1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's Republic of China: Countervailing Duty Order, 22809-22810 [2017-10079]

Download as PDF Federal Register / Vol. 82, No. 95 / Thursday, May 18, 2017 / Notices subsidies.10 Therefore, no offset to the WW Group’s cash deposit rate for export subsidies is necessary.11 With respect to Taihe, because its CVD 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.12 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 CVD ‘‘allothers’’ rate to which the separate-rate companies are subject. For the PRCwide entity, which continues to receive an adverse facts available (AFA) rate in this amended final 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.13 14 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.15 Provisional Measures Section 733(d) of the Act states that instructions issued pursuant to an affirmative preliminary determination may not remain in effect for more than four months, except where exporters representing a significant proportion of exports of the subject merchandise request the Department to extend that four-month period to no more than six months. At the request of the exporters that account for a significant portion of HEDP from the PRC, we extended the jstallworth on DSK7TPTVN1PROD with NOTICES 10 See Countervailing Duty Investigation of 1Hydroxyethylidene-1, 1-Diphosphonic Acid from the People’s Republic of China: Final Affirmative Determination, 82 FR 14872 (March 23, 2017). 11 Id. 12 Id. 13 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. 14 See 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, 81 FR 62084 (September 8, 2016). 15 See Preliminary Decision Memorandum at 28– 29. VerDate Sep<11>2014 13:43 May 17, 2017 Jkt 241001 four-month period to six months in this case.16 In the underlying investigation, the Department published the Preliminary Determination on November 4, 2016. Therefore, the extended period beginning on the date of publication of the Preliminary Determination, ended May 2, 2017. Furthermore, section 737(b) of the Act states that definitive duties are to begin on the date of publication of the ITC’s final injury determination, i.e., May 11, 2017.17 Therefore, in accordance with section 733(d) of the Act and our practice, we will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of HEDP from the PRC entered, or withdrawn from warehouse, for consumption on or after May 2, 2017, the date on which the provisional measures expired, until and through the day preceding the date of publication of the ITC’s final injury determinations, i.e., May 10, 2017, in the Federal Register. Suspension of liquidation will resume on May 11, 2017, the date of publication of the ITC Final. Notification to Interested Parties This notice constitutes the antidumping duty order with respect to HEDP from the PRC pursuant to section 736(a) of the Act. Interested parties can find a list of antidumping duty orders currently in effect at http:// enforcement.trade.gov/stats/ iastats1.html. This order and amended final determination are published in accordance with sections 735(e), 736(a) and 777(i) of the Act, and 19 CFR 351.211 and 351.224(e). Dated: May 12, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix The merchandise covered by this investigation includes all grades of aqueous acidic (non-neutralized) concentrations of 1hydroxyethylidene-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 16 See 17 See PO 00000 Preliminary Determination. ITC Final. Frm 00008 Fmt 4703 Sfmt 4703 22809 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. [FR Doc. 2017–10078 Filed 5–17–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–046] 1-Hydroxyethylidene-1, 1Diphosphonic Acid From the People’s Republic of China: Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (Department) and the International Trade Commission (ITC), the Department is issuing the countervailing duty order on 1Hydroxyethylidene-1, 1-Diphosphonic Acid (HEDP) from the People’s Republic of China (PRC). DATES: Effective May 18, 2017. FOR FURTHER INFORMATION CONTACT: Javier Barrientos at (202) 482–2243, or Matthew Renkey at (202) 482–2312, AD/ CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: Background In accordance with section 705(d) of the Tariff Act of 1930, as amended (Act), on March 23, 2017, the Department published its affirmative final determination that countervailable subsidies are being provided to producers and exporters of HEDP from the PRC.1 On May 8, 2017, the ITC notified the Department of its affirmative determination that an industry in the United States is materially injured within the meaning of section 705(b)(1)(A)(i) of the Act, by reason of subsidized imports of subject merchandise from the PRC.2 1 See Countervailing Duty Investigation of 1Hydroxyethylidene-1, 1-Diphosphonic Acid from the People’s Republic of China: Final Affirmative Determination 82 FR 14872 (March 23, 2017). 2 See Letter to Ronald Lorentzen, Acting Assistant Secretary of Commerce for Enforcement and Compliance, from Rhonda K. Schmidtlein, Chairman of the U.S. International Trade Commission, regarding HEDP from the PRC, (May 8, 2017) (ITC Letter). E:\FR\FM\18MYN1.SGM 18MYN1 22810 Federal Register / Vol. 82, No. 95 / Thursday, May 18, 2017 / Notices Scope of the Order The scope of this order covers HEDP from the PRC. For a complete description of the scope, see Appendix. Countervailing Duty Order On May 8, 2017, in accordance with sections 705(b)(1)(A)(i) and 705(d) of the Act, the ITC notified the Department of its final determination in this investigation, in which it found that an industry in the United States is materially injured by reason of imports of HEDP from the PRC.3 Therefore, in accordance with section 705(c)(2) of the Act, the Department is issuing this countervailing duty order. Because the ITC determined that imports of HEDP from the PRC are materially injuring a U.S. industry, unliquidated entries of such merchandise from the PRC, entered or withdrawn from warehouse for consumption, are subject to the assessment of countervailing duties. Therefore, in accordance with section 706(a) of the Act, the Department will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by the Department, countervailing duties for all relevant entries of HEDP from the PRC. Countervailing duties will be assessed on unliquidated entries of HEDP from the PRC entered, or withdrawn from warehouse, for consumption on or after September 8, 2016, the date of publication of the Preliminary Determination,4 but will not include entries occurring after the expiration of the provisional measures period and before publication of the ITC’s final injury determination as further described below. Suspension of Liquidation In accordance with section 706 of the Act, the Department will instruct CBP to reinstitute the suspension of liquidation of HEDP from the PRC. We will also instruct CBP to require, pursuant to section 706(a)(1) of the Act, countervailing duties for each entry of the subject merchandise in an amount based on the net countervailable subsidy rates for the subject merchandise.5 These instructions suspending liquidation will remain in effect until further notice. The all-others rate applies to all producers and exporters of subject merchandise. Subsidy rate (percent ad valorem) Company jstallworth on DSK7TPTVN1PROD with NOTICES Nanjing University of Chemical Technology Changzhou Wujin Water Quality Stabilizer Factory (Wujin Water) .................. Shandong Taihe Chemicals Co., Ltd. and Shandong Taihe Water Treatment Technologies Co., Ltd. (Taihe Companies) All-Others ................................................................................................................................................................................. 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 ....................................................................................................................... Provisional Measures Section 703(d) of the Act states that instructions issued pursuant to an affirmative preliminary determination may not remain in effect for more than four months. In the underlying investigation, the Department published the Preliminary Determination on September 8, 2016. As such, the fourmonth period beginning on the date of the publication of the Preliminary Determination ended on January 6, 2017. Furthermore, section 707(b) of the Act states that definitive duties are to begin on the date of publication of the ITC’s final injury determination. Therefore, in accordance with section 703(d) of the Act and our practice, we instructed CBP to terminate the suspension of liquidation and to liquidate, without regard to countervailing duties, unliquidated entries of HEDP from the PRC entered, or withdrawn from warehouse, for consumption, on or after January 6, 2017, the date the provisional measures expired, until and through the day preceding the date of publication of the 3 See ITC Letter. Countervailing Duty Investigation of 1Hydroxyethylidene-1, 1-Diphosphonic Acid from the People’s Republic of China: Preliminary Affirmative Determination and Alignment of Final 4 See VerDate Sep<11>2014 13:43 May 17, 2017 Jkt 241001 ITC’s final injury determination in the Federal Register. Suspension of liquidation will resume on the date of publication of the ITC’s final determination in the Federal Register. Notifications to Interested Parties This notice constitutes the countervailing duty order with respect to HEDP from the PRC pursuant to section 706(a) of the Act. Interested parties can find a list of countervailing duty orders currently in effect at http:// enforcement.trade.gov/stats/ iastats1.html. This order is issued and published in accordance with section 706(a) of the Act and 19 CFR 351.211(b). 0.75 (de minimis). 2.40. 2.40. 54.11. 54.11. 54.11. 54.11. 54.11. 54.11. 54.11. 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. [FR Doc. 2017–10079 Filed 5–17–17; 8:45 am] BILLING CODE 3510–DS–P Dated: May 9, 2017. Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix The merchandise covered by this investigation includes all grades of aqueous acidic (non-neutralized) concentrations of Determination with Final Antidumping Duty Determination, 81 FR 62084 (September 8, 2016). 5 With the exception of Wujin Water, the net subsidy rate of which is de minimis, and hence, is excluded from this order. This exclusion will apply PO 00000 Frm 00009 Fmt 4703 Sfmt 9990 only to subject merchandise both produced and exported by Wujin Water. E:\FR\FM\18MYN1.SGM 18MYN1

Agencies

[Federal Register Volume 82, Number 95 (Thursday, May 18, 2017)]
[Notices]
[Pages 22809-22810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10079]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-046]


1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's 
Republic of China: Countervailing Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Department) and the International Trade Commission (ITC), the 
Department is issuing the countervailing duty order on 1-
Hydroxyethylidene-1, 1-Diphosphonic Acid (HEDP) from the People's 
Republic of China (PRC).

DATES: Effective May 18, 2017.

FOR FURTHER INFORMATION CONTACT: Javier Barrientos at (202) 482-2243, 
or Matthew Renkey at (202) 482-2312, AD/CVD Operations, Office V, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with section 705(d) of the Tariff Act of 1930, as 
amended (Act), on March 23, 2017, the Department published its 
affirmative final determination that countervailable subsidies are 
being provided to producers and exporters of HEDP from the PRC.\1\ On 
May 8, 2017, the ITC notified the Department of its affirmative 
determination that an industry in the United States is materially 
injured within the meaning of section 705(b)(1)(A)(i) of the Act, by 
reason of subsidized imports of subject merchandise from the PRC.\2\
---------------------------------------------------------------------------

    \1\ See Countervailing Duty Investigation of 1-
Hydroxyethylidene-1, 1-Diphosphonic Acid from the People's Republic 
of China: Final Affirmative Determination 82 FR 14872 (March 23, 
2017).
    \2\ See Letter to Ronald Lorentzen, Acting Assistant Secretary 
of Commerce for Enforcement and Compliance, from Rhonda K. 
Schmidtlein, Chairman of the U.S. International Trade Commission, 
regarding HEDP from the PRC, (May 8, 2017) (ITC Letter).

---------------------------------------------------------------------------

[[Page 22810]]

Scope of the Order

    The scope of this order covers HEDP from the PRC. For a complete 
description of the scope, see Appendix.

Countervailing Duty Order

    On May 8, 2017, in accordance with sections 705(b)(1)(A)(i) and 
705(d) of the Act, the ITC notified the Department of its final 
determination in this investigation, in which it found that an industry 
in the United States is materially injured by reason of imports of HEDP 
from the PRC.\3\ Therefore, in accordance with section 705(c)(2) of the 
Act, the Department is issuing this countervailing duty order. Because 
the ITC determined that imports of HEDP from the PRC are materially 
injuring a U.S. industry, unliquidated entries of such merchandise from 
the PRC, entered or withdrawn from warehouse for consumption, are 
subject to the assessment of countervailing duties.
---------------------------------------------------------------------------

    \3\ See ITC Letter.
---------------------------------------------------------------------------

    Therefore, in accordance with section 706(a) of the Act, the 
Department will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by the Department, countervailing 
duties for all relevant entries of HEDP from the PRC. Countervailing 
duties will be assessed on unliquidated entries of HEDP from the PRC 
entered, or withdrawn from warehouse, for consumption on or after 
September 8, 2016, the date of publication of the Preliminary 
Determination,\4\ but will not include entries occurring after the 
expiration of the provisional measures period and before publication of 
the ITC's final injury determination as further described below.
---------------------------------------------------------------------------

    \4\ See 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, 81 FR 
62084 (September 8, 2016).
---------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 706 of the Act, the Department will 
instruct CBP to reinstitute the suspension of liquidation of HEDP from 
the PRC. We will also instruct CBP to require, pursuant to section 
706(a)(1) of the Act, countervailing duties for each entry of the 
subject merchandise in an amount based on the net countervailable 
subsidy rates for the subject merchandise.\5\ These instructions 
suspending liquidation will remain in effect until further notice. The 
all-others rate applies to all producers and exporters of subject 
merchandise.
---------------------------------------------------------------------------

    \5\ With the exception of Wujin Water, the net subsidy rate of 
which is de minimis, and hence, is excluded from this order. This 
exclusion will apply only to subject merchandise both produced and 
exported by Wujin Water.

------------------------------------------------------------------------
               Company                 Subsidy rate (percent ad valorem)
------------------------------------------------------------------------
Nanjing University of Chemical         0.75 (de minimis).
 Technology Changzhou Wujin Water
 Quality Stabilizer Factory (Wujin
 Water).
Shandong Taihe Chemicals Co., Ltd.     2.40.
 and Shandong Taihe Water Treatment
 Technologies Co., Ltd. (Taihe
 Companies).
All-Others...........................  2.40.
Changzhou Kewei Fine Chemicals Co.,    54.11.
 Ltd.
Hebei Longke Water Treatment Co., Ltd  54.11.
Shandong Huayou Chemistry Co., Ltd...  54.11.
Shandong Xintai Water Treatment        54.11.
 Technology.
Zaozhuang Fuxing Water Treatment       54.11.
 Technology.
Zaozhuang YouBang Chemicals Co., Ltd.  54.11.
Zouping Dongfang Chemical Industry     54.11.
 Co., Ltd.
------------------------------------------------------------------------

Provisional Measures

    Section 703(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months. In the underlying investigation, the 
Department published the Preliminary Determination on September 8, 
2016. As such, the four-month period beginning on the date of the 
publication of the Preliminary Determination ended on January 6, 2017. 
Furthermore, section 707(b) of the Act states that definitive duties 
are to begin on the date of publication of the ITC's final injury 
determination.
    Therefore, in accordance with section 703(d) of the Act and our 
practice, we instructed CBP to terminate the suspension of liquidation 
and to liquidate, without regard to countervailing duties, unliquidated 
entries of HEDP from the PRC entered, or withdrawn from warehouse, for 
consumption, on or after January 6, 2017, the date the provisional 
measures expired, until and through the day preceding the date of 
publication of the ITC's final injury determination in the Federal 
Register. Suspension of liquidation will resume on the date of 
publication of the ITC's final determination in the Federal Register.

Notifications to Interested Parties

    This notice constitutes the countervailing duty order with respect 
to HEDP from the PRC pursuant to section 706(a) of the Act. Interested 
parties can find a list of countervailing duty orders currently in 
effect at http://enforcement.trade.gov/stats/iastats1.html.
    This order is issued and published in accordance with section 
706(a) of the Act and 19 CFR 351.211(b).

    Dated: May 9, 2017.
Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.

Appendix

    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.

[FR Doc. 2017-10079 Filed 5-17-17; 8:45 am]
 BILLING CODE 3510-DS-P