1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's Republic of China: Preliminary Affirmative Determination of Circumvention, 19668-19670 [2025-08210]
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19668
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Federal Register
Vol. 90, No. 89
Friday, May 9, 2025
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lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
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Dated: May 5, 2025.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2025–08098 Filed 5–8–25; 8:45 am]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–045, C–570–046]
1-Hydroxyethylidene-1, 1Diphosphonic Acid From the People’s
Republic of China: Preliminary
Affirmative Determination of
Circumvention
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that imports of 1hydroxyethylidene-1, 1-diphosphonic
acid, also referred to as
hydroxyethylidenendiphosphonic acid,
hydroxyethanediphosphonic acid,
acetodiphosphonic acid, and etidronic
acid, in solid or powder form (acidic
solid HEDP) from the People’s Republic
of China (China) are circumventing the
antidumping duty (AD) and
countervailing duty (CVD) orders on 1hydroxyethylidene-1, 1-diphosphonic
acid (HEDP) from China. Interested
parties are invited to comment on this
preliminary determination.
DATES: Applicable May 9, 2025.
FOR FURTHER INFORMATION CONTACT:
Charles Vannatta, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4036.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On May 18, 2017, Commerce
published in the Federal Register the
AD and CVD orders on HEDP from
China.1 On November 13, 2024,
Compass Chemical International LLC
(Compass) requested that Commerce
initiate a circumvention inquiry with
regard to acidic solid HEDP that is
exported to the United States from
China.2 In its Circumvention Request,
1 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); see also 1Hydroxyethylidene-1, 1-Diphosphonic Acid from
the People’s Republic of China: Countervailing Duty
Order, 82 FR 22809 (May 18, 2017) (collectively,
Orders).
2 See Compass’ Letter, ‘‘Request for an
Anticircumvention Inquiry Pursuant to 19 U.S.C.
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Federal Register / Vol. 90, No. 89 / Friday, May 9, 2025 / Notices
Compass alleged that acidic solid HEDP
constitutes merchandise altered in form
or appearance in such minor respects
that it should be included within the
scope of the Orders, pursuant to section
781(c) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR
351.226(j).3 Compass requested that
Commerce conduct this circumvention
inquiry on a country-wide basis.4
On December 19, 2024, Commerce
published in the Federal Register a
notice of initiation of this
circumvention inquiry.5 In the Initiation
Notice, Commerce initiated the
circumvention inquiry on the basis of
the minor alterations allegation,
pursuant to section 781(c) of the Act
and 19 CFR 351.226(j).6 Commerce
initiated this inquiry on a country-wide
basis.7 For a complete description of
events that followed the initiation of
this inquiry, see the Preliminary
Decision Memorandum.8
Scope of the Orders
The merchandise covered by the
Orders includes all grades of aqueous
acidic (non-neutralized) concentrations
of acidic HEDP from China. For a
complete description of the scope of the
Orders, see the Preliminary Decision
Memorandum.
Merchandise Subject to the
Circumvention Inquiry
This circumvention inquiry covers
acidic solid HEDP produced in China
and exported to the United States. A
complete description of the
merchandise subject to the
circumvention inquiry is contained in
the Preliminary Decision Memorandum.
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Methodology
Commerce is conducting this
circumvention inquiry pursuant to
section 781(c) of the Act and 19 CFR
351.226(j). For a complete description of
the methodology underlying the
preliminary determination, see the
1677j(c); Response to Supplemental
Questionnaire,’’ dated November 13, 2024
(Circumvention Request).
3 Id.
4 Id. at Attachment A at 30.
5 See 1-Hydroxyethylidene-1, 1-Diphosphonic
Acid From the People’s Republic of China:
Initiation of Circumvention Inquiry of the
Antidumping and Countervailing Duty Orders, 89
FR 103779 (December 19, 2024) (Initiation Notice),
and accompanying Initiation Checklist.
6 Id.
7 Id.
8 See Memorandum, ‘‘Circumvention Inquiry of
the Antidumping Duty and Countervailing Duty
Orders on 1-Hydroxyethylidene-1, 1-Diphosphonic
Acid from the People’s Republic of China:
Preliminary Decision Memorandum,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
VerDate Sep<11>2014
17:11 May 08, 2025
Jkt 265001
Preliminary Decision Memorandum. A
list of topics discussed in the
Preliminary Decision Memorandum is
attached as an 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. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Preliminary Affirmative Determination
of Circumvention
As detailed in the Preliminary
Decision Memorandum, we
preliminarily determine that acidic
solid HEDP is being produced in China
and exported to the United States, and
that the sale of acidic solid HEDP in the
United States is circumventing the
Orders. Further, we preliminarily
determine that acidic solid HEDP
constitutes merchandise altered in form
or appearance in such minor respects
that it should be included within the
scope of the Orders, pursuant to section
781(c) of the Act and 19 CFR 351.226(j).
We make this determination on a
country-wide basis. As a result, we
preliminarily determine that it is
appropriate to include this merchandise
within the Orders, and to instruct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of entries of acidic
solid HEDP produced in China and
exported to the United States, and to
require cash deposits of estimated
antidumping and countervailing duties.
Use of Adverse Facts Available (AFA)
Pursuant to section 776(a) of the Act,
if necessary information is not available
on the record, or an interested party
withholds requested information, fails
to provide requested information by the
deadline or in the form and manner
requested, or significantly impedes a
proceeding, Commerce shall use the
facts otherwise available in reaching the
applicable determination. Moreover,
pursuant to section 776(b) of the Act,
Commerce may use inferences adverse
to the interests of an interested party in
selecting from among the facts
otherwise available if the party fails to
cooperate by not acting to the best of its
ability to provide requested information.
Commerce requested quantity and
value (Q&V) information from twelve
companies: Dalian Sinobio Chemistry
Co., Ltd. (Dalian Sinobio), Henan
Qingshuiyuan Technology Co, Ltd.
(Henan Qingshuiyuan), Jiangsu Yao’s
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19669
Environmental Protection Technology
Co., Ltd. (Jiangsu Yao), Jiyuan Qingyuan
Water Treatment Co. (Jiyuan Qingyuan),
Juancheng Kangtai, KCC Industrial
Enterprise Limited (KCC Industrial),
Nantong Uniphos Chemicals Co., Ltd.
(Nantong Uniphos), Plastix Company
Ltd. (Plastix), Shandong Dongyue
Chemical (Shandong Dongyue),
Shandong Green Technologies Import
Export Co., Ltd. (Green Technologies),
Shandong Taihe Chemicals Co., Ltd.
(Taihe Chemicals), and Shandong Taihe
Water Treatment Technologies Co., Ltd
(Taihe Water Treatment).9 In the Q&V
Questionnaire,10 Commerce explained
that failure to respond may result in the
determination that the company failed
to cooperate by not acting to the best of
its ability to comply with the request for
information, and Commerce may use an
inference that is adverse to the
company’s interests in selecting from
the facts otherwise available, in
accordance with section 776(b) of the
Act.11 Commerce received a timely
response to the Q&V Questionnaire from
Plastix, which explained that it was a
Taiwanese, third-country exporter of
acidic solid HEDP, but did not produce
or export acidic solid HEDP from
China.12 Dalian Sinobio, Henan
Qingshuiyuan, Jiangsu Yao, Jiyuan
Qingyuan, Juancheng Kangtai, KCC
Industrial, Nantong Uniphos, Shandong
Dongyue, Green Technologies, Taihe
Chemicals, and Taihe Water Treatment
(collectively, the Eleven NonResponsive Companies) failed to
respond to Commerce’s Q&V
Questionnaire.
Therefore, we preliminarily find that
the Eleven Non-Responsive Companies
withheld requested information, failed
to provide requested information by the
deadline or in the form and manner
requested, and significantly impeded
this inquiry, within the meaning of
sections 776(a)(1) and (2)(A)–(C) of the
Act. Moreover, we find that the Eleven
Non-Responsive Companies failed to
cooperate by not acting to the best of
their ability to provide the requested
information because they did not
provide a timely response to
Commerce’s questionnaire.
Consequently, we used adverse
inferences with respect to the Eleven
Non-Responsive Companies in selecting
9 See Commerce’s Letter, ‘‘Quantity and Value
Questionnaire for Chinese Producers, Exporters, or
U.S. Importers,’’ dated January 21, 2025 (Q&V
Questionnaire); see also Memorandum, ‘‘Issuance of
Quantity and Value Questionnaire,’’ dated January
22, 2025.
10 See Q&V Questionnaire.
11 See Q&V Questionnaire at 2.
12 See Plastix’s Letter, ‘‘Q&V Response,’’ dated
February 11, 2025.
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Federal Register / Vol. 90, No. 89 / Friday, May 9, 2025 / Notices
from the facts otherwise available on the
record, pursuant to sections 776(a)(2)(B)
and (C) and section 776(b) of the Act.
For details regarding the AFA applied in
this preliminary determination, see the
Preliminary Decision Memorandum.
As detailed in the Preliminary
Decision Memorandum, based on AFA,
we preliminarily determine that the
Eleven Non-Responsive Companies
have exported inquiry merchandise
during the period of inquiry (i.e.,
January 1, 2022, through July 31, 2024)
and that sales of such merchandise in
the United States are circumventing the
Orders.
Suspension of Liquidation and Cash
Deposit Requirements
In accordance with 19 CFR
351.226(l)(2), we will direct CBP to
continue the suspension of liquidation
of previously suspended entries and to
suspend liquidation of all entries of
acidic solid HEDP produced in China
that are entered, or withdrawn from
warehouse, for consumption in the
United States on or after December 19,
2024, the date of publication of the
initiation of this circumvention inquiry
in the Federal Register.13 Commerce
also intends to instruct CBP to require
a cash deposit for estimated
antidumping and countervailing duties
at the applicable rates for each
unliquidated entry of acidic solid HEDP.
These suspension of liquidation
instructions and cash deposit
requirements will remain in effect until
further notice.
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Disclosure
Normally, Commerce intends to
disclose its calculations and analysis
performed to interested parties in this
preliminary determination within five
days of its public announcement, or if
there is no public announcement,
within five days of the date of this
notice in accordance with 19 CFR
351.224(b). However, in this inquiry,
there are no calculations to disclose as
this preliminary determination is based
entirely on facts available. Accordingly,
there will be no disclosure for this
preliminary affirmative determination.
Public Comment and Request for
Hearing
Interested parties may submit
affirmative comments to Commerce no
later than 14 days after the date of
publication of this notice in the Federal
Register.14 Rebuttal comments, limited
to issues raised in the affirmative
comments, may be submitted no later
13 See
14 See
Initiation Notice.
19 CFR 351.226(f)(4).
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17:11 May 08, 2025
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than seven days after the deadline for
affirmative comments.15 No new factual
information will be accepted in the
comments or rebuttal comments.
In this circumvention inquiry, we
request that interested parties provide at
the beginning of their affirmative and
rebuttal comments, a public executive
summary for each issue raised in their
comments.16 Further, we request that
interested parties limit their public
executive summary of each issue to no
more than 450 words, not including
citations. We intend to use the public
executive summaries as the basis of the
comment summaries included in the
issues and decision memorandum that
will accompany the final determination
in this circumvention inquiry. We
request that interested parties include
footnotes for relevant citations in the
public executive summary of each issue.
Note that Commerce has amended
certain of its requirements pertaining to
the service of documents in 19 CFR
351.303(f).17
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice in the
Federal Register, filed electronically via
ACCESS. Hearing requests should
contain: (1) the party’s name, address,
and telephone number; (2) the number
of participants and whether any
participant is a foreign national; and (3)
a list of the issues to be discussed.
Issues raised in the hearing will be
limited to issues raised in the respective
comments.18 If a request for a hearing is
made, Commerce intends to hold the
hearing at a date and time to be
determined and will notify the parties
through ACCESS.19 Parties should
confirm the date, time, and location of
the hearing two days before the
scheduled date.
All submissions, including affirmative
and rebuttal comments, as well as
hearing requests, should be filed using
ACCESS. An electronically-filed
document must be received successfully
in its entirety by ACCESS by 5:00 p.m.
Eastern Time on the established
deadline.
15 Id.
16 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
17 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069
(September 29, 2023).
18 See 19 CFR 351.310.
19 See 19 CFR 351.310(d).
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Notification to Interested Parties
Commerce is issuing and publishing
this preliminary determination in
accordance with section 781(c) of the
Act and 19 CFR 351.226(g)(1).
Dated: May 5, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the
Circumvention Inquiry
V. Period of Inquiry
VI. Use of Facts Available and Adverse
Inferences
VII. Statutory and Regulatory Framework:
Minor Alterations
VIII. Circumvention Analysis
IX. Preliminary Affirmative Determination of
Circumvention
X. Country-Wide Determination
XI. Recommendation
[FR Doc. 2025–08210 Filed 5–8–25; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–010]
Certain Crystalline Silicon Photovoltaic
Products From the People’s Republic
of China: Notice of Court Decision Not
in Harmony With the Results of the
Antidumping Duty Administrative
Review; Notice of Amended Final
Results
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On April 14, 2025, the U.S.
Court of International Trade (CIT)
issued its final judgment in Trina Solar
Co., Ltd., et al. v. United States, Slip Op.
25–40, Court no. 23–213, sustaining the
U.S. Department of Commerce
(Commerce)’s remand results pertaining
to the administrative review of the
antidumping duty (AD) order on certain
crystalline silicon photovoltaic products
from the People’s Republic of China
(China) covering the period February 1,
2021, through January 31, 2022 (POR).
Commerce is notifying the public that
the CIT’s final judgment is not in
harmony with Commerce’s final results
of the administrative review, and that
Commerce is amending the final results
with respect to the dumping margin
assigned to: (1) Trina Solar (Changzhou)
Science & Technology Co., Ltd.; (2)
AGENCY:
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]]>Agencies
[Federal Register Volume 90, Number 89 (Friday, May 9, 2025)]
[Notices]
[Pages 19668-19670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08210]
=======================================================================
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-045, C-570-046]
1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's
Republic of China: Preliminary Affirmative Determination of
Circumvention
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that imports of 1-hydroxyethylidene-1, 1-diphosphonic acid,
also referred to as hydroxyethylidenendiphosphonic acid,
hydroxyethanediphosphonic acid, acetodiphosphonic acid, and etidronic
acid, in solid or powder form (acidic solid HEDP) from the People's
Republic of China (China) are circumventing the antidumping duty (AD)
and countervailing duty (CVD) orders on 1-hydroxyethylidene-1, 1-
diphosphonic acid (HEDP) from China. Interested parties are invited to
comment on this preliminary determination.
DATES: Applicable May 9, 2025.
FOR FURTHER INFORMATION CONTACT: Charles Vannatta, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-4036.
SUPPLEMENTARY INFORMATION:
Background
On May 18, 2017, Commerce published in the Federal Register the AD
and CVD orders on HEDP from China.\1\ On November 13, 2024, Compass
Chemical International LLC (Compass) requested that Commerce initiate a
circumvention inquiry with regard to acidic solid HEDP that is exported
to the United States from China.\2\ In its Circumvention Request,
[[Page 19669]]
Compass alleged that acidic solid HEDP constitutes merchandise altered
in form or appearance in such minor respects that it should be included
within the scope of the Orders, pursuant to section 781(c) of the
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.226(j).\3\
Compass requested that Commerce conduct this circumvention inquiry on a
country-wide basis.\4\
---------------------------------------------------------------------------
\1\ 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); see also 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from
the People's Republic of China: Countervailing Duty Order, 82 FR
22809 (May 18, 2017) (collectively, Orders).
\2\ See Compass' Letter, ``Request for an Anticircumvention
Inquiry Pursuant to 19 U.S.C. 1677j(c); Response to Supplemental
Questionnaire,'' dated November 13, 2024 (Circumvention Request).
\3\ Id.
\4\ Id. at Attachment A at 30.
---------------------------------------------------------------------------
On December 19, 2024, Commerce published in the Federal Register a
notice of initiation of this circumvention inquiry.\5\ In the
Initiation Notice, Commerce initiated the circumvention inquiry on the
basis of the minor alterations allegation, pursuant to section 781(c)
of the Act and 19 CFR 351.226(j).\6\ Commerce initiated this inquiry on
a country-wide basis.\7\ For a complete description of events that
followed the initiation of this inquiry, see the Preliminary Decision
Memorandum.\8\
---------------------------------------------------------------------------
\5\ See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the
People's Republic of China: Initiation of Circumvention Inquiry of
the Antidumping and Countervailing Duty Orders, 89 FR 103779
(December 19, 2024) (Initiation Notice), and accompanying Initiation
Checklist.
\6\ Id.
\7\ Id.
\8\ See Memorandum, ``Circumvention Inquiry of the Antidumping
Duty and Countervailing Duty Orders on 1-Hydroxyethylidene-1, 1-
Diphosphonic Acid from the People's Republic of China: Preliminary
Decision Memorandum,'' dated concurrently with, and hereby adopted
by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Orders
The merchandise covered by the Orders includes all grades of
aqueous acidic (non-neutralized) concentrations of acidic HEDP from
China. For a complete description of the scope of the Orders, see the
Preliminary Decision Memorandum.
Merchandise Subject to the Circumvention Inquiry
This circumvention inquiry covers acidic solid HEDP produced in
China and exported to the United States. A complete description of the
merchandise subject to the circumvention inquiry is contained in the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this circumvention inquiry pursuant to
section 781(c) of the Act and 19 CFR 351.226(j). For a complete
description of the methodology underlying the preliminary
determination, see the Preliminary Decision Memorandum. A list of
topics discussed in the Preliminary Decision Memorandum is attached as
an 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. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Preliminary Affirmative Determination of Circumvention
As detailed in the Preliminary Decision Memorandum, we
preliminarily determine that acidic solid HEDP is being produced in
China and exported to the United States, and that the sale of acidic
solid HEDP in the United States is circumventing the Orders. Further,
we preliminarily determine that acidic solid HEDP constitutes
merchandise altered in form or appearance in such minor respects that
it should be included within the scope of the Orders, pursuant to
section 781(c) of the Act and 19 CFR 351.226(j). We make this
determination on a country-wide basis. As a result, we preliminarily
determine that it is appropriate to include this merchandise within the
Orders, and to instruct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of acidic solid HEDP produced in China
and exported to the United States, and to require cash deposits of
estimated antidumping and countervailing duties.
Use of Adverse Facts Available (AFA)
Pursuant to section 776(a) of the Act, if necessary information is
not available on the record, or an interested party withholds requested
information, fails to provide requested information by the deadline or
in the form and manner requested, or significantly impedes a
proceeding, Commerce shall use the facts otherwise available in
reaching the applicable determination. Moreover, pursuant to section
776(b) of the Act, Commerce may use inferences adverse to the interests
of an interested party in selecting from among the facts otherwise
available if the party fails to cooperate by not acting to the best of
its ability to provide requested information.
Commerce requested quantity and value (Q&V) information from twelve
companies: Dalian Sinobio Chemistry Co., Ltd. (Dalian Sinobio), Henan
Qingshuiyuan Technology Co, Ltd. (Henan Qingshuiyuan), Jiangsu Yao's
Environmental Protection Technology Co., Ltd. (Jiangsu Yao), Jiyuan
Qingyuan Water Treatment Co. (Jiyuan Qingyuan), Juancheng Kangtai, KCC
Industrial Enterprise Limited (KCC Industrial), Nantong Uniphos
Chemicals Co., Ltd. (Nantong Uniphos), Plastix Company Ltd. (Plastix),
Shandong Dongyue Chemical (Shandong Dongyue), Shandong Green
Technologies Import Export Co., Ltd. (Green Technologies), Shandong
Taihe Chemicals Co., Ltd. (Taihe Chemicals), and Shandong Taihe Water
Treatment Technologies Co., Ltd (Taihe Water Treatment).\9\ In the Q&V
Questionnaire,\10\ Commerce explained that failure to respond may
result in the determination that the company failed to cooperate by not
acting to the best of its ability to comply with the request for
information, and Commerce may use an inference that is adverse to the
company's interests in selecting from the facts otherwise available, in
accordance with section 776(b) of the Act.\11\ Commerce received a
timely response to the Q&V Questionnaire from Plastix, which explained
that it was a Taiwanese, third-country exporter of acidic solid HEDP,
but did not produce or export acidic solid HEDP from China.\12\ Dalian
Sinobio, Henan Qingshuiyuan, Jiangsu Yao, Jiyuan Qingyuan, Juancheng
Kangtai, KCC Industrial, Nantong Uniphos, Shandong Dongyue, Green
Technologies, Taihe Chemicals, and Taihe Water Treatment (collectively,
the Eleven Non-Responsive Companies) failed to respond to Commerce's
Q&V Questionnaire.
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\9\ See Commerce's Letter, ``Quantity and Value Questionnaire
for Chinese Producers, Exporters, or U.S. Importers,'' dated January
21, 2025 (Q&V Questionnaire); see also Memorandum, ``Issuance of
Quantity and Value Questionnaire,'' dated January 22, 2025.
\10\ See Q&V Questionnaire.
\11\ See Q&V Questionnaire at 2.
\12\ See Plastix's Letter, ``Q&V Response,'' dated February 11,
2025.
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Therefore, we preliminarily find that the Eleven Non-Responsive
Companies withheld requested information, failed to provide requested
information by the deadline or in the form and manner requested, and
significantly impeded this inquiry, within the meaning of sections
776(a)(1) and (2)(A)-(C) of the Act. Moreover, we find that the Eleven
Non-Responsive Companies failed to cooperate by not acting to the best
of their ability to provide the requested information because they did
not provide a timely response to Commerce's questionnaire.
Consequently, we used adverse inferences with respect to the Eleven
Non-Responsive Companies in selecting
[[Page 19670]]
from the facts otherwise available on the record, pursuant to sections
776(a)(2)(B) and (C) and section 776(b) of the Act. For details
regarding the AFA applied in this preliminary determination, see the
Preliminary Decision Memorandum.
As detailed in the Preliminary Decision Memorandum, based on AFA,
we preliminarily determine that the Eleven Non-Responsive Companies
have exported inquiry merchandise during the period of inquiry (i.e.,
January 1, 2022, through July 31, 2024) and that sales of such
merchandise in the United States are circumventing the Orders.
Suspension of Liquidation and Cash Deposit Requirements
In accordance with 19 CFR 351.226(l)(2), we will direct CBP to
continue the suspension of liquidation of previously suspended entries
and to suspend liquidation of all entries of acidic solid HEDP produced
in China that are entered, or withdrawn from warehouse, for consumption
in the United States on or after December 19, 2024, the date of
publication of the initiation of this circumvention inquiry in the
Federal Register.\13\ Commerce also intends to instruct CBP to require
a cash deposit for estimated antidumping and countervailing duties at
the applicable rates for each unliquidated entry of acidic solid HEDP.
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\13\ See Initiation Notice.
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These suspension of liquidation instructions and cash deposit
requirements will remain in effect until further notice.
Disclosure
Normally, Commerce intends to disclose its calculations and
analysis performed to interested parties in this preliminary
determination within five days of its public announcement, or if there
is no public announcement, within five days of the date of this notice
in accordance with 19 CFR 351.224(b). However, in this inquiry, there
are no calculations to disclose as this preliminary determination is
based entirely on facts available. Accordingly, there will be no
disclosure for this preliminary affirmative determination.
Public Comment and Request for Hearing
Interested parties may submit affirmative comments to Commerce no
later than 14 days after the date of publication of this notice in the
Federal Register.\14\ Rebuttal comments, limited to issues raised in
the affirmative comments, may be submitted no later than seven days
after the deadline for affirmative comments.\15\ No new factual
information will be accepted in the comments or rebuttal comments.
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\14\ See 19 CFR 351.226(f)(4).
\15\ Id.
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In this circumvention inquiry, we request that interested parties
provide at the beginning of their affirmative and rebuttal comments, a
public executive summary for each issue raised in their comments.\16\
Further, we request that interested parties limit their public
executive summary of each issue to no more than 450 words, not
including citations. We intend to use the public executive summaries as
the basis of the comment summaries included in the issues and decision
memorandum that will accompany the final determination in this
circumvention inquiry. We request that interested parties include
footnotes for relevant citations in the public executive summary of
each issue. Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\17\
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\16\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\17\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
within 30 days after the date of publication of this notice in the
Federal Register, filed electronically via ACCESS. Hearing requests
should contain: (1) the party's name, address, and telephone number;
(2) the number of participants and whether any participant is a foreign
national; and (3) a list of the issues to be discussed. Issues raised
in the hearing will be limited to issues raised in the respective
comments.\18\ If a request for a hearing is made, Commerce intends to
hold the hearing at a date and time to be determined and will notify
the parties through ACCESS.\19\ Parties should confirm the date, time,
and location of the hearing two days before the scheduled date.
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\18\ See 19 CFR 351.310.
\19\ See 19 CFR 351.310(d).
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All submissions, including affirmative and rebuttal comments, as
well as hearing requests, should be filed using ACCESS. An
electronically-filed document must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
Notification to Interested Parties
Commerce is issuing and publishing this preliminary determination
in accordance with section 781(c) of the Act and 19 CFR 351.226(g)(1).
Dated: May 5, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the Circumvention Inquiry
V. Period of Inquiry
VI. Use of Facts Available and Adverse Inferences
VII. Statutory and Regulatory Framework: Minor Alterations
VIII. Circumvention Analysis
IX. Preliminary Affirmative Determination of Circumvention
X. Country-Wide Determination
XI. Recommendation
[FR Doc. 2025-08210 Filed 5-8-25; 8:45 am]
BILLING CODE 3510-DS-P
