[Federal Register Volume 79, Number 57 (Tuesday, March 25, 2014)]
[Notices]
[Pages 16280-16282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06570]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-934]


1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's 
Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review; 2012-2013

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.

SUMMARY: The Department of Commerce (``the Department'') is conducting 
an administrative review of the antidumping duty order on 1-
hydroxyethylidene-1, 1-diphosphonic acid (``HEDP'') from the People's 
Republic of China (``PRC''). The period of review (``POR'') is April 1, 
2012, through March 31, 2013. We preliminarily found that the only 
respondent, Shandong Taihe Chemicals Co., Ltd. (``STCC''), sold subject 
merchandise at less than normal value (``NV''). We invite interested 
parties to comment on these preliminary results.

DATES: Effective Date: March 25, 2014.

FOR FURTHER INFORMATION CONTACT: Jamie Blair-Walker, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington DC 20230; telephone: (202) 482-2615.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The merchandise subject to the 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 the 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 the order is dispositive.
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    \1\ C2H8O7P2 or 
C(CH3)(OH)(PO3H2)2
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Extension of Deadlines for Preliminary Results

    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department exercised its discretion to 
toll deadlines for the duration of the closure of the Federal 
Government from October 1, through October 16, 2013.\2\ Therefore, all 
deadlines in this segment of the proceeding have been extended by 16 
days. If the new deadline falls on a non-business day, in accordance 
with the Department's practice, the deadline will become the next 
business day. On January 10, 2014, we extended the deadline for the 
preliminary results by an additional 60 days.\3\ The revised deadline 
for the preliminary results of this review is now March 18, 2014.\4\
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    \2\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, ``Deadlines Affected by 
the Shutdown of the Federal Government'' (October 18, 2013).
    \3\ See Memorandum from Jamie Blair-Walker through Abdelali 
Elouaradia to Christian Marsh regarding ``1-Hydroxyethylidene-1, 1-
Diphosphonic Acid from the People's Republic of China: Extension of 
Deadline for Preliminary Results of Antidumping Duty Administrative 
Review'' (January 10, 2014).
    \4\ The deadline for the preliminary results of this review was 
March 17, 2014. Due to the closure of the Federal Government in 
Washington, DC on March 17, 2014, the Department reached this 
determination on the next business day (i.e., March 18, 2014). See 
Notice of Clarification: Application of ``Next Business Day'' Rule 
for Administrative Determination Deadlines Pursuant to the Tariff 
Act of 1930, As Amended, 70 FR 24533 (May 10, 2005).
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Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (``the Act''). 
Export prices and constructed export prices were calculated in 
accordance with section 772 of the Act. Because the PRC is a non-market 
economy (``NME'') within the meaning of section 771(18) of the Act, NV 
was calculated in accordance with section 773(c) of the Act.
    For a full description of the methodology underlying our 
conclusions, please see the memorandum from Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty Operations, 
to Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
``Decision Memorandum for the Preliminary Results of the 2012-2013 
Administrative Review of the Antidumping Duty Order on 1-
Hydroxyethylidene-1, 1-Diphosphonic Acid from the People's Republic of 
China (``Preliminary Decision Memorandum''), hereby adopted by this 
notice. The Preliminary Decision Memorandum is a public document and is 
on file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``IA 
ACCESS''). IA ACCESS is available to registered users at http://iaaccess.trade.gov. The Preliminary Decision Memorandum is also 
available in the Central Records Unit, room 7046 of the main Department 
of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn. The signed Preliminary Decision Memorandum 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margin exists:

[[Page 16281]]



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                                                    Weighted- average
                    Exporter                          dumping margin
                                                        (percent)
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STCC...........................................                    43.58
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Disclosure and Public Comment

    The Department intends to disclose calculations performed for these 
preliminary results to the parties within five days of the date of 
publication of this notice.\5\ Interested parties may submit case 
briefs no later than 30 days after the date of publication of these 
preliminary results of review.\6\ Rebuttal briefs may be filed no later 
than five days after case briefs are filed and may respond only to 
arguments raised in the case briefs.\7\ A table of contents, list of 
authorities used, and an executive summary of issues should accompany 
any briefs submitted to the Department. This summary should be limited 
to five pages total, including footnotes. Interested parties that wish 
to request a hearing, or to participate if one is requested, must 
submit a written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, within 30 days after the date 
of publication of this notice.\8\ Requests should contain the party's 
name, address, and telephone number, the number of participants, and a 
list of the issues to be discussed. If a request for a hearing is made, 
the Department intends to hold the hearing at the U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230, at a date and time to be determined.\9\ Parties should confirm 
by telephone the date, time, and location of the hearing two days 
before the scheduled date.
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    \5\ See 19 CFR 351.224(b).
    \6\ See 19 CFR 351.309(c).
    \7\ See 19 CFR 351.309(d).
    \8\ See 19 CFR 351.310(c).
    \9\ See 19 CFR 351.310(d).
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    All submissions, with limited exceptions, must be filed 
electronically using IA ACCESS. An electronically filed document must 
be received successfully in its entirety by 5 p.m. Eastern Time 
(``ET'') on the due date. Documents excepted from the electronic 
submission requirements must be filed manually (i.e., in paper form) 
with the APO/Dockets Unit in Room 1870 and stamped with the date and 
time of receipt by 5 p.m. ET on the due date.\10\
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    \10\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
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    The Department intends to issue the final results of this 
administrative review, which will include the results of its analysis 
of issues raised in any briefs, within 120 days of publication of these 
preliminary results, pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    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 covered by this 
review.\11\ The Department intends to issue assessment instructions to 
CBP 15 days after the publication date of the final results of this 
review. For any individually examined respondent whose weighted-average 
dumping margin is above de minimis (i.e., 0.50 percent) in the final 
results of this review, the Department will calculate an importer-
specific assessment rate on the basis of the ratio of the total amount 
of antidumping duties calculated for the importer's examined sales and 
the total entered value of sales, in accordance with 19 CFR 
351.212(b)(1). In these preliminary results, the Department applied the 
assessment rate calculation method adopted in the Final Modification 
for Reviews.\12\ Where either the respondent's weighted-average dumping 
margin is zero or de minimis, or an importer- (or customer-) specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
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    \11\ See 19 CFR 351.212(b)(1).
    \12\ See Antidumping Proceeding Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012) 
(``Final Modification for Reviews.'').
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    On October 24, 2011, the Department announced a refinement to its 
assessment practice in NME antidumping duty cases.\13\ Pursuant to this 
refinement in practice, for merchandise that was not reported in the 
U.S. sales databases submitted by an exporter individually examined 
during this review, but that entered under the case number of that 
exporter (i.e., at the individually-examined exporter's cash deposit 
rate), the Department will instruct CBP to liquidate such entries at 
the PRC-wide rate. Additionally, pursuant to this refinement, 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 will be liquidated at the PRC-wide rate.
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    \13\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full 
discussion of this practice.
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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 Act: (1) For the company 
listed above the cash deposit rate will be the rate established in the 
final results of this review, except if the rate is zero or de minimis 
(i.e., less than 0.5 percent), no cash deposit will be required; (2) 
for previously investigated PRC and non-PRC exporters not listed above 
that have separate rates, 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 that for 
the PRC-wide entity; 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 exporter that supplied that 
non-PRC exporter. These deposit requirements, when imposed, shall 
remain in effect until further notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) 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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.


[[Page 16282]]


     Dated: March 18, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Background
2. Scope of the Order
3. Selection of Respondents
4. Non-Market Economy Country
5. Separate Rate
6. Surrogate Country and Surrogate Value Data
7. Fair Value Comparisons
8. U.S. Price
9. Normal Value
10. Currency Conversion

[FR Doc. 2014-06570 Filed 3-24-14; 8:45 am]
BILLING CODE 3510-DS-P