[Federal Register Volume 82, Number 95 (Thursday, May 18, 2017)]
[Notices]
[Pages 22807-22809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10078]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-045]


1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's 
Republic of China: Amended Final Determination of Sales at Less Than 
Fair Value, and Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Department) and the International Trade Commission (ITC), the 
Department is issuing an antidumping duty order on 1-Hydroxyethylidene-
1, 1-Diphosphonic Acid (HEDP) from the People's Republic of China 
(PRC). We are also amending our Final Determination to correct 
ministerial errors with respect to Nanjing University of Chemical 
Technology Changzhou Wujin Water Quality Stabilizer Factory and Nantong 
Uniphos Chemicals Co., Ltd. (collectively, WW Group).

DATES: Effective May 18, 2017.

FOR FURTHER INFORMATION CONTACT: Omar Qureshi or Kenneth Hawkins, AD/
CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-5307 or (202) 
482-6491, respectively.

SUPPLEMENTARY INFORMATION:

Period of Investigation

    The period of investigation (POI) is July 1, 2015, through December 
30, 2015.\1\
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    \1\ See 19 CFR 351.204(b)(1).
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Background

    On March 23, 2017, the Department published in the Federal Register 
the Final Determination that HEDP from the PRC is being, or is likely 
to be, sold in the United States at LTFV, as provided in section 735 of 
the Tariff Act of 1930, as amended (Act).\2\ From March 23, 2017, to 
March 24, 2017, WW Group, Henan Qingshuiyuan Technology Co., Ltd. 
(Qingshuiyuan), and Compass Chemical International LLC (the petitioner) 
respectively submitted ministerial allegations concerning the

[[Page 22808]]

Final Determination.\3\ On May 8, 2017, the ITC notified the Department 
of its affirmative determination that an industry in the United States 
is materially injured within the meaning of section 705(b)(1)(A)(i) of 
the Act, by reason of subsidized imports of subject merchandise from 
the PRC.\4\ On May 12, 2017, the ITC published its final determination 
in the Federal Register.\5\
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    \2\ See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the 
People's Republic of China: Final Determination of Sales at Less 
Than Fair Value, 82 FR 14876 (March 23, 2017) (Final Determination).
    \3\ See Letter from WW Group to the Department, regarding ``1-
Hydroxyethylidene-1, 1-Diphosphonic Acid (``HEDP'') from the 
People's Republic of China, A-570-045; Request for Correction of 
Ministerial Error Pursuant to 19 CFR 351.224(f)'' (March 23, 2017) 
(WW Group's Ministerial Allegations); see also, Letter from QY to 
the Department, regarding ``Request for Correction of Ministerial 
Error Pursuant to 19 CFR 351.224(f)'' (March 24, 2017) (QY's 
Ministerial Allegations); see also Letter from Petitioner to the 
Department, regarding ``1-Hydroxyethylidene-1, 1-Diphosphonic Acid 
from the People's Republic of China'' (March 24, 2017) (Petitioner's 
Ministerial Allegation).
    \4\ See Letter to Ronald Lorentzen, Acting Assistant Secretary 
of Commerce for Enforcement and Compliance, from Rhonda K. 
Schmidtlein, Chairman of the U.S. International Trade Commission, 
regarding HEDP from the PRC, (May 8, 2017) (ITC Letter).
    \5\ See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid (``HEDP'') 
from China; Determinations, 82 FR 22017 (May 11, 2017) (ITC Final).
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Scope of the Order

    For a complete description of the scope of the order, see Appendix.

Amendment to Final Determination

    After considering parties' comments and reviewing the record, 
pursuant to section 735(e) of the Act and 19 CFR 351.224(e) and (f), 
the Department is amending the Final Determination to reflect the 
correction of ministerial errors it made in calculating the final 
margin assigned to the WW Group.\6\ In addition, because the rates for 
Qingshuiyuan, Jianghai Environmental Protection Co., Ltd., and the PRC-
Wide Entity are based on the margins for WW Group and/or Shandong Taihe 
Chemicals Co., Ltd. (Taihe), we are also revising these rates.\7\
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    \6\ For a detailed discussion of the ministerial error 
allegations, see Memorandum to James Maeder, Senior Director, 
Antidumping and Countervailing Duty Operations, through James C. 
Doyle, Director, Office V, Enforcement and Compliance, Subject: 
Antidumping Duty Investigation of 1-Hydroxyethylidene-1, 1-
Diphosphonic Acid People's Republic of China: Ministerial Error 
Memorandum, dated concurrently with this notice (Amended Final 
Memorandum).
    \7\ Id.
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    As a result of this amended final determination, we have revised 
the estimated weighted-average dumping margins and the export subsidy 
adjustments applied to the final weighted-average dumping margins as 
follows:

------------------------------------------------------------------------
                                                   Weighted-
                                                    average      Cash
           Producer                 Exporter        dumping     deposit
                                                    margin       rate
                                                   (percent)   (percent)
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Nanjing University of Chemical  Nanjing                63.80       63.80
 Technology Changzhou Wujin      University of
 Water Quality Stabilizer        Chemical
 Factory.                        Technology
                                 Changzhou Wujin
                                 Water Quality
                                 Stabilizer
                                 Factory and
                                 Nantong Uniphos
                                 Chemicals Co.,
                                 Ltd.
Shandong Taihe Water Treatment  Shandong Taihe        167.58      167.28
 Technologies Co., Ltd.          Chemicals Co.,
                                 Ltd.
Henan Qingshuiyuan Technology   Henan                  90.64       90.34
 Co., Ltd.                       Qingshuiyuan
                                 Technology Co.,
                                 Ltd.
Jianghai Environmental          Jianghai               90.64       90.34
 Protection Co., Ltd.            Environmental
                                 Protection Co.,
                                 Ltd.
------------------------------------------------------------------------
                 PRC-Wide Entity                      167.58      167.58
------------------------------------------------------------------------

Antidumping Duty Order

    In accordance with section 735(d) of the Act, the ITC has notified 
the Department of its final determination in this investigation, in 
which it found that an industry in the United States is materially 
injured within the meaning of section 735(b)(1)(A)(i) of the Act. 
Therefore, in accordance with section 735(c)(2) of the Act, we are 
publishing this antidumping duty order. Because the ITC determined that 
imports of HEDP from the PRC are materially injuring a U.S. industry, 
unliquidated entries of such merchandise from the PRC entered or 
withdrawn from warehouse for consumption, are subject to the assessment 
of antidumping duties. In accordance with section 736(a)(1) of the Act, 
the Department will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by the Department, antidumping duties 
equal to the amount by which the normal value of the merchandise 
exceeds the export price (or constructed export price) of the 
merchandise, for all relevant entries of HEDP from the PRC. Antidumping 
duties will be assessed on unliquidated entries of HEDP from the PRC 
entered, or withdrawn from warehouse, for consumption on or after 
November 4, 2016, the date of publication of the Preliminary 
Determination.\8\
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    \8\ See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the 
People's Republic of China: Affirmative Preliminary Determination of 
Sales at Less Than Fair Value, and Postponement of Final 
Determination, 81 FR 76916 (November 4, 2016) (Preliminary 
Determination) and accompanying Preliminary Decision Memorandum.
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Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation on all relevant entries of HEDP from the PRC. These 
instructions suspending liquidation will remain in effect until further 
notice.
    Pursuant to section 735(c)(1)(B)(ii) of the Act, the Department 
will instruct CBP to require a cash deposit \9\ equal to the weighted-
average amount by which normal value (NV) exceeds U.S. price as 
follows: (1) The cash deposit rate for the exporter/producer 
combination listed in the table above will be the rate identified for 
that combination in the table; (2) for all combinations of PRC 
exporters/producers of merchandise under consideration that have not 
received their own separate rate above, the cash deposit rate will be 
the cash deposit rate established for the PRC-wide entity; and (3) for 
all non-PRC exporters of the merchandise under consideration which have 
not received their own separate rate above, the cash deposit rate will 
be the cash deposit rate applicable to the PRC exporter/producer 
combination that supplied that non-PRC exporter.
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    \9\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
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    We normally adjust antidumping duty cash deposit rates by the 
amount of export subsidies, where appropriate. In the companion 
countervailing duty (CVD) investigation, we have found that the WW 
Group did not receive export

[[Page 22809]]

subsidies.\10\ Therefore, no offset to the WW Group's cash deposit rate 
for export subsidies is necessary.\11\ With respect to Taihe, because 
its CVD rate in the companion investigation included an amount for 
export subsidies, an offset of 0.30 percent will be made to its cash 
deposit rate.\12\ With respect to the separate-rate companies, we find 
that an export subsidy adjustment of 0.30 percent to the cash deposit 
rate is warranted because this is the export subsidy rate included in 
the CVD ``all-others'' rate to which the separate-rate companies are 
subject. For the PRC-wide entity, which continues to receive an adverse 
facts available (AFA) rate in this amended final determination, as an 
extension of the adverse inference found necessary pursuant to section 
776(b) of the Act, the Department has not adjusted the PRC-wide 
entity's AD cash deposit rate by the lowest export subsidy rate 
determined for any party in the companion CVD proceeding, because the 
lowest export subsidy rate determined in the companion CVD proceeding 
is 0.00 percent.13 14
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    \10\ See Countervailing Duty Investigation of 1-
Hydroxyethylidene-1, 1-Diphosphonic Acid from the People's Republic 
of China: Final Affirmative Determination, 82 FR 14872 (March 23, 
2017).
    \11\ Id.
    \12\ Id.
    \13\ See, e.g., Certain Passenger Vehicle and Light Truck Tires 
from the People's Republic of China: Preliminary Determination of 
Sales at Less Than Fair Value; Preliminary Affirmative Determination 
of Critical Circumstances; In Part and Postponement of Final 
Determination, 80 FR 4250 (January 27, 2015) and accompanying Issues 
and Decision Memorandum at 35.
    \14\ See Countervailing Duty Investigation of 1-
Hydroxyethylidene-1, 1-Diphosphonic Acid from the People's Republic 
of China: Preliminary Affirmative Determination and Alignment of 
Final Determination with Final Antidumping Duty Determination, 81 FR 
62084 (September 8, 2016).
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    Pursuant to section 777A(f) of the Act, we normally adjust 
preliminary cash deposit rates for estimated domestic subsidy pass-
through, where appropriate. However, in this case there is no basis to 
grant a domestic subsidy pass-through adjustment.\15\
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    \15\ See Preliminary Decision Memorandum at 28-29.
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Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months.
    At the request of the exporters that account for a significant 
portion of HEDP from the PRC, we extended the four-month period to six 
months in this case.\16\ In the underlying investigation, the 
Department published the Preliminary Determination on November 4, 2016. 
Therefore, the extended period beginning on the date of publication of 
the Preliminary Determination, ended May 2, 2017. Furthermore, section 
737(b) of the Act states that definitive duties are to begin on the 
date of publication of the ITC's final injury determination, i.e., May 
11, 2017.\17\
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    \16\ See Preliminary Determination.
    \17\ See ITC Final.
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    Therefore, in accordance with section 733(d) of the Act and our 
practice, we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of HEDP from the PRC entered, or withdrawn from 
warehouse, for consumption on or after May 2, 2017, the date on which 
the provisional measures expired, until and through the day preceding 
the date of publication of the ITC's final injury determinations, i.e., 
May 10, 2017, in the Federal Register. Suspension of liquidation will 
resume on May 11, 2017, the date of publication of the ITC Final.

Notification to Interested Parties

    This notice constitutes the antidumping duty order with respect to 
HEDP from the PRC pursuant to section 736(a) of the Act. Interested 
parties can find a list of antidumping duty orders currently in effect 
at http://enforcement.trade.gov/stats/iastats1.html.
    This order and amended final determination are published in 
accordance with sections 735(e), 736(a) and 777(i) of the Act, and 19 
CFR 351.211 and 351.224(e).

    Dated: May 12, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

    The merchandise covered by this investigation includes all 
grades of aqueous acidic (non-neutralized) concentrations of 1-
hydroxyethylidene-1, 1-diphosphonic acid (HEDP), also referred to as 
hydroxyethylidenendiphosphonic acid, hydroxyethanediphosphonic acid, 
acetodiphosphonic acid, and etidronic acid. The Chemical Abstract 
Service (CAS) registry number for HEDP is 2809-21-4.
    The merchandise subject to this investigation is currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) at subheading 2931.90.9043. It may also enter under HTSUS 
subheadings 2811.19.6090 and 2931.90.9041. While HTSUS subheadings 
and the CAS registry number are provided for convenience and customs 
purposes only, the written description of the scope of this 
investigation is dispositive.

[FR Doc. 2017-10078 Filed 5-17-17; 8:45 am]
 BILLING CODE 3510-DS-P