[Federal Register Volume 78, Number 128 (Wednesday, July 3, 2013)]
[Notices]
[Pages 40099-40100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15892]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-847]
1-Hydroxyethylidene-1, 1-Diphosphonic Acid From India: Final
Results of Antidumping Duty Administrative Review and Revocation of
Order (in Part); 2011-2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On May 2, 2013, the Department of Commerce (the Department)
published the preliminary results of the third administrative review of
the antidumping duty order on 1-hydroxyethylidene-1, 1-diphosphonic
acid (HEDP) from India.\1\ The review covers one manufacturer and
exporter of the subject merchandise to the United States: Aquapharm
Chemicals Pvt., Ltd. (Aquapharm). The period of review (POR) is April
1, 2011, through March 31, 2012. We did not receive comments from any
interested parties. Therefore, the final results do not differ from the
preliminary results. We continue to find that sales of subject
merchandise have not been made at prices below normal value (NV) by
Aquapharm. Accordingly, we have determined to revoke the antidumping
duty order, in part, with respect to HEDP produced and exported by
Aquapharm.
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\1\ See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from India:
Preliminary Results of Antidumping Duty Administrative Review; 2011-
2012; Intent to Revoke Order (in Part), 78 FR 25699 (May 2, 2012)
(Preliminary Results).
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DATES: Effective Date: July 3, 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:
Background
On May 2, 2013, the Department published in the Federal Register
the Preliminary Results, in which we preliminarily determined that it
was appropriate to revoke the order with respect to Aquapharm because
it had satisfied all of the procedural and substantive requirements for
revocation.\2\
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\2\ See ``Decision Memorandum for Preliminary Results of
Antidumping Duty Administrative Review: 1-Hydroxyethylidene-1, 1-
Diphosphonic Acid (HEDP) from India,'' dated April 25, 2013
(Preliminary Decision Memorandum), at 2-3.
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We invited parties to comment on the Preliminary Results.\3\ No
comments were submitted.
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\3\ See Preliminary Results, 78 FR at 25700.
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Scope of the Order
The merchandise covered by the order includes all grades of
aqueous, acidic (non-neutralized) concentrations of 1-
hydroxyethylidene-1, 1-diphosphonic acid.\4\ 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.\5\ Although the
HTSUS numbers are provided for convenience and customs purposes, the
full written scope description, as published in the antidumping order
\6\ and described in the Preliminary Decision Memorandum, remains
dispositive.
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\4\ C2H8O7P2 or
C(CH3)(OH)(PO3H2)2.
\5\ 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.
\6\ 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from India and
the People's Republic of China: Antidumping Duty Orders, 74 FR 19197
(April 28, 2009).
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Determination To Revoke Order, In Part
The Department may revoke, in whole or in part, an antidumping duty
order upon completion of a review under section 751 of the Tariff Act
of 1930, as amended (the Act). While Congress has not specified the
procedures that the Department must follow in revoking an order, the
Department has developed a procedure for revocation that is described
in 19 CFR 351.222. For a more detailed written description of the
requirements for revoking an antidumping duty order in whole or in
part, see Preliminary Decision Memorandum.
We have determined that the request from Aquapharm meets all of the
criteria for revocation under 19 CFR 351.222.\7\ In the Preliminary
Results, we determined that Aquapharm satisfied the procedural and
substantive requirements for revocation.\8\ As no parties have taken
issue with the Preliminary Results, we continue to find that
Aquapharm's request satisfies the requirements for revocation.
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\7\ The Department recently modified the section of its
regulations concerning the revocation of antidumping and
countervailing duty orders in whole or in part, but that
modification does not apply to this administrative review. See
Modification to Regulation Concerning the Revocation of Antidumping
and Countervailing Duty Orders, 77 FR 29875 (May 21, 2012).
Reference to 19 CFR 351.222(b) refers to the Department's
regulations prior to the modification.
\8\ Preliminary Decision Memorandum at 2-3.
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Effective Date of Revocation
This revocation applies to all entries of subject merchandise that
are produced and exported by Aquapharm, and are entered, or withdrawn
from warehouse, for consumption on or after April 1, 2012. The
Department will order the suspension of liquidation lifted for all such
entries and will instruct CBP to release any cash deposits or bonds.
The Department will further instruct CBP to refund with interest any
cash deposits on entries made on or after April 1, 2012.
Final Results of the Review
As a result of our review, we determined that the following
weighted-average margin percentage applies for the period April 1,
2011, through March 31, 2012:
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Margin
Manufacturer/Exporter (percent)
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Aquapharm Chemicals Pvt., Ltd.............................. 0.00
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Assessment Rates
The Department shall determine, and U.S. 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 pursuant to 19 CFR 351.212.\9\ The Department intends to
issue assessment instructions to CBP 15 days after the date of
publication of the final results of this review. Because we have
calculated 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.
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\9\ In these final 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).
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The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
[[Page 40100]]
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment
Policy Notice). This clarification applies to entries of subject
merchandise during the POR produced by Aquapharm for which it did not
know that the merchandise it sold to an intermediary (e.g., a reseller,
trading company, or exporter) was destined for the United States. In
such instances, we will instruct CBP to liquidate unreviewed entries at
the all-others rate effective during the POR if there is no rate for
the intermediary involved in the transaction.
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) No cash deposit will apply to Aquapharm,
consistent with our revocation of the order with respect to Aquapharm,
effective April 1, 2012, 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 or the original less-than-fair-value (LTFV)
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 the LTFV investigation. See 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, 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 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.
Administrative Protective Order
This notice also serves as a 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.
This administrative review and notice are published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: June 24, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-15892 Filed 7-2-13; 8:45 am]
BILLING CODE 3510-DS-P