[Federal Register Volume 79, Number 182 (Friday, September 19, 2014)]
[Notices]
[Pages 56341-56342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22416]



[[Page 56341]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-934]


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

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

SUMMARY: On March 25, 2014, the Department of Commerce (``the 
Department'') published its Preliminary Results of the 2012-2013 
administrative review of the antidumping duty order on 1-
Hydroxyethylidene-1, 1-Diphosphonic Acid (``HEDP'') from the People's 
Republic of China (``the PRC'').\1\ This review covers one company, 
Shandong Taihe Chemicals Co., Ltd. (``STCC''). The period of review 
(``POR'') is April 1, 2012, through March 31, 2013. We invited 
interested parties to comment on our Preliminary Results. Based on our 
analysis of the comments received, we made a change to the margin 
calculations for these final results. The final dumping margin is 
listed below in the ``Final Results'' section of this notice.
---------------------------------------------------------------------------

    \1\ See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the 
People's Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review; 2012-2013, 79 FR 16280 (March 25, 2014) 
(``Preliminary Results'').

---------------------------------------------------------------------------
DATES: Effective Date: September 19, 2014.

FOR FURTHER INFORMATION CONTACT: Jamie Blair-Walker or Robert Bolling, 
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 or (202) 482-3434, respectively.

Background

    On March 25, 2014, the Department published its Preliminary Results 
and invited interested parties to comment. STCC filed a case brief; no 
other interested party commented.\2\
---------------------------------------------------------------------------

    \2\ See the memorandum entitled ``Issues and Decision Memorandum 
for the Final Results of the 2012-2013 Antidumping Duty 
Administrative Review of 1-Hydroxyethylidene-1, 1-Diphosphonic Acid 
from the People's Republic of China,'' dated concurrently with and 
hereby adopted by this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the order is 1-hydroxyethylidene-1, 1-
diphosphonic acid. 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 full written description of 
the scope of the order is dispositive.\3\
---------------------------------------------------------------------------

    \3\ For a complete description of the merchandise subject to 
this order, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in STCC's case brief are addressed in the Issues 
and Decision Memorandum. A list of the issues that STCC raised and to 
which we responded in the Issues and Decision Memorandum follows as an 
appendix to this notice. The Issues and 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 and in the Central Records Unit, room 7046 of 
the main Department of Commerce building. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/. The paper copy and electronic 
version of the Issues and Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from STCC 
regarding the Preliminary Results, we made revisions to the margin 
calculation for STCC.\4\
---------------------------------------------------------------------------

    \4\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------

Final Results

    We determine that the following weighted-average dumping margin 
exists for the POR:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Shandong Taihe Chemicals Co., Ltd...........................       76.94
------------------------------------------------------------------------

Assessment Rates

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries covered by this review. The Department intends to 
issue assessment instructions to CBP 15 days after the publication date 
of these final results of this review. Where an assessment rate is 
above de minimis (de minimis being less than 0.5 percent in a review), 
the Department will instruct CBP to assess duties on all entries of 
subject merchandise for that importer during the period from April 1, 
2012, through March 31, 2013. In accordance with 19 CFR 351.212(b)(1), 
we are calculating importer- (or customer-) specific assessment rates 
for the merchandise subject to this review. For any individually 
examined respondent whose weighted-average dumping margin is above de 
minimis (i.e., 0.50 percent), the Department will calculate importer-
specific assessment rates on the basis of the ratio of the total amount 
of dumping calculated for the importer's examined sales and the total 
entered value of sales.\5\ The Department will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review 
when the importer-specific assessment rate is above de minimis. Where 
either the respondent's weighted-average dumping margin is zero or de 
minimis, or an importer-specific assessment rate is zero or de minimis, 
we will instruct CBP to liquidate the appropriate entries without 
regard to antidumping duties.
---------------------------------------------------------------------------

    \5\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------

    The Department announced a refinement to its assessment practice in 
non-market economy (``NME'') cases.\6\ 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.
---------------------------------------------------------------------------

    \6\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full 
discussion of this practice.
---------------------------------------------------------------------------

Cash Deposit Requirements

    The cash deposit requirements will be effective upon publication of 
the final results of this administrative review for shipments of the 
subject merchandise

[[Page 56342]]

from the PRC entered, or withdrawn from warehouse, for consumption on 
or after the publication date, as provided by section 751(a)(2)(C) of 
the of the Tariff Act of 1930, as amended (the ``Act''): (1) For STCC, 
the cash deposit rate will be equal to the weighted-average dumping 
margin established in the final results of this review; (2) 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; (3) for all PRC exporters of subject 
merchandise that have not been found to be entitled a separate rate, 
the cash deposit rate will be that for the PRC-wide entity established 
in the final determination of the less than fair value investigation 
(i.e., 72.42 percent); and (5) 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.

Disclosure

    We intend to disclose the calculations performed regarding these 
final results within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).

Notification to Importers Regarding the Reimbursement of Duties

    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 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 Order

    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 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return or 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 12, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--Issues and Decision Memorandum

Summary
Background
Scope of the Order
Discussion of the Issues
    Comment 1: Surrogate Value for HEDP
    Comment 2: Surrogate Value for Phosphorus Trichloride
    Comment 3: Surrogate Value for Plastic Bulk Containers
Recommendation

[FR Doc. 2014-22416 Filed 9-18-14; 8:45 am]
BILLING CODE 3510-DS-P