[Federal Register Volume 78, Number 85 (Thursday, May 2, 2013)]
[Notices]
[Pages 25699-25701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10404]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-847]
1-Hydroxyethylidene-1, 1-Diphosphonic Acid From India:
Preliminary Results of Antidumping Duty Administrative Review; 2011--
2012; and Intent to Revoke Order (in Part)
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on 1-
hydroxyethylidene-1, 1-diphosphonic acid (HEDP) from India. The period
of review (POR) is April 1, 2011, through March 31, 2012. The review
covers one producer and exporter of the subject merchandise, Aquapharm
Chemicals Pvt., Ltd. (Aquapharm). We have preliminarily determined that
sales of subject merchandise have not been made at prices below normal
value by Aquapharm. In addition, we determine that Aquapharm qualifies
for revocation and, thus, we preliminarily intend to revoke the
antidumping duty order, in part, with respect to HEDP produced and
exported by Aquapharm.
DATES: Effective May 2, 2013.
FOR FURTHER INFORMATION CONTACT: Brandon Custard or David Goldberger,
AD/CVD Operations, Office 2, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC, 20230; telephone (202) 482-
1823 or (202) 482-4136, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise covered by this order includes all grades of
aqueous, acidic (non-neutralized) concentrations of 1-
hydroxyethylidene-1, 1-diphosphonic acid.\1\ The product is currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) at item numbers 2931.90.9043 and 2811.19.6090.\2\ Although the
HTS numbers are provided for convenience and customs purposes, the full
written scope description, as published in the antidumping order \3\
and described in the memorandum entitled ``Decision Memorandum for
Preliminary Results of Antidumping Duty Administrative Review: 1-
Hydroxyethylidene-1, 1-Diphosphonic Acid (HEDP) from India''
(Preliminary Decision Memorandum), remains dispositive.
---------------------------------------------------------------------------
\1\ C2H8O7P2 or
C(CH3)(OH)(PO3H2)2.
\2\ We have revised the HTSUS item numbers for the merchandise
subject to this order to reflect the current HTSUS schedule
available on the International Trade Commission's Web site at http://www.usitc.gov/tata/hts/bychapter/index.htm.
\3\ 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from India and
the People's Republic of China: Antidumping Duty Orders, 74 FR 19197
(April 28, 2009).
---------------------------------------------------------------------------
Methodology
The Department has conducted this review in accordance with Section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price
and constructed export price are calculated in accordance with section
772 of the Act. Normal value is calculated in accordance with section
773 of the Act. To determine the appropriate comparison method, the
Department applied a ``differential pricing'' analysis and has
preliminarily determined to use the average-to-average method in making
comparisons of export price or constructed export price and normal
value for Aquapharm. We have also determined that Aquapharm qualifies
for revocation from the order and, thus, we preliminarily intend to
revoke the antidumping duty order, in part, with respect to HEDP
produced and exported by Aquapharm.\4\ For a full description of the
methodology underlying our conclusions, see Preliminary Decision
Memorandum, which is hereby adopted by this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Import Administration's Antidumping and Countervailing Duty
Centralized
[[Page 25700]]
Electronic Service System (IA ACCESS). IA ACCESS is available to
registered users at http://iaaccess.trade.gov and in the Central
Records Unit (CRU), room 7046 of the main Department of Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum can be accessed directly on the Internet at http://www.trade.gov/ia/. The signed Preliminary Decision Memorandum and the
electronic version of the Preliminary Decision Memorandum are identical
in content.
---------------------------------------------------------------------------
\4\ See 19 CFR 351.222(b)(2).
---------------------------------------------------------------------------
Preliminary Results of the Review
As a result of this review, we preliminarily determine that a
weighted-average dumping margin of 0.00 percent exists for Aquapharm
for the period April 1, 2011, through March 31, 2012.
Disclosure and Public Comment
The Department will disclose to parties the calculations performed
in connection with these preliminary results within five days of the
date of publication of this notice.\5\ Interested parties may submit
case briefs not later than 30 days after the date of publication of
this notice.\6\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs.\7\ Parties who submit case briefs or rebuttal briefs in
this proceeding are encouraged to submit with each argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.\8\ Case and rebuttal briefs should be filed using
IA ACCESS.\9\
---------------------------------------------------------------------------
\5\ See 19 CFR 351.224(b).
\6\ See 19 CFR 351.309(c).
\7\ See 19 CFR 351.309(d).
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
\9\ See 19 CFR 351.303.
---------------------------------------------------------------------------
Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to the Assistant
Secretary for Import Administration, filed electronically via IA
ACCESS.\10\ An electronically filed document must be received
successfully in its entirety by the Department's electronic records
system, IA ACCESS, by 5 p.m. Eastern Standard Time within 30 days after
the date of publication of this notice.\11\ Requests should contain:
(1) The party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Issues raised
in the hearing will be limited to those raised in the respective case
briefs. The Department will issue the final results of this
administrative review, including the results of its analysis of issues
raised in any written briefs, not later than 120 days after the date of
publication of this notice, pursuant to section 751(a)(3)(A) of the
Act.
---------------------------------------------------------------------------
\10\ See 19 CFR 351.310(c).
\11\ See id.
---------------------------------------------------------------------------
Assessment Rates
Upon completion of the administrative review, the Department shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries, in accordance with 19
CFR 351.212(b)(1).\12\ We intend to issue instructions to CBP 15 days
after the date of publication of the final results of this review.
---------------------------------------------------------------------------
\12\ In these preliminary results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------
Where Aquapharm reported entered value for its U.S. sales, we will
calculate importer-specific ad valorem duty assessment rates based on
the ratio of the total amount of antidumping duties calculated for the
examined sales to the total entered value of the examined sales for
that importer. Where Aquapharm did not report entered value for its
U.S. sales, we will calculate importer-specific per-unit duty
assessment rates by aggregating the total amount of antidumping duties
calculated for the examined sales and dividing this amount by the total
quantity of those sales. To determine whether the duty assessment rates
are de minimis, in accordance with the requirement set forth in 19 CFR
351.106(c)(2), we will calculate importer-specific ad valorem ratios
based on the estimated entered value.
We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review if any importer-specific
assessment rate calculated in the final results of this review is above
de minimis. Where either the respondent's weighted-average dumping
margin is zero or de minimis, or an importer-specific assessment rate
is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.\13\
---------------------------------------------------------------------------
\13\ See id. at 8103.
---------------------------------------------------------------------------
The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.\14\ Therefore, if we continue to calculate a
zero margin for Aquapharm in the final results of this review, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties. Conversely, if we calculate an antidumping duty
margin for Aquapharm in the final results which is above de minimis, we
will instruct CBP to assess antidumping duties on all appropriate
entries covered by this review as discussed below.
---------------------------------------------------------------------------
\14\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. This clarification will apply to entries of subject
merchandise during the POR produced by Aquapharm for which it did not
know its merchandise was destined for the United States. In such
instances, we will instruct CBP to liquidate unreviewed entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction. For a full discussion of this
clarification, see Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for Aquapharm will
be the rate established in the final results of this review, except if
the rate is less than 0.50 percent and, therefore, de minimis within
the meaning of 19 CFR 351.106(c)(1), in which case no cash deposit will
apply to Aquapharm, consistent with our intention to rescind the order
with respect to Aquapharm as discussed above; (2) for previously
reviewed or investigated companies not participating in this review,
the cash deposit rate will continue to be the company-specific rate
published for the most recent period; (3) if the exporter is not a firm
covered in this review, a prior review, or the original investigation,
but the manufacturer is, the cash deposit rate will be the rate
established for the most recent period for the manufacturer of the
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 3.10 percent, the all-others rate
established in 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from India:
Notice of Final Determination of Sales at Less Than Fair Value, 74 FR
10543, 10544 (March 11, 2009). These requirements,
[[Page 25701]]
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's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: April 25, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Notice of Intent To Revoke Order In Part
5. Fair Value Comparisons
A. Determination of Comparison Method
B. Results of the Differential Pricing Analysis
6. Product Comparisons
7. Export Price and Constructed Export Price
8. Normal Value
A. Home Market Viability and Selection of Comparison Market
B. Level of Trade
C. Calculation of Normal Value Based on Comparison-Market Prices
9. Currency Conversion
10. Verification
[FR Doc. 2013-10404 Filed 5-1-13; 8:45 am]
BILLING CODE 3510-DS-P