[Federal Register Volume 77, Number 188 (Thursday, September 27, 2012)]
[Notices]
[Pages 59375-59377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23832]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-908]


Sodium Hexametaphosphate From the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review

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

SUMMARY: On March 23, 2012, the Department of Commerce (``Department'') 
published in the Federal Register the Preliminary Results of the second 
administrative review of the antidumping duty order on sodium 
hexametaphosphate (``sodium hex'') from the People's Republic of China 
(``PRC'') for the period of review (``POR'') March 1, 2010, through 
February 28, 2011.\1\ Based upon our analysis of the comments, we made 
changes to the margin calculation for the final results.
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    \1\ See Sodium Hexametaphosphate from the People's Republic of 
China: Preliminary Results of Second Antidumping Duty Administrative 
Review, 77 FR 17013 (March 23, 2012) (``Preliminary Results'').

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DATES: Effective Date: September 27, 2012.

FOR FURTHER INFORMATION CONTACT: Paul Walker, AD/CVD Operations, Office 
9, Import Administration, International Trade Administration, 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone--202.482.0413.

SUPPLEMENTARY INFORMATION: 

Case History

    On March 23, 2012, the Department published the Preliminary 
Results. On May 17, 2012, the Department extended the time limit for 
these final results by 60 days.\2\
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    \2\ See Sodium Hexametaphosphate from the People's Republic of 
China: Extension of Time Limit for the Final Results, 77 FR 29314 
(May 25, 2012).
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    Between May 4 and May 25, 2012, interested parties submitted 
surrogate value information and rebuttal surrogate value comments. 
Interested parties were further provided an opportunity to comment on 
the Preliminary Results. Between June 4, 2012, and June 11, 2012, we 
received briefs and rebuttal briefs from ICL Performance Products and 
Innophos, Inc. (``Petitioners'') and Hubei Xingfa Chemical Group Co., 
Ltd. (``Xingfa'').

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this review are addressed in the memorandum entitled, ``Second 
Administrative Review of Sodium Hexametaphosphate from the People's 
Republic of China: Issues and Decision Memorandum for the Final 
Results,'' which is dated concurrently with and adopted by this notice 
(``I&D Memo''). A list of the issues which parties raised, and to which 
we respond in the I&D Memo is attached to this notice as Appendix I. 
The I&D Memo is a public document and is on file electronically via 
Import Administration's Antidumping and Countervailing Duty Centralized 
Electronic Service System (``IA ACCESS''). IA ACCESS is available to 
registered users at http://iaaccess.trade.gov and in the Central 
Records Unit (``CRU''), room 7046 of the main Department of Commerce 
building. In addition, a complete version of the I&D Memo can be 
accessed directly on the Internet at http://www.trade.gov/ia/. The 
signed I&D Memo and the electronic versions of the I&D Memo are 
identical in content.

Changes Since the Preliminary Results

    The Department has made changes to the preliminary margin 
calculation. Specifically, we:
     Used the unconsolidated financial statement of Aditya 
Birla Chemicals (Thailand), Ltd., to calculate all surrogate financial 
ratios; \3\
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    \3\ See I&D Memo at Comment I.
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     Valued electricity using data from the Thai Metropolitan 
Electric Authority; \4\
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    \4\ See I&D Memo at Comments II.
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     Capped Xingfa's supplier distances; \5\
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    \5\ See I&D Memo at Comment IV.A.
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     Valued truck freight and brokerage and handling using 
Doing Business: Thailand 2011; \6\
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    \6\ See I&D Memo at Comment IV.B.
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     Valued white coal using a Thai harmonized tariff schedule 
number (``HTS'') for anthracite; and \7\
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    \7\ See I&D Memo at Comment V.A.
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     Valued super sacks using a Thai HTS.\8\
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    \8\ See I&D Memo at Comment VIII.
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Scope of the Order

    The merchandise subject to this review is sodium hexametaphosphate. 
Sodium hexametaphosphate 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. Sodium hexametaphosphate has a 
P2O5 content from 60 to 71 percent.

[[Page 59376]]

Alternate names for sodium hexametaphosphate 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. Sodium hexametaphosphate 
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 sodium hexametaphosphate. 
The CAS registry number is 68915-31-1. However, sodium 
hexametaphosphate is commonly identified by CAS No. 10124-56-8 in the 
market. For purposes of the review, the narrative description is 
dispositive, not the tariff heading, CAS registry number or CAS name.
    The product covered by this review includes sodium 
hexametaphosphate in all grades, whether food grade or technical grade. 
The product covered by this review includes sodium hexametaphosphate 
without regard to chain length i.e., whether regular or long chain. The 
product covered by this review includes sodium hexametaphosphate 
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 review does not include sodium 
hexametaphosphate when imported in a blend with other materials in 
which the sodium hexametaphosphate accounts for less than 50 percent by 
volume of the finished product.

Separate Rates Determination

    In our Preliminary Results, we determined that Xingfa met the 
criteria for separate rate status. We have not received any information 
since the issuance of the Preliminary Results that provides a basis for 
reconsidering this preliminary determination. Therefore, the Department 
continues to find that Xingfa has met the criteria for a separate rate.

Final Results of Review

    The dumping margin for the POR is as follows:

------------------------------------------------------------------------
                                                              Margin
                        Exporter                            (percent)
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Hubei Xingfa Chemical Group Co., Ltd...................           91.23
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    The Department will disclose calculations performed for these final 
results to the parties within five days of the date of publication of 
this notice, in accordance with section 351.224(b) of the Department's 
regulations.

Assessment

    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. The Department intends 
to issue assessment instructions to CBP 15 days after the date of 
publication of the final results of review. Pursuant to section 
351.212(b)(1) of the Department's regulations, we will calculate 
importer-specific (or customer) ad valorem duty assessment rates based 
on the ratio of the total amount of the dumping margins calculated for 
the examined sales to the total entered value of those same sales. In 
accordance with section 351.106(c)(2) of the Department's regulations, 
we will instruct CBP to liquidate, without regard to antidumping 
duties, all entries of subject merchandise during the POR for which the 
importer-specific assessment rate is zero or de minimis.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For the exporter 
listed above, the cash deposit rate will be the rate established in the 
final results of review (except, if the rate is zero or de minimis, 
i.e., less than 0.5 percent, a zero cash deposit rate will be required 
for that company); (2) for previously investigated or reviewed PRC and 
non-PRC exporters not listed above that have a separate rate, 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 the PRC-wide rate of 188.05 
percent; 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 exporters that supplied that non-PRC 
exporter. The deposit requirements, when imposed, shall remain in 
effect until further notice.

Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under section 351.402(f) of the Department's regulations 
to file a certificate regarding the reimbursement of antidumping duties 
prior to liquidation of the relevant entries during this POR. Failure 
to comply with this requirement could result in the Department's 
presumption that reimbursement of antidumping duties has occurred and 
the subsequent assessment of doubled antidumping duties.

Administrative Protective Orders

    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 section 351.305 of the 
Department's regulations, which continues to govern business 
proprietary information in this segment of the proceeding. Timely 
written notification of the return/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.
    We are issuing and publishing this administrative review and notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: September 19, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I

Comment I. Surrogate Financial Ratios
Comment II. Surrogate Value for Electricity
Comment III. Surrogate Value for Yellow Phosphorous
Comment IV. Freight
    A. Capping the Sigma \9\ Distance
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    \9\ See Sigma Corp. v. United States, 117 F. 3d 1401 (Fed. Cir. 
1997) (``Sigma'').
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    B. Surrogate Value for Truck Freight
    C. Surrogate Value for Barge Freight
Comment V. Coal
    A. Surrogate Value for White Coal
    B. Surrogate Value for Crude Coal
Comment VI. Surrogate Value for Phosphate Rock
Comment VII. Surrogate Value for Phosphate Slag
Comment VIII. Surrogate Value for Super

[[Page 59377]]

Sacks

[FR Doc. 2012-23832 Filed 9-26-12; 8:45 am]
BILLING CODE 3510-DS-P