[Federal Register Volume 73, Number 54 (Wednesday, March 19, 2008)]
[Notices]
[Pages 14772-14773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5657]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-908]


Notice of Antidumping Duty Order: Sodium Hexametaphosphate From 
the People's Republic of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the ``Department'') and the International Trade Commission 
(``ITC''), the Department is issuing an antidumping duty order on 
sodium hexametaphosphate (``SHMP'') from the People's Republic of China 
(``PRC''). On March 12, 2008, the ITC notified the Department of its 
affirmative determination of material injury to a U.S. industry. See 
Sodium Hexametaphosphate from China (Investigation No. 731-TA-1110 
(Final), USITC Publication 3984, March 2008).

EFFECTIVE DATE: March 19, 2008.

FOR FURTHER INFORMATION CONTACT: Erin Begnal or Scot Fullerton, AD/CVD 
Operations, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
1442, or (202) 482-1386, respectively.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the ``Act''), on February 4, 2008, the Department 
published the Final Determination of Sales at Less Than Fair Value: 
Sodium Hexametaphosphate From the People's Republic of China, 73 FR 
6479 (February 4, 2008) (``Final Determination'').

Scope of Order

    The merchandise subject to this investigation is sodium 
hexametaphosphate (``SHMP''). SHMP is a water-soluble polyphosphate 
glass that consists of a distribution of polyphosphate chain lengths. 
It is a collection of sodium polyphosphate polymers built on repeating 
NaPO3 units. SHMP has a P2O5 content from 60 to 71 percent. Alternate 
names for SHMP include the following: Calgon; Calgon S; Glassy Sodium 
Phosphate; Sodium Polyphosphate, Glassy; Metaphosphoric Acid; Sodium 
Salt; Sodium Acid Metaphosphate; Graham's Salt; Sodium Hex; 
Polyphosphoric Acid, Sodium Salt; Glass H; Hexaphos; Sodaphos; 
Vitrafos; and BAC-N-FOS. SHMP is typically sold as a white powder or 
granule (crushed) and may also be sold in the form of sheets (glass) or 
as a liquid solution. It is imported under heading 2835.39.5000, HTSUS. 
It may also be imported as a blend or mixture under heading 
3824.90.3900, HTSUS. The American Chemical Society, Chemical Abstract 
Service (``CAS'') has assigned the name ``Polyphosphoric Acid, Sodium 
Salt'' to SHMP. The CAS registry number is 68915-31-1. However, SHMP is 
commonly identified by CAS No. 10124-56-8 in the market. For purposes 
of the investigation, the narrative description is dispositive, not the 
tariff heading, CAS registry number or CAS name.
    The product covered by this investigation includes SHMP in all 
grades, whether food grade or technical grade. The product covered by 
this investigation includes SHMP without regard to chain length i.e., 
whether regular or long chain. The product covered by this 
investigation includes SHMP without regard to physical form, whether 
glass, sheet, crushed, granule, powder, fines, or other form, and 
whether or not in solution.
    However, the product covered by this investigation does not include 
SHMP when imported in a blend with other materials in which the SHMP 
accounts for less than 50 percent by volume of the finished product.

Antidumping Duty Order

    On March 12, 2008, in accordance with section 735(d) of the Act, 
the ITC notified the Department of its final determination, pursuant to 
section 735(b)(1)(A)(i) of the Act, that an industry in the United 
States is materially injured by reason of less-than-fair-value imports 
of subject merchandise from the PRC. Therefore, in accordance with 
section 736(a)(1) of the Act, the Department will direct U.S. Customs 
and Border Protection (``CBP'') to assess, upon further instruction by 
the Department, antidumping duties equal to the amount by which the 
normal value of the merchandise exceeds the export price (or 
constructed export price) of the merchandise for all relevant entries 
of SHMP from the PRC. These antidumping duties will be assessed on all 
unliquidated entries of SHMP from the PRC entered, or withdrawn from 
the warehouse, for consumption on or after September 14, 2007, the date 
on which the Department published its preliminary determination. See 
Preliminary Determination of Sales at Less Than Fair Value: Sodium 
Hexametaphosphate from the People's Republic of China, 72 FR 52544 
(September 14, 2007) (``Preliminary Determination'').
    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. At the request of exporters that account for a significant 
proportion of SHMP, we extended the four-month period to no more than 
six months. See Postponement of Final Determination of Antidumping Duty 
Investigation: Sodium Hexametaphosphate from the

[[Page 14773]]

People's Republic of China, 72 FR 55176 (September 28, 2007); see also 
Postponement of Final Determination of Antidumping Duty Investigation: 
Sodium Hexametaphosphate From the People's Republic of China, 73 FR 
5176 (January 29, 2008). In this investigation, the six-month period 
beginning on the date of the publication of the preliminary 
determination ends on March 11, 2008. Furthermore, section 737 of the 
Act states that definitive duties are to begin on the date of 
publication of the ITC's final injury determination. Therefore, in 
accordance with section 733(d) of the Act and our practice, we will 
instruct CBP to terminate the suspension of liquidation and to 
liquidate, without regard to antidumping duties, unliquidated entries 
of SHMP from the PRC entered, or withdrawn from warehouse, for 
consumption on or after March 11, 2008, and before the date of 
publication of the ITC's final injury determination in the Federal 
Register. Suspension of liquidation will continue on or after this 
date.
    Effective on the date of publication of the ITC's final affirmative 
injury determination, CBP, pursuant to section 735(c)(3) of the Act, 
will require, at the same time as importers would normally deposit 
estimated duties on this merchandise, a cash deposit equal to the 
estimated weighted-average antidumping duty margins as listed below. 
The ``PRC-wide'' rate applies to all exporters of subject merchandise 
not specifically listed. The weighted-average dumping margins are as 
follows:

                  Sodium Hexametaphosphate From the PRC
------------------------------------------------------------------------
                                                            Weighted-
                 Manufacturer/Exporter                    Average Margin
                                                            (Percent)
------------------------------------------------------------------------
Jiangyin Chengxing International Trading Co., Ltd......          92.02
Sichuan Mianzhu Norwest Phosphate Chemical Company               92.02
 Limited...............................................
PRC-Wide Rate (including Yibin Tianyuan Group Co.,              188.05
 Ltd., Mianyang Aostar Phosphorous Chemical Industry
 Co., Ltd., and Hubei Xingfa Chemicals Group Co., Ltd.
 ).....................................................
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
SHMP from the PRC pursuant to section 736(a) of the Act. Interested 
parties may contact the Department's Central Records Unit, Room 1117 of 
the main Commerce building, for copies of an updated list of 
antidumping duty orders currently in effect.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 351.211.

    Dated: March 14, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-5657 Filed 3-18-08; 8:45 am]
BILLING CODE 3510-DS-S