1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2016-2018, 67925-67927 [2019-26797]
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Federal Register / Vol. 84, No. 239 / Thursday, December 12, 2019 / Notices
Estimated Time per Response: 255
hours.
Estimated Total Annual Burden
Hours: 510 hours.
Estimated Total Annual Cost to
Public: $20.
Respondent’s Obligation: Voluntary.
Legal Authority: Section 1761(h) of
the Export Control Reform Act (ECRA).
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2019–26775 Filed 12–11–19; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Proposed Information Collection;
Comment Request; Report of Requests
for Restrictive Trade Practice or
Boycott
Bureau of Industry and
Security, Department of Commerce.
ACTION: Notice.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: To ensure consideration, written
comments must be submitted on or
before February 10, 2020.
ADDRESSES: Direct all written comments
to Mark Crace, IC Liaison, Bureau of
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
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Industry and Security, 1401
Constitution Avenue, Suite 2099B,
Washington, DC 20233 (or via the
internet at PRAcomments@doc.gov).
Comments will generally be posted
without change. All Personally
Identifiable Information (for example,
name and address) voluntarily
submitted by the commenter may be
publicly accessible. Do not submit
Confidential Business Information or
otherwise sensitive or protected
information. You may submit
attachments to electronic comments in
Microsoft Word, Excel, or Adobe PDF
file formats.
SUPPLEMENTARY INFORMATION:
I. Abstract
This information is used to monitor
requests for participation in foreign
boycotts against countries friendly to
the U.S. The information is analyzed to
note changing trends and to decide
upon appropriate action to be taken to
carry out the United States’ policy of
discouraging United States persons from
participating in foreign restrictive trade
practices and boycotts directed against
countries friendly to the United States.
II. Method of Collection
Submitted on paper or electronically.
III. Data
OMB Control Number: 0694–0012.
Form Number(s): BIS–621P, BIS–
6051P, BIS–6051 P–a.
Type of Review: Regular submission.
Affected Public: Any U.S. Person
Estimated Number of Respondents:
892.
Estimated Time per Response: 1 hour
to 1 hour and 30 minutes.
Estimated Total Annual Burden
Hours: 1,171.
Estimated Total Annual Cost to
Public: $0.
Respondent’s Obligation: Mandatory.
Legal Authority: 15 CFR Sections
760.1, 760.5, 764.2, 762, 760.5.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
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67925
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2019–26776 Filed 12–11–19; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–045]
1-Hydroxyethylidene-1, 1Diphosphonic Acid From the People’s
Republic of China: Final Results of
Antidumping Duty Administrative
Review; 2016–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(Commerce) finds that exporters of 1Hydroxyethylidene-1, 1-Diphosphonic
Acid (HEDP) from the People’s Republic
of China (China) sold subject
merchandise in the United States at
prices below normal value during the
period of review (POR) November 4,
2016 through April 30, 2018.
SUMMARY:
DATES:
Applicable December 12, 2019.
FOR FURTHER INFORMATION CONTACT:
Jasun Moy, AD/CVD Operations, Office
V, Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–8194.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an
administrative review of the
antidumping duty order on HEDP from
China in accordance with section 751(a)
of the Tariff Act of 1930, as amended
(the Act).1 This review covers one
producer/exporter of subject
merchandise, Henan Qingshuiyuan
Technology Co., Ltd. (Qingshuiyuan).
On July 12, 2019, Commerce published
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
32270 (July 12, 2018); see also 1Hydroxyethylidene-1, 1-Diphosphonic Acid from
the People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair Value,
and Antidumping Duty Order, 82 FR 22807 (May
18, 2017).
E:\FR\FM\12DEN1.SGM
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67926
Federal Register / Vol. 84, No. 239 / Thursday, December 12, 2019 / Notices
the Preliminary Results of this review.2
On August 19, 2019, Commerce
received case briefs from Compass
Chemical International LLC (the
petitioner) and Qingshuiyuan.3 On
August 28, 2019, we received rebuttal
briefs from the petitioner and
Qingshuiyuan.4 On September 25, 2019,
Commerce postponed the final results to
151 days after the Preliminary Results.5
The revised deadline for the final results
in this review is now December 10,
2019.
Scope of the Order
The products covered by this order
are HEDP. For a full description of the
scope, see the Issues and Decision
Memorandum.6
khammond on DSKJM1Z7X2PROD with NOTICES
Analysis of Comments Received
All issues raised in the case briefs
filed by parties are listed in the
appendix to this notice and are
addressed in the Issues and Decision
Memorandum. The Issues and Decision
Memorandum is a public document and
is made available to the public via
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and it is available to
all parties in the Central Records Unit,
Room B8024 of the main Commerce
building. In addition, a complete
version of the Issues and Decision
Memorandum is available at https://
enforcement.trade.gov/frn/. The signed
and electronic versions of the Issues and
2 See 1-Hydroxyethylidene-1, 1-Diphosphonic
Acid from the People’s Republic of China:
Preliminary Results of Antidumping Duty
Administrative Review; 2016–2018, 84 FR 33236
(July 12, 2019) (Preliminary Results), and
accompanying Preliminary Decision Memorandum
(PDM).
3 See Petitioner’s Case Brief, ‘‘1Hydroxyethylidene-1, 1-Diphosphonic Acid from
the People’s Republic of China,’’ dated August 19,
2019; see also Qingshuiyuan’s Case Brief, ‘‘1Hydroxyethylidene-1, 1-Diphosphonic Acid (HEDP)
from the People’s Republic of China, A–570–045;
Case Brief,’’ dated August 19, 2019.
4 See Petitioner’s Rebuttal Brief, ‘‘1Hydroxyethylidene-1, 1-Diphosphonic Acid from
the People’s Republic of China,’’ dated August 28,
2019; see also Qingshuiyuan’s Rebuttal Brief, ‘‘1Hydroxyethylidene-1, 1-Diphosphonic Acid (HEDP)
from the People’s Republic of China, A–570–045;
Rebuttal Brief,’’ dated August 28, 2019.
5 See Memorandum, ‘‘1-Hydroxyethylidene-1, 1Diphosphonic Acid from the People’s Republic of
China: Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,’’ dated
September 25, 2019.
6 See Memorandum, ‘‘Issues and Decision
Memorandum for the Antidumping Duty
Administrative Review of 1-Hydroxyethylidene-1,
1-Diphosphonic Acid from the People’s Republic of
China; 2016–2018,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
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Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties, and for the reasons explained in
the Issues and Decision Memorandum,
Commerce made two changes to the
Preliminary Results. First, instead of
converting U.S. price to a metric ton
basis, we converted normal value to a
kilogram basis, to match the U.S. price
unit of measure, before calculating the
weighted-average dumping margin.
Second, there were multiple variants of
the name for the same importer. Thus,
we adjusted the name of the importers
to make the names consistent. For a
more detailed discussion of these
changes, see the Final Analysis
Memorandum.7
Separate Rate
In the Preliminary Results, we found
that information placed on the record by
Qingshuiyuan demonstrated that this
entity is entitled to separate rate status,
which we preliminarily granted.8 We
received no information since the
issuance of the Preliminary Results that
provides a basis for reconsidering the
determination with respect to the
separate rate status of this entity.
Therefore, for the final results, we
continue to find that Qingshuiyuan is
eligible for a separate rate.
Final Results of the Review
Commerce determines that the
following weighted-average dumping
margin exists for the POR from
November 4, 2016 through April 30,
2018:
Weightedaverage
dumping
margin
(percent)
Exporter
Henan Qingshuiyuan Technology Co., Ltd ........................
397.20
China-Wide Entity
Commerce’s policy regarding
conditional review of the China-wide
entity applies to this administrative
review.9 Under this policy, the China7 See Memorandum, ‘‘Antidumping Duty
Administrative Review of 1-Hydroxyethylidene-1,
1-Diphosphonic Acid from the People’s Republic of
China; 2016–2018: Final Results Analysis
Memorandum,’’ dated concurrently with this notice
(Final Analysis Memorandum).
8 See Preliminary Results, 84 FR at 32634, and
accompanying PDM at 3–5.
9 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
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Sfmt 4703
wide entity will not be under review
unless a party specifically requests, or
Commerce self-initiates, a review of the
entity. Because no party requested a
review of the China-wide entity in this
review, the entity is not under review
and the entity’s rate (i.e., 167.58
percent) is not subject to change.10
Assessment Rates
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with section
751(a)(2)(C) of the Act and 19 CFR
351.212(b). In accordance with 19 CFR
351.212(b)(1), we have calculated
importer-specific (or customer-specific)
assessment rates for merchandise
subject to this review. For these final
results, we divided the total dumping
margins (calculated as the difference
between normal value and export price
or constructed export price) for
Qingshuiyuan’s importers or customers
by either the total number of kilograms
the exporter sold to that importer or
customer or by the total entered value.
We intend to direct CBP to assess the
resulting per-kilogram dollar amount or
the ad valorem assessment rate against
each kilogram of merchandise in each of
that importer’s/customer’s entries
during the review period.
For entries that were not reported in
the U.S. sales data submitted by
Qingshuiyuan during this review,
Commerce will instruct CBP to liquidate
such entries at the rate for the Chinawide entity.11
Commerce intends to issue
assessment instructions to CBP 15 days
after the date of publication of the final
results of this review in the Federal
Register.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
the subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) For
Qingshuiyuan, the cash deposit rate will
be equal to the weighted-average
dumping margin established in the final
results of this review (except, if the ad
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
10 See 1-Hydroxyethylidene-1, 1-Diphosphonic
Acid from the People’s Republic of China:
Amended Final Determination of Sales at Less
Than Fair Value, and Antidumping Duty Order, 82
FR 22807 (May 18, 2017).
11 See 19 CFR 351.212(b)(1).
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Federal Register / Vol. 84, No. 239 / Thursday, December 12, 2019 / Notices
valorem rate is de minimis, then the
cash deposit rate will be zero); (2) for
previously investigated or reviewed
Chinese and non-Chinese exporters not
listed above that have received a
separate rate in a prior segment of this
proceeding, the cash deposit rate will
continue to be the existing exporterspecific cash deposit rate published for
the completed segment of the most
recent period; (3) for all Chinese
exporters of subject merchandise that
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the rate for the China-wide entity
(i.e., 167.58 percent); and (4) for all nonChinese exporters of subject
merchandise which have not received
their own separate rate, the cash deposit
rate will be the rate applicable to the
Chinese exporter that supplied that nonChinese exporter. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties has occurred and
the subsequent assessment of double
antidumping duties.
Dated: December 6, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether to Adjust
Qingshuiyuan’s Reported Factors of
Production (FOPs)
Comment 2: Whether to Include Brokerage
and Handling (B&H) Expenses for
Surrogate Values
Comment 3: Whether the Dumping Margin
is Commercially or Economically
Realistic
Comment 4: Whether Commerce’s
Erroneous Calculation Prevents Effective
Comment
Comment 5: Whether the Liquidation
Instructions are Incorrect
Comment 6: Whether the Financial
Statements from CYDSA, S.A.B. de C.V.
Are Unusable
Comment 7: Whether to Use Mexico as the
Surrogate Country
Comment 8: Whether the Surrogate Value
(SV) for Yellow Phosphorus is
Aberrational
Comment 9: Whether the Deductions from
Constructed Export Price (CEP) Were
Excessive
Comment 10: Whether Non-Deductible
Value-Added Tax Should be Deducted
From U.S. Price
VI. Recommendation
[FR Doc. 2019–26797 Filed 12–11–19; 8:45 am]
BILLING CODE 3510–DS–P
Administrative Protective Orders
khammond on DSKJM1Z7X2PROD with NOTICES
This notice also serves as a final
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these
final results of administrative review in
accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 CFR
351.221(b)(5) and 19 CFR 351.213(h)(1).
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DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–884]
Certain Hot-Rolled Steel Flat Products
From the Republic of Korea:
Preliminary Results of Countervailing
Duty Administrative Review, 2017
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily finds that
Hyundai Steel Co., Ltd. (Hyundai Steel),
a producer/exporter of certain hot-rolled
steel flat products (hot-rolled steel) from
the Republic of Korea (Korea), received
countervailable subsidies that are de
minimis. The period of review (POR) is
January 1, 2017 through December 31,
2017. We invite interested parties to
comment on these preliminary results.
DATES: Applicable December 12, 2019.
AGENCY:
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67927
FOR FURTHER INFORMATION CONTACT:
Hannah Falvey, 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) 482–4889.
SUPPLEMENTARY INFORMATION:
Background
On December 11, 2018, Commerce
published a notice of initiation of an
administrative review of the
countervailing duty (CVD) order on hotrolled steel from Korea.1 On July 3,
2019, Commerce extended the deadline
for the preliminary results of this review
to no later than December 5, 2019.2 For
a complete description of the events that
followed the initiation of this review,
see the Preliminary Decision
Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included in the
appendix to this notice.
The Preliminary 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 https://access.trade.gov and is
available to all parties in the Central
Records Unit, Room B8024 of the main
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Order
The merchandise covered by the order
is hot-rolled steel. For a complete
description of the scope of the order, see
the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(l)(A)
of the Tariff Act of 1930, as amended
(the Act). For each of the subsidy
programs found countervailable, we
preliminarily find that there is a
subsidy, i.e., a government-provided
financial contribution that gives rise to
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
63615 (December 11, 2018).
2 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review,’’ dated July 3, 2019.
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Countervailing Duty
Administrative Review; 2017: Certain Hot-Rolled
Steel Flat Products from the Republic of Korea,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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]]>Agencies
[Federal Register Volume 84, Number 239 (Thursday, December 12, 2019)]
[Notices]
[Pages 67925-67927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26797]
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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 Results of Antidumping Duty Administrative
Review; 2016-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that exporters of
1-Hydroxyethylidene-1, 1-Diphosphonic Acid (HEDP) from the People's
Republic of China (China) sold subject merchandise in the United States
at prices below normal value during the period of review (POR) November
4, 2016 through April 30, 2018.
DATES: Applicable December 12, 2019.
FOR FURTHER INFORMATION CONTACT: Jasun Moy, AD/CVD Operations, Office
V, Enforcement and Compliance, International Trade Administration,
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-8194.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty order on HEDP from China in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).\1\ This review covers one
producer/exporter of subject merchandise, Henan Qingshuiyuan Technology
Co., Ltd. (Qingshuiyuan). On July 12, 2019, Commerce published
[[Page 67926]]
the Preliminary Results of this review.\2\ On August 19, 2019, Commerce
received case briefs from Compass Chemical International LLC (the
petitioner) and Qingshuiyuan.\3\ On August 28, 2019, we received
rebuttal briefs from the petitioner and Qingshuiyuan.\4\ On September
25, 2019, Commerce postponed the final results to 151 days after the
Preliminary Results.\5\ The revised deadline for the final results in
this review is now December 10, 2019.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 32270 (July 12, 2018); see also 1-
Hydroxyethylidene-1, 1-Diphosphonic Acid from the People's Republic
of China: Amended Final Determination of Sales at Less Than Fair
Value, and Antidumping Duty Order, 82 FR 22807 (May 18, 2017).
\2\ See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the
People's Republic of China: Preliminary Results of Antidumping Duty
Administrative Review; 2016-2018, 84 FR 33236 (July 12, 2019)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\3\ See Petitioner's Case Brief, ``1-Hydroxyethylidene-1, 1-
Diphosphonic Acid from the People's Republic of China,'' dated
August 19, 2019; see also Qingshuiyuan's Case Brief, ``1-
Hydroxyethylidene-1, 1-Diphosphonic Acid (HEDP) from the People's
Republic of China, A-570-045; Case Brief,'' dated August 19, 2019.
\4\ See Petitioner's Rebuttal Brief, ``1-Hydroxyethylidene-1, 1-
Diphosphonic Acid from the People's Republic of China,'' dated
August 28, 2019; see also Qingshuiyuan's Rebuttal Brief, ``1-
Hydroxyethylidene-1, 1-Diphosphonic Acid (HEDP) from the People's
Republic of China, A-570-045; Rebuttal Brief,'' dated August 28,
2019.
\5\ See Memorandum, ``1-Hydroxyethylidene-1, 1-Diphosphonic Acid
from the People's Republic of China: Extension of Deadline for Final
Results of Antidumping Duty Administrative Review,'' dated September
25, 2019.
---------------------------------------------------------------------------
Scope of the Order
The products covered by this order are HEDP. For a full description
of the scope, see the Issues and Decision Memorandum.\6\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Issues and Decision Memorandum for the
Antidumping Duty Administrative Review of 1-Hydroxyethylidene-1, 1-
Diphosphonic Acid from the People's Republic of China; 2016-2018,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case briefs filed by parties are listed in
the appendix to this notice and are addressed in the Issues and
Decision Memorandum. The Issues and Decision Memorandum is a public
document and is made available to the public via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov, and it is available to all parties in the
Central Records Unit, Room B8024 of the main Commerce building. In
addition, a complete version of the Issues and Decision Memorandum is
available at https://enforcement.trade.gov/frn/. The signed and
electronic versions of the Issues and Decision Memorandum are identical
in content.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties, and for the reasons explained in the Issues and
Decision Memorandum, Commerce made two changes to the Preliminary
Results. First, instead of converting U.S. price to a metric ton basis,
we converted normal value to a kilogram basis, to match the U.S. price
unit of measure, before calculating the weighted-average dumping
margin. Second, there were multiple variants of the name for the same
importer. Thus, we adjusted the name of the importers to make the names
consistent. For a more detailed discussion of these changes, see the
Final Analysis Memorandum.\7\
---------------------------------------------------------------------------
\7\ See Memorandum, ``Antidumping Duty Administrative Review of
1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the People's
Republic of China; 2016-2018: Final Results Analysis Memorandum,''
dated concurrently with this notice (Final Analysis Memorandum).
---------------------------------------------------------------------------
Separate Rate
In the Preliminary Results, we found that information placed on the
record by Qingshuiyuan demonstrated that this entity is entitled to
separate rate status, which we preliminarily granted.\8\ We received no
information since the issuance of the Preliminary Results that provides
a basis for reconsidering the determination with respect to the
separate rate status of this entity. Therefore, for the final results,
we continue to find that Qingshuiyuan is eligible for a separate rate.
---------------------------------------------------------------------------
\8\ See Preliminary Results, 84 FR at 32634, and accompanying
PDM at 3-5.
---------------------------------------------------------------------------
Final Results of the Review
Commerce determines that the following weighted-average dumping
margin exists for the POR from November 4, 2016 through April 30, 2018:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Henan Qingshuiyuan Technology Co., Ltd..................... 397.20
------------------------------------------------------------------------
China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\9\ Under this policy, the
China-wide entity will not be under review unless a party specifically
requests, or Commerce self-initiates, a review of the entity. Because
no party requested a review of the China-wide entity in this review,
the entity is not under review and the entity's rate (i.e., 167.58
percent) is not subject to change.\10\
---------------------------------------------------------------------------
\9\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\10\ See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the
People's Republic of China: Amended Final Determination of Sales at
Less Than Fair Value, and Antidumping Duty Order, 82 FR 22807 (May
18, 2017).
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Assessment Rates
Commerce shall determine, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries of
subject merchandise in accordance with section 751(a)(2)(C) of the Act
and 19 CFR 351.212(b). In accordance with 19 CFR 351.212(b)(1), we have
calculated importer-specific (or customer-specific) assessment rates
for merchandise subject to this review. For these final results, we
divided the total dumping margins (calculated as the difference between
normal value and export price or constructed export price) for
Qingshuiyuan's importers or customers by either the total number of
kilograms the exporter sold to that importer or customer or by the
total entered value. We intend to direct CBP to assess the resulting
per-kilogram dollar amount or the ad valorem assessment rate against
each kilogram of merchandise in each of that importer's/customer's
entries during the review period.
For entries that were not reported in the U.S. sales data submitted
by Qingshuiyuan during this review, Commerce will instruct CBP to
liquidate such entries at the rate for the China-wide entity.\11\
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\11\ See 19 CFR 351.212(b)(1).
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Commerce intends to issue assessment instructions to CBP 15 days
after the date of publication of the final results of this review in
the Federal Register.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) For Qingshuiyuan, the
cash deposit rate will be equal to the weighted-average dumping margin
established in the final results of this review (except, if the ad
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valorem rate is de minimis, then the cash deposit rate will be zero);
(2) for previously investigated or reviewed Chinese and non-Chinese
exporters not listed above that have received a separate rate in a
prior segment of this proceeding, the cash deposit rate will continue
to be the existing exporter-specific cash deposit rate published for
the completed segment of the most recent period; (3) for all Chinese
exporters of subject merchandise that have not been found to be
entitled to a separate rate, the cash deposit rate will be the rate for
the China-wide entity (i.e., 167.58 percent); and (4) for all non-
Chinese exporters of subject merchandise which have not received their
own separate rate, the cash deposit rate will be the rate applicable to
the Chinese exporter that supplied that non-Chinese exporter. These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties has occurred and the subsequent assessment of
double antidumping duties.
Administrative Protective Orders
This notice also serves as a final reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials, or conversion to judicial protective
order is hereby requested. Failure to comply with the regulations and
terms of an APO is a violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act
and 19 CFR 351.221(b)(5) and 19 CFR 351.213(h)(1).
Dated: December 6, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether to Adjust Qingshuiyuan's Reported Factors of
Production (FOPs)
Comment 2: Whether to Include Brokerage and Handling (B&H)
Expenses for Surrogate Values
Comment 3: Whether the Dumping Margin is Commercially or
Economically Realistic
Comment 4: Whether Commerce's Erroneous Calculation Prevents
Effective Comment
Comment 5: Whether the Liquidation Instructions are Incorrect
Comment 6: Whether the Financial Statements from CYDSA, S.A.B.
de C.V. Are Unusable
Comment 7: Whether to Use Mexico as the Surrogate Country
Comment 8: Whether the Surrogate Value (SV) for Yellow
Phosphorus is Aberrational
Comment 9: Whether the Deductions from Constructed Export Price
(CEP) Were Excessive
Comment 10: Whether Non-Deductible Value-Added Tax Should be
Deducted From U.S. Price
VI. Recommendation
[FR Doc. 2019-26797 Filed 12-11-19; 8:45 am]
BILLING CODE 3510-DS-P
