[Federal Register Volume 74, Number 46 (Wednesday, March 11, 2009)]
[Notices]
[Pages 10543-10545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5231]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

A-533-847


1-Hydroxyethylidene-1, 1-Diphosphonic Acid from India: Notice of 
Final Determination of Sales at Less Than Fair Value

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (the Department) has 
determined that 1-hydroxyethylidene-1, 1-diphosphonic acid (HEDP) from 
India is being, or is likely to be, sold in the United States at less-
than-fair-value (LTFV), as provided in section 735 of the Tariff Act of 
1930, as amended (the Act). The estimated margins of sales at LTFV are 
listed in the ``Continuation of Suspension of Liquidation'' section of 
this notice.

[[Page 10544]]


EFFECTIVE DATE: March 11, 2009.

FOR FURTHER INFORMATION CONTACT: Brian Smith and Gemal Brangman, 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) 482-1766 
and (202) 482-3773, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 21, 2008, the Department published in the Federal 
Register its preliminary determination in the antidumping duty 
investigation of HEDP from India. See 1-Hydroxyethylidene-1, 1-
Diphosphonic Acid from the Republic of India and the People's Republic 
of China: Notice of Preliminary Determination of Sales at Less Than 
Fair Value and Postponement of Final Determination, 73 FR 62465 
(October 21, 2008) (Preliminary Determination).
    We conducted verification of the questionnaire responses submitted 
by Aquapharm Chemicals Private Limited (Aquapharm) in November 2008. 
See Memorandum to The File from Case Analysts entitled ``Verification 
of the Questionnaire Responses of Aquapharm Chemicals Pvt. Ltd. 
(Aquapharm) in the Antidumping Duty Investigation of 1-
Hydroxyethylidene-1, 1-Diphosphonic Acid (HEDP) from India,'' dated 
January 13, 2009 (Verification Report). The verification report is on 
file and available in the Central Records Unit (CRU), Room 1117 of the 
Department's main building.
    On January 26, 2009, Aquapharm and the petitioner submitted case 
briefs. On February 2, 2009, Aquapharm and the petitioner submitted 
rebuttal briefs. As neither party requested a hearing, a hearing was 
not held in this case.

Period of Investigation

    The period of investigation (POI) is January 1, 2007, to December 
31, 2007. This period corresponds to the four most recent fiscal 
quarters prior to the month of the filing of the petition.

Scope of Investigation

    The merchandise covered by this investigation 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 this investigation 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 this investigation is dispositive.
---------------------------------------------------------------------------

    \1\ C[bdi2]H[bdi8]O[bdi7]P[bdi2] or 
C(CH[bdi3])(OH)(PO[bdi3]H[bdi2])[bdi2]
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this antidumping investigation are addressed in the ``Issues and 
Decision Memorandum for the Final Determination in the Less-Than-Fair-
Value Investigation of 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from 
India'' from John Andersen, Acting Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, 
Acting Assistant Secretary for Import Administration (Decision 
Memorandum), dated March 5, 2009, which is hereby adopted by this 
notice. A list of the issues which parties have raised and to which we 
have responded, all of which are in the Decision Memorandum, is 
attached to this notice as an appendix. Parties can find a complete 
discussion of all issues raised in this investigation and the 
corresponding recommendations in the Decision Memorandum, which is on 
file in the CRU. In addition, a complete version of the Decision 
Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov/frn/. The paper copy and electronic version of the 
Decision Memorandum are identical in content.

Verification

    As provided in section 782(i) of the Act, we verified the 
information submitted by Aquapharm for use in our final determination. 
We used standard verification procedures including an examination of 
relevant accounting and production records, and original source 
documents provided by Aquapharm. See Verification Report.

Final Determination Margins

------------------------------------------------------------------------
                                                       Weighted-Average
                Manufacturer/Exporter                  Margin (percent)
------------------------------------------------------------------------
Aquapharm Chemicals Private Limited.................                3.10
All Others..........................................                3.10
------------------------------------------------------------------------

    We determine that the following weighted-average dumping margins 
exist for the period January 1, 2007, to December 31, 2007:

Disclosure

    We will disclose the calculations performed within five days of the 
date of publication of this notice to parties in this proceeding in 
accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    Pursuant to section 735(c)(1)(B) of the Act, we will instruct U.S. 
Customs and Border Protection (CBP) to continue to suspend liquidation 
of all entries of HEDP from India, entered, or withdrawn from 
warehouse, for consumption on or after October 21, 2008, the date of 
publication of the Preliminary Determination. We will instruct CBP to 
require a cash deposit or the posting of a bond equal to the weighted-
average dumping margins, as indicated above and as follows: (1) the 
rate for Aquapharm will be 3.10 percent; (2) if the exporter is not a 
firm identified in this investigation, but the producer is, the rate 
will be the rate established for the producer of the subject 
merchandise; (3) the rate for all other producers or exporters will be 
3.10 percent. These suspension of liquidation instructions will remain 
in effect until further notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (ITC) of our final determination. As our 
final determination is affirmative, in accordance with section 
735(b)(2) of the Act, the ITC will determine, within 45 days, whether 
the domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports or sales (or the 
likelihood of sales) for importation of the subject merchandise. If the 
ITC determines that material injury or threat of material injury does 
not exist, the proceeding will be terminated and all securities posted 
will be refunded or canceled. See section 735(c)(2) of the Act. If the 
ITC determines that such injury does exist, the Department will issue 
an antidumping duty order directing CBP to assess antidumping duties on 
all imports of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the effective date of the 
suspension of liquidation.

Notification Regarding APO

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information

[[Page 10545]]

disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.
    This determination is issued and published pursuant to sections 
735(d) and 777(i)(1) of the Act.

    Dated: March 5, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix Issues in Decision Memorandum

1. U.S. Date of Sale
2. U.S. Sales Type Designation
3. Level of Trade
4. U.S. Credit Expenses and Inventory Carrying Costs
5. Verification Corrections

[FR Doc. E9-5231 Filed 3-10-09; 8:45 am]
BILLING CODE: 3510-DS-S