[Federal Register Volume 76, Number 152 (Monday, August 8, 2011)]
[Notices]
[Pages 48142-48143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20040]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-934]
1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review and Final Rescission in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On April 7, 2011, the Department of Commerce (the
``Department'') published in the Federal Register its preliminary
results of the administrative review of the antidumping duty order on
1-hydroxyethylidene-1, 1-diphosphonic acid (``HEDP'') from the People's
Republic of China (``PRC''), covering the period April 23, 2009 through
March 31, 2010.\1\ The Department gave interested parties an
opportunity to comment on the Preliminary Results. After reviewing the
interested parties' comments, the Department has not made changes to
the margin for the final results. The final dumping margin for this
review is listed in the ``Final Results of Review'' section below.
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\1\ See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the
People's Republic of China: Preliminary Results of Antidumping Duty
Administrative Review and Intent To Rescind Review in Part, 76 FR
19325 (April 7, 2011) (``Preliminary Results'').
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DATES: Effective Date: August 8, 2011.
FOR FURTHER INFORMATION CONTACT: Shawn Higgins, AD/CVD Operations,
Office 4, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-0679.
SUPPLEMENTARY INFORMATION:
Background
Compass Chemical LLC (``Petitioner'') and Jiangsu Jianghai Chemical
Group Co., Ltd. (``Jiangsu Jianghai'') submitted case briefs on May 9,
2011 \2\ and rebuttal briefs on May 16, 2011.\3\ On July 1, 2011, the
Department placed additional information on the record.\4\ Jiangsu
Jianghai submitted comments on this information on July 15, 2011.
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\2\ See Letter from Petitioner to the Secretary of Commerce,
``1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the People's
Republic of China'' (May 9, 2011); Letter from Jiangsu Jianghai to
the Secretary of Commerce, ``1-Hydroxyethylidene-1, 1-Diphosphonic
Acid from the People's Republic of China; A-570-934'' (May 9, 2011).
\3\ See Letter from Petitioner to the Secretary of Commerce,
``1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the People's
Republic of China'' (May 16, 2011); Letter from Jiangsu Jianghai to
the Secretary of Commerce, ``1-Hydroxyethylidene-1, 1-Diphosphonic
Acid from the People's Republic of China; A-570-934'' (May 16,
2011).
\4\ See Memorandum from Shawn Higgins, International Trade
Compliance Analyst, AD/CVD Operations, Office 4, to Interested
Parties, ``Administrative Review of the Antidumping Duty Order on 1-
Hydroxyethylidene-1, 1-Diphosphonic Acid from the People's Republic
of China: Placing Additional Information on Record'' (July 1, 2011).
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Analysis of Comments Received
All issues raised by parties in their case and rebuttal briefs are
addressed in the Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to Ronald
K. Lorentzen, Deputy Assistant Secretary for Import Administration,
``Issues and Decision Memorandum for the Final Results of the
Antidumping Duty Administrative Review of 1-Hydroxyethylidene-1, 1-
Diphosphonic Acid from the People's Republic of China'' (August 2,
2011) (``Issues and Decision Memorandum''), which is hereby adopted by
this notice. A list of the issues addressed in the Issues and Decision
Memorandum is attached to this notice as an appendix. The Issues and
Decision Memorandum is a public document and is on file in the Central
Records Unit, Main Commerce Building, Room 7046, and is accessible on
the Web at http://ia.ita.doc.gov/frn. The paper copy and electronic
version of the memorandum are identical in content.
Changes Since the Preliminary Results
Based on an analysis of the comments received and other information
on record of this review, the Department has modified its corroboration
analysis since the Preliminary Results. Specifically, the Department
has supplemented its corroboration analysis from the Preliminary
Results by using a surrogate value for phosphorus trichloride on the
record of this review to corroborate both the surrogate value for
phosphorus trichloride used in the petition and the petition's normal
value.\5\
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\5\ See infra Corroboration section; Issues and Decision
Memorandum at Issue 4.
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Scope of the Order
The merchandise subject to the order includes all grades of
aqueous, acidic (non-neutralized) concentrations of 1-
hydroxyethylidene-1, 1-diphosphonic acid,\6\ also referred to as
hydroxethlylidenediphosphonic acid, hydroxyethanediphosphonic acid,
acetodiphosphonic acid, and etidronic acid. The CAS (Chemical Abstract
Service) registry number for HEDP is 2809-21-4. The merchandise subject
to the order is currently classified in the Harmonized Tariff Schedule
of the United States (``HTSUS'') at subheading 2931.00.9043. It may
also enter under HTSUS subheading 2811.19.6090. While HTSUS subheadings
are provided for convenience and customs purposes only, the written
description of the scope of the order is dispositive.
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\6\ C2H8O7P2 or
C(CH3)(OH)(PO3H2)2.
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Final Partial Rescission of the Administrative Review
In the Preliminary Results, the Department stated that it intended
to rescind this administrative review with respect to Changzhou Wujin
Fine Chemical Factory Co., Ltd. (``Wujin Fine'') in accordance with 19
CFR 351.213(d)(3). No parties commented on the Department's intent to
rescind. Because there is no information or argument on the record of
this review that warrants reconsideration of the Department's intent to
rescind, the Department is rescinding this administrative review with
respect to Wujin Fine.
Separate Rates
In the Preliminary Results, the Department determined that Jiangsu
Jianghai does not qualify for a separate rate in this review and should
be treated as part of the PRC-wide entity because it has failed to
demonstrate an absence of de jure and de facto government control and
did not fully participate in
[[Page 48143]]
this administrative review. Parties commented on the Department's
decision to deny Jiangsu Jianghai a separate rate. For the final
results, the Department has analyzed these comments and continues to
find that Jiangsu Jianghai has not qualified for a separate rate in
this review and, therefore, will be treated as part of the PRC-wide
entity.\7\
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\7\ See Issues and Decision Memorandum at Issue 2.
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Use of Facts Available and Adverse Facts Available (``AFA'')
In the Preliminary Results, the Department preliminarily determined
to use an inference that is adverse to the interests of the PRC-wide
entity in selecting from among the facts otherwise available and
assigned the PRC-wide entity an AFA rate of 72.42 percent, which was
the margin calculated in the petition, as adjusted by the Department
for initiation. Parties commented both on the Department's decision to
apply AFA and the Department's choice of the AFA rate assigned to the
PRC-wide entity. For the final results, the Department has analyzed
these comments and continues to find that it is appropriate to assign
an AFA rate of 72.42 percent to the PRC-wide entity.\8\
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\8\ See Issues and Decision Memorandum at Issues 3-4.
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Corroboration of Secondary Information
In the Preliminary Results, the Department preliminarily determined
that the 72.42 percent petition rate has probative value and,
therefore, is corroborated to the extent practicable, in accordance
with section 776(c) of the Act. Parties commented on the Department's
corroboration of the 72.42 percent petition rate. For the final
results, the Department has analyzed these comments and continues to
find that the 72.42 percent petition rate is corroborated to the extent
practicable.\9\
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\9\ See Issues and Decision Memorandum at Issue 4.
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Final Results of Review
The Department has determined that the following weighted-average
dumping margins exist for the period April 23, 2009, through March 31,
2010:
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Antidumping
Exporter duty percent
margin
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PRC-Wide Entity \10\.................................... 72.42
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Assessment Rates
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\10\ Jiangsu Jianghai is part of the PRC-wide entity.
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Pursuant to 19 CFR 351.212, the Department will determine, and
Customs and Border Protection (``CBP'') shall assess, antidumping
duties on all appropriate entries of subject merchandise in accordance
with the final results of this review. The Department intends to
instruct CBP to liquidate entries containing subject merchandise
exported by the PRC-wide entity at the PRC-wide rate the Department
determines in the final results of this review. The Department intends
to issue appropriate assessment instructions directly to CBP 15 days
after publication of the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For previously
investigated or reviewed PRC and non-PRC exporters not listed above
that have separate rates, the cash deposit rate will continue to be the
exporter-specific rate published for the most recent period; (2) for
all PRC exporters of subject merchandise which have not been found to
be entitled to a separate rate, the cash deposit rate will be the PRC-
wide rate established in the final results of this review (i.e., 72.42
percent); and (3) for all non-PRC exporters of subject merchandise
which have not received their own rate, the cash deposit rate will be
the rate applicable to the PRC exporters that supplied that non-PRC
exporter. These deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary presuming that
reimbursement of antidumping duties occurred and, subsequently, the
assessment of double antidumping duties.
The Department is 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).
Dated: August 2, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix
Issue 1: Whether the Department erred in initiating this
administrative review of Jiangsu Jianghai
Issue 2: Whether Jiangsu Jianghai should be considered part of the
PRC-wide entity
Issue 3: Whether Jiangsu Jianghai should receive a rate based on AFA
Issue 4: Whether the Department should continue to assign the 72.42
percent petition rate to the PRC-wide entity as the AFA rate
[FR Doc. 2011-20040 Filed 8-5-11; 8:45 am]
BILLING CODE 3510-DS-P