[Federal Register Volume 76, Number 28 (Thursday, February 10, 2011)]
[Notices]
[Pages 7532-7534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3018]


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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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On November 29, 2010, the Department of Commerce (Department) 
published the preliminary results of the first administrative review of 
the antidumping duty order on 1-Hydroxyethylidene-1, 1-Diphosphonic 
Acid from India. The review covers one manufacturer/exporter of the 
subject merchandise to the United States: Aquapharm Chemicals Pvt., 
Ltd. (Aquapharm). The period of review (POR) is April 23, 2009, through 
March 31, 2010. The final weighted-average dumping margin for the 
manufacturer/exporter is listed below in the ``Final Results of 
Review'' section of this notice.

[[Page 7533]]


DATES: Effective Date: February 10, 2011.

FOR FURTHER INFORMATION CONTACT: David Goldberger or Brandon Custard, 
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-
4136 or (202) 482-1823, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    The review covers one manufacturer/exporter of the subject 
merchandise to the United States: Aquapharm.
    On November 29, 2010, the Department published in the Federal 
Register the preliminary results of the first administrative review of 
the antidumping duty order on 1-Hydroxyethylidene-1, 1-Diphosphonic 
Acid from India (75 FR 73042).
    We invited parties to comment on the preliminary results of the 
review. No interested party submitted comments. Therefore, the final 
results do not differ from the preliminary results. The Department has 
conducted this administrative review in accordance with section 751 of 
the Tariff Act of 1930, as amended (the Act).

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\ 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 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 this order is dispositive.
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    \1\ C2H8O7P2 or 
C(CH3)(OH)(PO3H2)2
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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 23, 
2009, through March 31, 2010:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Aquapharm Chemicals Pvt., Ltd..............................         0.00
------------------------------------------------------------------------

Assessment Rates

    The Department shall determine, and Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries, in 
accordance with 19 CFR 351.212. The Department intends to issue 
appropriate appraisement instructions for the respondent subject to 
this review directly to CBP 15 days after the date of publication of 
the final results of this review.
    Where the respondent reported entered value for its U.S. sales, we 
have calculated 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 the respondent did not report entered value for its U.S. 
sales, we have calculated 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 have calculated 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 (i.e., at or above 0.50 percent). Pursuant to 19 CFR 
351.106(c)(2), we will instruct CBP to liquidate without regard to 
antidumping duties any entries for which the assessment rate is de 
minimis (i.e., less than 0.50 percent). 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.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment 
Policy Notice). This clarification will apply to entries of subject 
merchandise during the POR produced by the company included in these 
final results of review for which the reviewed company did not know 
that the merchandise it sold to the 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. See Assessment Policy 
Notice for a full discussion of this clarification.

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 the company 
listed above is less than 0.50 percent and, therefore, de minimis 
within the meaning of 19 CFR 351.106(c)(1), and therefore the cash 
deposit rate is 0 percent; (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 (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) 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.
    This administrative review and notice are published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221.


[[Page 7534]]


    Dated: February 3, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-3018 Filed 2-9-11; 8:45 am]
BILLING CODE 3510-DS-P