[Federal Register Volume 78, Number 60 (Thursday, March 28, 2013)]
[Notices]
[Pages 18956-18957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07254]



[[Page 18956]]

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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; 2011-2012

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On December 7, 2012, the Department of Commerce (the 
``Department'') published the Preliminary Results of the third 
administrative review of sodium hexametaphosphate from the People's 
Republic of China (``PRC'').\1\ We gave interested parties an 
opportunity to comment on the Preliminary Results. No party commented 
on the Preliminary Results.
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    \1\ See Sodium Hexametaphosphate from the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative 
Review; 2011-2012, 77 FR 73011 (December 7, 2012) (``Preliminary 
Results'').

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DATES: Effective Date: March 28, 2013.

FOR FURTHER INFORMATION CONTACT: Paul Walker, 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: 202.482.0413.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The scope of this order consists of sodium hexametaphosphate.\2\ 
The merchandise subject to this order is currently classifiable in the 
Harmonized Tariff Schedule of the United States (``HTSUS'') statistical 
reporting number 2835.39.5000. However, it may also be imported as a 
blend or mixture under heading 3824.90.3900. Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written product description, available in the Order remains 
dispositive.\3\
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    \2\ See ``Decision Memorandum for Preliminary Results of 
Antidumping Duty Administrative Review: Sodium Hexametaphosphate 
from the People's Republic of China,'' from Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations to Paul Piquado, Assistant Secretary for Import 
Administration, dated November 29, 2012 (``Preliminary Decision 
Memorandum'').
    \3\ See Notice of Antidumping Duty Order: Sodium 
Hexametaphosphate from the People's Republic of China, 73 FR 14772 
(March 19, 2008) (``Order'').
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Final Finding of No Shipments

    As noted in the Preliminary Results, because Hubei Xingfa Chemical 
Group Co., Ltd. (``Hubei Xingfa'') and Sichuan Mianzhu Norwest 
Phosphate Co. (``Norwest'') submitted timely no-shipment certifications 
and U.S. Customs and Border Protection (``CBP'') data indicated that 
there were no reviewable transactions for these companies during the 
period of review (``POR''), we determined that Hubei Xingfa and Norwest 
had no reviewable transactions of subject merchandise and retained 
their separate rate from the previous administrative review.\4\ As no 
information, or argument, has been placed on the record to challenge 
these findings, for the final results we continue to find that Hubei 
Xingfa and Norwest had no reviewable transactions of subject 
merchandise, and thus, have retained their separate rate from the 
previous administrative review.
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    \4\ See Preliminary Results, 77 FR at 73011-12; see also 
Preliminary Decision Memorandum at 2-3.
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PRC-Wide Entity

    As noted in the Preliminary Results, there are 13 other companies 
also under review in this segment, none of which have a separate rate 
from a prior segment of this proceeding.\5\ As no information, or 
argument, has been placed on the record to challenge these findings, 
for the final results we continue to find that these companies have not 
established their eligibility for a separate rate, and they will 
continue to be considered part of the PRC-wide entity.
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    \5\ See Preliminary Results, 77 FR at 73012.
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Final Results of Review

    The weighted-average dumping margins for the POR are as follows:
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    \6\ The PRC-wide entity includes Aditya Birla Chemicals 
(Thailand) Ltd., Anhui Technology Import & Export Co., Ltd., Anshan 
Career Economic Trade Co., Ltd., Blue Science Limited, Boon Stream 
Chemical International Trade, Chengdu Boon Stream Chemical Industry 
Co., Ltd., Dezhou Hualude Hardware Products Co. Ltd., Gatehouse 
International Freight Ltd., Henan Sinchems Imp and Exp Co., Ltd., 
Hubei Xingfa Chemical Export Import Co. Ltd., Rushan Wooyoung 
Trading Co., Ltd., Unison Chemical Industrial Co, Ltd. and Zhejiang 
Chun-an Foreign Trade Co.

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                                                             Weighted-
                                                              average
                        Exporter                          dumping margin
                                                             (percent)
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PRC-wide Entity \6\.....................................          188.05
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Assessment

    Upon issuance of the final results, the Department will determine, 
and 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. The 
Department recently announced a refinement to its assessment practice 
in NME cases. Pursuant to this refinement in practice, for entries that 
were not reported by companies examined during this review, the 
Department will instruct CBP to liquidate such entries at the NME-wide 
rate. In addition, 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 (i.e., at that 
exporter's rate) will be liquidated at the NME-wide rate.\7\
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    \7\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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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 Tariff Act of 1930, as amended 
(the ``Act''): (1) For previously investigated or reviewed PRC and non-
PRC exporters not listed above that received a separate rate in a prior 
segment of this proceeding, the cash deposit rate will continue to be 
the existing exporter-specific rate; (2) for all PRC exporters of 
subject merchandise that have not been found to be entitled to a 
separate rate, the cash deposit rate will be that for the PRC-wide 
entity; and (3) 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.

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.

[[Page 18957]]

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: March 21, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-07254 Filed 3-27-13; 8:45 am]
BILLING CODE 3510-DS-P