[Federal Register Volume 79, Number 57 (Tuesday, March 25, 2014)]
[Notices]
[Pages 16280-16282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06570]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-934]
1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review; 2012-2013
AGENCY: Enforcement and Compliance, formerly 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 the People's
Republic of China (``PRC''). The period of review (``POR'') is April 1,
2012, through March 31, 2013. We preliminarily found that the only
respondent, Shandong Taihe Chemicals Co., Ltd. (``STCC''), sold subject
merchandise at less than normal value (``NV''). We invite interested
parties to comment on these preliminary results.
DATES: Effective Date: March 25, 2014.
FOR FURTHER INFORMATION CONTACT: Jamie Blair-Walker, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue NW., Washington DC 20230; telephone: (202) 482-2615.
SUPPLEMENTARY INFORMATION:
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,\1\ 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.
---------------------------------------------------------------------------
\1\ C2H8O7P2 or
C(CH3)(OH)(PO3H2)2
---------------------------------------------------------------------------
Extension of Deadlines for Preliminary Results
As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department exercised its discretion to
toll deadlines for the duration of the closure of the Federal
Government from October 1, through October 16, 2013.\2\ Therefore, all
deadlines in this segment of the proceeding have been extended by 16
days. If the new deadline falls on a non-business day, in accordance
with the Department's practice, the deadline will become the next
business day. On January 10, 2014, we extended the deadline for the
preliminary results by an additional 60 days.\3\ The revised deadline
for the preliminary results of this review is now March 18, 2014.\4\
---------------------------------------------------------------------------
\2\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ``Deadlines Affected by
the Shutdown of the Federal Government'' (October 18, 2013).
\3\ See Memorandum from Jamie Blair-Walker through Abdelali
Elouaradia to Christian Marsh regarding ``1-Hydroxyethylidene-1, 1-
Diphosphonic Acid from the People's Republic of China: Extension of
Deadline for Preliminary Results of Antidumping Duty Administrative
Review'' (January 10, 2014).
\4\ The deadline for the preliminary results of this review was
March 17, 2014. Due to the closure of the Federal Government in
Washington, DC on March 17, 2014, the Department reached this
determination on the next business day (i.e., March 18, 2014). See
Notice of Clarification: Application of ``Next Business Day'' Rule
for Administrative Determination Deadlines Pursuant to the Tariff
Act of 1930, As Amended, 70 FR 24533 (May 10, 2005).
---------------------------------------------------------------------------
Methodology
The Department conducted this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (``the Act'').
Export prices and constructed export prices were calculated in
accordance with section 772 of the Act. Because the PRC is a non-market
economy (``NME'') within the meaning of section 771(18) of the Act, NV
was calculated in accordance with section 773(c) of the Act.
For a full description of the methodology underlying our
conclusions, please see the memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty Operations,
to Paul Piquado, Assistant Secretary for Enforcement and Compliance,
``Decision Memorandum for the Preliminary Results of the 2012-2013
Administrative Review of the Antidumping Duty Order on 1-
Hydroxyethylidene-1, 1-Diphosphonic Acid from the People's Republic of
China (``Preliminary Decision Memorandum''), hereby adopted by 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 (``IA
ACCESS''). IA ACCESS is available to registered users at http://iaaccess.trade.gov. The Preliminary Decision Memorandum is also
available in the Central Records Unit, room 7046 of the main Department
of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn. The signed Preliminary Decision Memorandum
and the electronic versions of the Preliminary Decision Memorandum are
identical in content.
Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margin exists:
[[Page 16281]]
------------------------------------------------------------------------
Weighted- average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
STCC........................................... 43.58
------------------------------------------------------------------------
Disclosure and Public Comment
The Department intends to disclose calculations performed for these
preliminary results to the parties within five days of the date of
publication of this notice.\5\ Interested parties may submit case
briefs no later than 30 days after the date of publication of these
preliminary results of review.\6\ Rebuttal briefs may be filed no later
than five days after case briefs are filed and may respond only to
arguments raised in the case briefs.\7\ A table of contents, list of
authorities used, and an executive summary of issues should accompany
any briefs submitted to the Department. This summary should be limited
to five pages total, including footnotes. Interested parties that wish
to request a hearing, or to participate if one is requested, 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.\8\ Requests should contain the party's
name, address, and telephone number, the number of participants, and a
list of the issues to be discussed. If a request for a hearing is made,
the Department intends to hold the hearing at the U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230, at a date and time to be determined.\9\ Parties should confirm
by telephone the date, time, and location of the hearing two days
before the scheduled date.
---------------------------------------------------------------------------
\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 351.310(c).
\9\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
All submissions, with limited exceptions, must be filed
electronically using IA ACCESS. An electronically filed document must
be received successfully in its entirety by 5 p.m. Eastern Time
(``ET'') on the due date. Documents excepted from the electronic
submission requirements must be filed manually (i.e., in paper form)
with the APO/Dockets Unit in Room 1870 and stamped with the date and
time of receipt by 5 p.m. ET on the due date.\10\
---------------------------------------------------------------------------
\10\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
---------------------------------------------------------------------------
The Department intends to issue the final results of this
administrative review, which will include the results of its analysis
of issues raised in any briefs, within 120 days of publication of these
preliminary results, pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, the Department will determine,
and U.S. Customs and Border Protection (``CBP'') shall assess,
antidumping duties on all appropriate entries covered by this
review.\11\ The Department intends to issue assessment instructions to
CBP 15 days after the publication date of the final results of this
review. For any individually examined respondent whose weighted-average
dumping margin is above de minimis (i.e., 0.50 percent) in the final
results of this review, the Department will calculate an importer-
specific assessment rate on the basis of the ratio of the total amount
of antidumping duties calculated for the importer's examined sales and
the total entered value of sales, in accordance with 19 CFR
351.212(b)(1). In these preliminary results, the Department applied the
assessment rate calculation method adopted in the Final Modification
for Reviews.\12\ Where either the respondent's weighted-average dumping
margin is zero or de minimis, or an importer- (or customer-) specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
---------------------------------------------------------------------------
\11\ See 19 CFR 351.212(b)(1).
\12\ See Antidumping Proceeding Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012)
(``Final Modification for Reviews.'').
---------------------------------------------------------------------------
On October 24, 2011, the Department announced a refinement to its
assessment practice in NME antidumping duty cases.\13\ Pursuant to this
refinement in practice, for merchandise that was not reported in the
U.S. sales databases submitted by an exporter individually examined
during this review, but that entered under the case number of that
exporter (i.e., at the individually-examined exporter's cash deposit
rate), the Department will instruct CBP to liquidate such entries at
the PRC-wide rate. Additionally, pursuant to this refinement, if the
Department determines that an exporter under review had no shipments of
the subject merchandise, any suspended entries that entered under that
exporter's case number will be liquidated at the PRC-wide rate.
---------------------------------------------------------------------------
\13\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
---------------------------------------------------------------------------
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 the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by sections 751(a)(2)(C) of the Act: (1) For the company
listed above the cash deposit rate will be the rate established in the
final results of this review, except if the rate is zero or de minimis
(i.e., less than 0.5 percent), no cash deposit will be required; (2)
for previously investigated 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; (3) 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 that for
the PRC-wide entity; and (4) 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 exporter 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)(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 Department'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 and 19 CFR 351.213.
[[Page 16282]]
Dated: March 18, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Background
2. Scope of the Order
3. Selection of Respondents
4. Non-Market Economy Country
5. Separate Rate
6. Surrogate Country and Surrogate Value Data
7. Fair Value Comparisons
8. U.S. Price
9. Normal Value
10. Currency Conversion
[FR Doc. 2014-06570 Filed 3-24-14; 8:45 am]
BILLING CODE 3510-DS-P