APO in accordance with 19 CFR 351.305. Timely written notification of 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 sanctionable violation. This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act. E:\FR\FM\23MRN1.SGM 23MRN1 Federal Register / Vol. 82, No. 55 / Thursday, March 23, 2017 / Notices Dated: March 20, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix—Issues and Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope of the Investigation V. Scope Comments VI. Changes Since the Preliminary Determination VII. List of Issues VIII. Discussion of Comments General Issues: Comment 1: Selection of Surrogate Country Comment 2: Selection of Surrogate Final Ratios and Use of CYDSA’s Financial Statement Comment 3: Treatment of Joint Product Comment 4: Treatment of Water Comment 5: Net Versus Gross Weight Comment 6: Surrogate Value for Marine Insurance Comment 7: Recalculating Marine Insurance by Using Gross Unit Price Comment 8: Consideration of FOPs as Overhead Comment 9: Partial Rejection of Petitioner’s SV Submissions Comment 10: Selection of Voluntary Respondent Comment 11: Surrogate Value for Ocean Freight Comment 12: Converting Expense for INVCARU Comment 13: Surrogate Value for PCl3 Comment 14: Adjustment of Import Statistics Company-Specific Issues: Taihe Comment 15: Taihe’s Movement Expenses Company-Specific Issues: WW Group Comment 16: Conversion Calculation for Water Surrogate Value Comment 17: Adjustment of Irrecoverable VAT IX. Conclusion [FR Doc. 2017–05805 Filed 3–22–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology [Docket No.: 170221188–7188–01] sradovich on DSK3GMQ082PROD with NOTICES RIN 0693–XC072 National Cybersecurity Center of Excellence (NCCoE) Capabilities Assessment for Securing Manufacturing Industrial Control Systems for the Manufacturing Sector National Institute of Standards and Technology, Department of Commerce. ACTION: Notice. AGENCY: The National Institute of Standards and Technology (NIST) SUMMARY: VerDate Sep<11>2014 17:13 Mar 22, 2017 Jkt 241001 invites organizations to provide products and technical expertise to support and demonstrate security platforms for the Capabilities Assessment for Securing Manufacturing Industrial Control Systems. This notice is the initial step for the National Cybersecurity Center of Excellence (NCCoE) in collaborating with technology companies to address cybersecurity challenges identified under the Manufacturing sector program. Participation in the Capabilities Assessment for Securing Manufacturing Industrial Control Systems use case is open to all interested organizations. DATES: Interested parties must contact NIST to request a letter of interest template to be completed and submitted to NIST. Letters of interest will be accepted on a first come, first served basis. Collaborative activities will commence as soon as enough completed and signed letters of interest have been returned to address all the necessary components and capabilities of the project, but no earlier than April 24, 2017. When the use case has been completed, NIST will post a notice on the NCCoE Manufacturing sector program Web site at https:// nccoe.nist.gov/projects/use_cases/ manufacturing announcing the completion of the use case and informing the public that it will no longer accept letters of interest for the Capabilities Assessment for Securing Manufacturing Industrial Control Systems use case. ADDRESSES: The NCCoE is located at 9700 Great Seneca Highway, Rockville, MD 20850. Letters of interest must be submitted to manufacturing_nccoe@ nist.gov, or via hardcopy to National Institute of Standards and Technology, NCCoE; 9700 Great Seneca Highway, Rockville, MD 20850. Organizations whose letters of interest are accepted in accordance with the process set forth in the SUPPLEMENTARY INFORMATION section of this notice will be asked to sign a Cooperative Research and Development Agreement (CRADA) with NIST. A CRADA template can be found at: https://nccoe.nist.gov/library/nccoeconsortium-crada-example. FOR FURTHER INFORMATION CONTACT: Jim McCarthy via email at James.McCarthy@ nist.gov; by telephone at 301–975–0228; or by mail to National Institute of Standards and Technology, NCCoE, 9700 Great Seneca Highway, Rockville, MD 20850. Additional details about the Manufacturing sector program can be found here: https://nccoe.nist.gov/ projects/use_cases/manufacturing. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 14879 Background: The NCCoE, part of NIST, is a public-private collaboration for accelerating the widespread adoption of integrated cybersecurity tools and technologies. The NCCoE brings together experts from industry, government, and academia under one roof to develop practical, interoperable cybersecurity approaches that address the real-world needs of complex Information Technology (IT) systems. By accelerating dissemination and use of these integrated tools and technologies for protecting IT assets, the NCCoE will enhance trust in U.S. IT communications, data, and storage systems; reduce risk for companies and individuals using IT systems; and encourage development of innovative, job-creating cybersecurity products and services. Process: NIST is soliciting responses from all sources of relevant security capabilities (see below) to enter into a Cooperative Research and Development Agreement (CRADA) to provide products and technical expertise to support and demonstrate security platforms for the Capabilities Assessment for Securing Manufacturing Industrial Control Systems for the Manufacturing sector. The full Capabilities Assessment for Securing Manufacturing Industrial Control Systems use case can be viewed here: https://nccoe.nist.gov/projects/use_ cases/capabilities-assessment-securingmanufacturing-industrial-controlsystems. Interested parties should contact NIST using the information provided in the FOR FURTHER INFORMATION CONTACT section of this notice. NIST will then provide each interested party with a letter of interest template, which the party must complete, certify that it is accurate, and submit to NIST. NIST will contact interested parties if there are questions regarding the responsiveness of the letters of interest to the use case objective or requirements identified below. NIST will select participants who have submitted complete letters of interest on a first come, first served basis within each category of product components or capabilities listed below up to the number of participants in each category necessary to carry out this use case. However, there may be continuing opportunities to participate even after initial activity commences. Selected participants will be required to enter into a consortium CRADA with NIST (for reference, see ADDRESSES section above). NIST published a notice in the Federal Register on October 19, 2012 (77 FR 64314) inviting U.S. companies to enter into National Cybersecurity Excellence Partnerships (NCEPs) in E:\FR\FM\23MRN1.SGM 23MRN1

Agencies

[Federal Register Volume 82, Number 55 (Thursday, March 23, 2017)]
[Notices]
[Pages 14876-14879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05805]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-045]


1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's 
Republic of China: Final Determination of Sales at Less Than Fair Value

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

SUMMARY: The Department of Commerce (Department) determines that 1-
Hydroxyethylidene-1, 1-Diphosphonic Acid (HEDP) from the People's 
Republic of China (PRC) is being, or is likely to be, sold in the 
United States at less than fair value (LTFV). The final weighted-
average dumping margins for the investigation on HEDP from the PRC are 
listed in the ``Final Determination Margins'' section of this notice.

DATES: Effective March 23, 2017.

FOR FURTHER INFORMATION CONTACT: Omar Qureshi or Kenneth Hawkins, AD/
CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-5307 or (202) 
482-6491, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On November 4, 2016, the Department published its Preliminary 
Determination.\1\ We invited interested parties to comment on our 
Preliminary Determination of sales at LTFV. For a list of the parties 
that filed case and rebuttal briefs, see the Issues and Decision 
Memorandum.\2\
---------------------------------------------------------------------------

    \1\ See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the 
People's Republic of China: Affirmative Preliminary Determination of 
Sales at Less Than Fair Value, and Postponement of Final 
Determination, 81 FR 76916 (November 4, 2016) (Preliminary 
Determination) and accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum from Gary Taverman, Associate Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for 
Enforcement and Compliance, ``Issues and Decision Memorandum for the 
Final Determination of the Less-Than-Fair-Value Investigation of 1-
Hydroxyethylidene-1, 1-Diphosphonic Acid from the People's Republic 
of China,'' dated concurrently with this notice (Issues and Decision 
Memorandum).
---------------------------------------------------------------------------

Period of Investigation

    The period of investigation (POI) is July 1, 2015, through December 
31, 2015. This period corresponds to the two most recent fiscal 
quarters prior to the month of the filing of the petition, which was 
January 2016.\3\
---------------------------------------------------------------------------

    \3\ See 19 CFR 351.204(b)(1).
---------------------------------------------------------------------------

Scope of the Investigation

    The merchandise covered by this investigation includes all grades 
of aqueous acidic (non-neutralized) concentrations of 1-
hydroxyethylidene-1, 1-diphosphonic acid (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 2811.19.6090 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.

Analysis of Comments Received

    We addressed all issues raised by parties in case and rebuttal 
briefs in the Issues and Decision Memorandum.\4\ The Appendix to this 
notice includes a list of the issues which the parties raised and to 
which the Department responded in the Issues and Decision Memorandum. 
The Issues and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov. The 
Issues and Decision Memorandum 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 Issues and Decision 
Memorandum is available at http://enforcement.trade.gov/frn/index.html. 
The signed and electronic versions of

[[Page 14877]]

the Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \4\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------

Verification

    As provided in section 782(i) of the Act, in December 2016, the 
Department conducted verification of the information submitted by 
Shandong Taihe Chemical Co., Ltd. (Taihe), Nanjing University of 
Chemical Technology Changzhou Wujin Water Quality Stabilizer Factory 
and Nantong Uniphos Chemicals Co., Ltd. (collectively, WW Group) for 
use in the final determination. We issued our verification reports on 
January 19, 2017.\5\ The Department used standard verification 
procedures, including examination of relevant accounting and production 
records and original source documents provided by respondents.\6\
---------------------------------------------------------------------------

    \5\ See the Department's two memoranda regarding: ``Verification 
of the Questionnaire Responses of Shandong Taihe Chemical Co., Ltd. 
in the Antidumping Investigation of HEDP from the People's Republic 
of China'' (January 19, 2017) (Taihe Verification Report); and 
``Verification of the Questionnaire Responses of the WW Group in the 
Antidumping Investigation of 1-Hydroxyethylidene-1, 1-Diphosphonic 
Acid (``HEDP'') from the People's Republic of China'' (January 19, 
2017) (WW Group's Verification Report).
    \5\ Id.
    \6\ Id.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on the Department's verifications of Taihe and WW Group, we 
made changes from the Preliminary Determination. For WW Group, the 
Department classified the company's joint-product as a co-product. 
Additionally, we made a change to the calculation of inventory carrying 
costs and irrecoverable value-added tax.
    For Taihe, the Department did not use a net realizable value 
calculation in Taihe's margin calculation. Additionally, for Taihe, we 
included inventory carrying costs for all sales where warehousing 
expenses were reported. The Department also included indirect selling 
expenses in Taihe's margin calculation.
    The Department also made the necessary calculation adjustment to 
international freight, domestic brokerage, and domestic inland freight 
where the expenses are calculated on a gross weight basis for both 
Taihe and WW Group. Lastly, the Department made the necessary 
calculation adjustment for marine insurance surrogate value for Taihe 
and WW Group.

PRC-Wide Entity

    As explained in the Preliminary Determination, we are applying a 
rate based entirely on adverse facts available (AFA) to the PRC-wide 
entity. The Department did not receive timely responses to its quantity 
and value (Q&V) questionnaire or separate rate applications from 
certain PRC exporters and/or producers of subject merchandise that were 
named in the petition and to which the Department issued Q&V 
questionnaires.\7\ As these non-responsive PRC companies did not 
demonstrate that they are eligible for separate rate status, the 
Department continues to consider them to be part of the PRC-wide 
entity. Further, because these non-responsive companies withheld 
requested information, significantly impeded the proceeding, and failed 
to cooperate to the best of their abilities, we are basing the PRC-wide 
entity rate on AFA.
---------------------------------------------------------------------------

    \7\ See Preliminary Determination, and accompanying Preliminary 
Decision Memorandum at 16-17 (Separate Rate).
---------------------------------------------------------------------------

PRC-Wide Rate

    In selecting the AFA rate for the PRC-wide entity, the Department's 
practice is to select a rate that is sufficiently adverse to ensure 
that the uncooperative party does not obtain a more favorable result by 
failing to cooperate than if it had fully cooperated.\8\ Specifically, 
it is the Department's practice to select, as an AFA rate, the higher 
of: (a) The highest dumping margin alleged in the petition; or, (b) the 
highest calculated dumping margin of any respondent in the 
investigation.\9\ As AFA, the Department has assigned to the PRC-wide 
entity the rate of 184.01 percent, which is the highest calculated 
dumping margin of any respondent in the investigation.
---------------------------------------------------------------------------

    \8\ See, e.g., Notice of Preliminary Determination of Sales at 
Less Than Fair Value and Postponement of Final Determination: 
Purified Carboxymethylcellulose from Finland, 69 FR 77216 (December 
27, 2004), unchanged in Notice of Final Determination of Sales at 
Less Than Fair Value: Purified Carboxymethylcellulose from Finland, 
70 FR 28279 (May 17, 2005).
    \9\ See, e.g., Certain Stilbenic Optical Brightening Agents from 
the People's Republic of China: Final Determination of Sales at Less 
Than Fair Value, 77 FR 17436, 17438 (March 26, 2012); Final 
Determination of Sales at Less Than Fair Value: Certain Cold-Rolled 
Flat-Rolled Carbon Quality Steel Products from the People's Republic 
of China, 65 FR 34660 (May 31, 2000), and accompanying Issues and 
Decision Memorandum.
---------------------------------------------------------------------------

Non-Selected Separate Rate

    In calculating rates for non-individually investigated respondents 
in the context of non-market economy cases, the Department looks to 
section 735(c)(5)(A)-(B) of the Tariff Act of 1930, (as amended) (the 
Act), which provides instructions for calculating the all-others rate 
in an investigation. Section 735(c)(5)(A) of the Act provides that the 
estimated all-others rate shall be equivalent to the weighted average 
of the estimated weighted-average dumping margins calculated for 
exporters and producers individually investigated, excluding any 
margins that are zero, de minimis, or based entirely on facts 
available. Section 735(c)(5)(B) of the Act provides that where all 
individually investigated exporters or producers receive rates that are 
zero, de minimis, or based entirely on facts available, then the 
Department may use ``any reasonable method'' to establish the all-
others rate for those companies not individually investigated.
    Apart from the mandatory respondents in this investigation, two 
other PRC exporters of the subject merchandise during the POI 
established entitlement to a separate rate.\10\ Thus, separate rates 
are being assigned in this segment to Jianghai Environmental Protection 
Co., Ltd. (Jianghai) and Henan Qingshuiyuan Technology Co., Ltd. 
(Qingshuiyuan). There currently exist no individually investigated 
respondents that have failed to cooperate in this investigation, and 
there are no zero or de minimis margins. Therefore, we are continuing 
to determine the separate rate for non-selected companies (Jianghai and 
Qingshuiyuan) based on a weighted average of the calculated rates 
determined for the mandatory respondents,\11\ in accordance with 
section 735(c)(5)(A) of the Act.
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    \10\ See Preliminary Decision.
    \11\ We have calculated (A) a weighted-average of the dumping 
margins calculated for the mandatory respondents; (B) a simple 
average of the dumping margins calculated for the mandatory 
respondents; and (C) a weighted-average of the dumping margins 
calculated for the mandatory respondents using each company's 
publicly-ranged values for the merchandise under consideration. We 
compared (B) and (C) to (A) and selected the rate closest to (A). 
Accordingly, we selected (C) as the most appropriate rate for all 
other companies. See Ball Bearings and Parts Thereof from France, 
Germany, Italy, Japan, and the United Kingdom: Final Results of 
Antidumping Duty Administrative Reviews, Final Results of Changed-
Circumstances Review, and Revocation of an Order in Part, 75 FR 
53661, 53663 (September 1, 2010).
---------------------------------------------------------------------------

Final Determination

    The Department determines that the estimated final weighted-average 
dumping margins are as follows:

[[Page 14878]]



----------------------------------------------------------------------------------------------------------------
                                                                             Weighted-average
                  Producer                              Exporter              dumping margin   Cash deposit rate
                                                                                (percent)           (percent)
----------------------------------------------------------------------------------------------------------------
Nanjing University of Chemical Technology    Nanjing University of                     184.01             184.01
 Changzhou Wujin Water Quality Stabilizer     Chemical Technology
 Factory.                                     Changzhou Wujin Water
                                              Quality Stabilizer Factory
                                              and Nantong Uniphos
                                              Chemicals Co., Ltd.
Shandong Taihe Water Treatment Technologies  Shandong Taihe Chemicals Co.,             167.58             167.28
 Co., Ltd.                                    Ltd.
Henan Qingshuiyuan Technology Co., Ltd.....  Henan Qingshuiyuan Technology             179.76             179.46
                                              Co., Ltd.
Jianghai Environmental Protection Co., Ltd.  Jianghai Environmental                    179.76             179.46
                                              Protection Co., Ltd.
----------------------------------------------------------------------------------------------------------------
    PRC-Wide Entity........................  .............................             184.01             184.01
----------------------------------------------------------------------------------------------------------------

Disclosure

    We intend to disclose to parties the calculations performed in this 
proceeding within five days of any public announcement of this notice 
in accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all entries of HEDP from the PRC, as described 
in the ``Scope of the Investigation'' section, entered, or withdrawn 
from warehouse, for consumption on or after November 4, 2016, the date 
of publication of the Preliminary Determination notice in the Federal 
Register.
    Pursuant to section 735(c)(1)(B)(ii) of the Act, the Department 
will instruct CBP to require a cash deposit \12\ equal to the weighted-
average amount by which NV exceeds U.S. price as follows: (1) The cash 
deposit rate for the exporter/producer combination listed in the table 
above will be the rate identified for that combination in the table; 
(2) for all combinations of PRC exporters/producers of merchandise 
under consideration that have not received their own separate rate 
above, the cash-deposit rate will be the cash deposit rate established 
for the PRC-wide entity; and (3) for all non-PRC exporters of the 
merchandise under consideration which have not received their own 
separate rate above, the cash-deposit rate will be the cash deposit 
rate applicable to the PRC exporter/producer combination that supplied 
that non-PRC exporter. These suspension of liquidation instructions 
will remain in effect until further notice.
---------------------------------------------------------------------------

    \12\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
---------------------------------------------------------------------------

    We normally adjust antidumping duty cash deposit rates by the 
amount of export subsidies, where appropriate. In the companion CVD 
investigation, we have found that the WW Group did not receive export 
subsidies.\13\ Therefore, no offset to the WW Group's cash deposit rate 
for export subsidies is necessary.\14\ With respect to Taihe, because 
its countervailing duty rate in the companion investigation included an 
amount for export subsidies, an offset of 0.30 percent will be made to 
its cash deposit rate.\15\ With respect to the separate-rate companies, 
we find that an export subsidy adjustment of 0.30 percent to the cash 
deposit rate is warranted because this is the export subsidy rate 
included in the countervailing duty ``all others'' rate to which the 
separate-rate companies are subject. For the PRC-wide entity, which 
received an adverse facts available rate in this preliminary 
determination, as an extension of the adverse inference found necessary 
pursuant to section 776(b) of the Act, the Department has not adjusted 
the PRC-wide entity's AD cash deposit rate by the lowest export subsidy 
rate determined for any party in the companion CVD proceeding, because 
the lowest export subsidy rate determined in the companion CVD 
proceeding is 0.00 percent.\16\ \17\
---------------------------------------------------------------------------

    \13\ See Countervailing Duty Investigation of 1-
Hydroxyethylidene-1, 1-Diphosphonic Acid from the People's Republic 
of China: Final Affirmative Determination and Alignment of Final 
Determination with Final Antidumping Duty Determination, filed 
concurrently with this notice.
    \14\ Id.
    \15\ Id.
    \16\ See, e.g., Certain Passenger Vehicle and Light Truck Tires 
from the People's Republic of China: Preliminary Determination of 
Sales at Less Than Fair Value; Preliminary Affirmative Determination 
of Critical Circumstances; In Part and Postponement of Final 
Determination, 80 FR 4250 (January 27, 2015), and accompanying 
Issues and Decision Memorandum at 35.
    \17\ See HEDP CVD Prelim at 81 FR 62085.
---------------------------------------------------------------------------

    Pursuant to section 777A(f) of the Act, we normally adjust 
preliminary cash deposit rates for estimated domestic subsidy pass-
through, where appropriate. However, in this case there is no basis to 
grant a domestic subsidy pass-through adjustment.\18\
---------------------------------------------------------------------------

    \18\ See Preliminary Decision Memorandum at 28-29.
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we notified the 
International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. As the Department's final determination 
is affirmative, in accordance with section 735(b)(2) of the Act, the 
ITC will determine, within 45 days, whether the domestic industry in 
the United States is materially injured, or threatened with material 
injury, by reason of imports of HEDP for sale from the PRC, or sales 
(or the likelihood of sales) for importation, of HEDP from the PRC. If 
the ITC determines that such injury does not exist, this proceeding 
will be terminated and all securities posted will be refunded or 
canceled. If the ITC determines that such injury does exist, the 
Department will issue an antidumping duty order directing CBP to 
assess, upon further instruction by the Department, antidumping duties 
on all imports of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the effective date of the 
suspension of liquidation.

Return or Destruction of Proprietary Information

    This notice also serves as a reminder to the parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of propriety information disclosed under APO 
in accordance with 19 CFR 351.305. Timely written notification of 
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 sanctionable violation.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.


[[Page 14879]]


    Dated: March 20, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--Issues and Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Scope Comments
VI. Changes Since the Preliminary Determination
VII. List of Issues
VIII. Discussion of Comments
    General Issues:
    Comment 1: Selection of Surrogate Country
    Comment 2: Selection of Surrogate Final Ratios and Use of 
CYDSA's Financial Statement
    Comment 3: Treatment of Joint Product
    Comment 4: Treatment of Water
    Comment 5: Net Versus Gross Weight
    Comment 6: Surrogate Value for Marine Insurance
    Comment 7: Recalculating Marine Insurance by Using Gross Unit 
Price
    Comment 8: Consideration of FOPs as Overhead
    Comment 9: Partial Rejection of Petitioner's SV Submissions
    Comment 10: Selection of Voluntary Respondent
    Comment 11: Surrogate Value for Ocean Freight
    Comment 12: Converting Expense for INVCARU
    Comment 13: Surrogate Value for PCl3
    Comment 14: Adjustment of Import Statistics
    Company-Specific Issues: Taihe
    Comment 15: Taihe's Movement Expenses
    Company-Specific Issues: WW Group
    Comment 16: Conversion Calculation for Water Surrogate Value
    Comment 17: Adjustment of Irrecoverable VAT
IX. Conclusion

[FR Doc. 2017-05805 Filed 3-22-17; 8:45 am]
 BILLING CODE 3510-DS-P