[Federal Register Volume 84, Number 239 (Thursday, December 12, 2019)]
[Notices]
[Pages 67925-67927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26797]


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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: Final Results of Antidumping Duty Administrative 
Review; 2016-2018

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

SUMMARY: The Department of Commerce (Commerce) finds that exporters of 
1-Hydroxyethylidene-1, 1-Diphosphonic Acid (HEDP) from the People's 
Republic of China (China) sold subject merchandise in the United States 
at prices below normal value during the period of review (POR) November 
4, 2016 through April 30, 2018.

DATES: Applicable December 12, 2019.

FOR FURTHER INFORMATION CONTACT: Jasun Moy, AD/CVD Operations, Office 
V, Enforcement and Compliance, International Trade Administration, 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-8194.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce is conducting an administrative review of the antidumping 
duty order on HEDP from China in accordance with section 751(a) of the 
Tariff Act of 1930, as amended (the Act).\1\ This review covers one 
producer/exporter of subject merchandise, Henan Qingshuiyuan Technology 
Co., Ltd. (Qingshuiyuan). On July 12, 2019, Commerce published

[[Page 67926]]

the Preliminary Results of this review.\2\ On August 19, 2019, Commerce 
received case briefs from Compass Chemical International LLC (the 
petitioner) and Qingshuiyuan.\3\ On August 28, 2019, we received 
rebuttal briefs from the petitioner and Qingshuiyuan.\4\ On September 
25, 2019, Commerce postponed the final results to 151 days after the 
Preliminary Results.\5\ The revised deadline for the final results in 
this review is now December 10, 2019.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 32270 (July 12, 2018); see also 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, 82 FR 22807 (May 18, 2017).
    \2\ See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the 
People's Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review; 2016-2018, 84 FR 33236 (July 12, 2019) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
    \3\ See Petitioner's Case Brief, ``1-Hydroxyethylidene-1, 1-
Diphosphonic Acid from the People's Republic of China,'' dated 
August 19, 2019; see also Qingshuiyuan's Case Brief, ``1-
Hydroxyethylidene-1, 1-Diphosphonic Acid (HEDP) from the People's 
Republic of China, A-570-045; Case Brief,'' dated August 19, 2019.
    \4\ See Petitioner's Rebuttal Brief, ``1-Hydroxyethylidene-1, 1-
Diphosphonic Acid from the People's Republic of China,'' dated 
August 28, 2019; see also Qingshuiyuan's Rebuttal Brief, ``1-
Hydroxyethylidene-1, 1-Diphosphonic Acid (HEDP) from the People's 
Republic of China, A-570-045; Rebuttal Brief,'' dated August 28, 
2019.
    \5\ See Memorandum, ``1-Hydroxyethylidene-1, 1-Diphosphonic Acid 
from the People's Republic of China: Extension of Deadline for Final 
Results of Antidumping Duty Administrative Review,'' dated September 
25, 2019.
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Scope of the Order

    The products covered by this order are HEDP. For a full description 
of the scope, see the Issues and Decision Memorandum.\6\
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    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Antidumping Duty Administrative Review of 1-Hydroxyethylidene-1, 1-
Diphosphonic Acid from the People's Republic of China; 2016-2018,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
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Analysis of Comments Received

    All issues raised in the case briefs filed by parties are listed in 
the appendix to this notice and are addressed in the Issues and 
Decision Memorandum. The Issues and Decision Memorandum is a public 
document and is made available to the public via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov, and it is available to all parties in the 
Central Records Unit, Room B8024 of the main Commerce building. In 
addition, a complete version of the Issues and Decision Memorandum is 
available at http://enforcement.trade.gov/frn/. The signed and 
electronic versions 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 
interested parties, and for the reasons explained in the Issues and 
Decision Memorandum, Commerce made two changes to the Preliminary 
Results. First, instead of converting U.S. price to a metric ton basis, 
we converted normal value to a kilogram basis, to match the U.S. price 
unit of measure, before calculating the weighted-average dumping 
margin. Second, there were multiple variants of the name for the same 
importer. Thus, we adjusted the name of the importers to make the names 
consistent. For a more detailed discussion of these changes, see the 
Final Analysis Memorandum.\7\
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    \7\ See Memorandum, ``Antidumping Duty Administrative Review of 
1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the People's 
Republic of China; 2016-2018: Final Results Analysis Memorandum,'' 
dated concurrently with this notice (Final Analysis Memorandum).
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Separate Rate

    In the Preliminary Results, we found that information placed on the 
record by Qingshuiyuan demonstrated that this entity is entitled to 
separate rate status, which we preliminarily granted.\8\ We received no 
information since the issuance of the Preliminary Results that provides 
a basis for reconsidering the determination with respect to the 
separate rate status of this entity. Therefore, for the final results, 
we continue to find that Qingshuiyuan is eligible for a separate rate.
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    \8\ See Preliminary Results, 84 FR at 32634, and accompanying 
PDM at 3-5.
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Final Results of the Review

    Commerce determines that the following weighted-average dumping 
margin exists for the POR from November 4, 2016 through April 30, 2018:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                          Exporter                             dumping
                                                                margin
                                                              (percent)
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Henan Qingshuiyuan Technology Co., Ltd.....................      397.20
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China-Wide Entity

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\9\ Under this policy, the 
China-wide entity will not be under review unless a party specifically 
requests, or Commerce self-initiates, a review of the entity. Because 
no party requested a review of the China-wide entity in this review, 
the entity is not under review and the entity's rate (i.e., 167.58 
percent) is not subject to change.\10\
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    \9\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \10\ See 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, 82 FR 22807 (May 
18, 2017).
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Assessment Rates

    Commerce shall determine, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries of 
subject merchandise in accordance with section 751(a)(2)(C) of the Act 
and 19 CFR 351.212(b). In accordance with 19 CFR 351.212(b)(1), we have 
calculated importer-specific (or customer-specific) assessment rates 
for merchandise subject to this review. For these final results, we 
divided the total dumping margins (calculated as the difference between 
normal value and export price or constructed export price) for 
Qingshuiyuan's importers or customers by either the total number of 
kilograms the exporter sold to that importer or customer or by the 
total entered value. We intend to direct CBP to assess the resulting 
per-kilogram dollar amount or the ad valorem assessment rate against 
each kilogram of merchandise in each of that importer's/customer's 
entries during the review period.
    For entries that were not reported in the U.S. sales data submitted 
by Qingshuiyuan during this review, Commerce will instruct CBP to 
liquidate such entries at the rate for the China-wide entity.\11\
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    \11\ See 19 CFR 351.212(b)(1).
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    Commerce intends to issue assessment instructions to CBP 15 days 
after the date of publication of the final results of this review in 
the Federal Register.

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 China entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) For Qingshuiyuan, the 
cash deposit rate will be equal to the weighted-average dumping margin 
established in the final results of this review (except, if the ad

[[Page 67927]]

valorem rate is de minimis, then the cash deposit rate will be zero); 
(2) for previously investigated or reviewed Chinese and non-Chinese 
exporters not listed above that have received a separate rate in a 
prior segment of this proceeding, the cash deposit rate will continue 
to be the existing exporter-specific cash deposit rate published for 
the completed segment of the most recent period; (3) for all Chinese 
exporters of subject merchandise that have not been found to be 
entitled to a separate rate, the cash deposit rate will be the rate for 
the China-wide entity (i.e., 167.58 percent); and (4) for all non-
Chinese exporters of subject merchandise which have not received their 
own separate rate, the cash deposit rate will be the rate applicable to 
the Chinese exporter that supplied that non-Chinese exporter. These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.

Notification to Importers

    This notice also serves as a final 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 POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties has occurred and the subsequent assessment of 
double antidumping duties.

Administrative Protective Orders

    This notice also serves as a final 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(a)(3), 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.

Notification to Interested Parties

    We are issuing and publishing these final results of administrative 
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act 
and 19 CFR 351.221(b)(5) and 19 CFR 351.213(h)(1).

    Dated: December 6, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether to Adjust Qingshuiyuan's Reported Factors of 
Production (FOPs)
    Comment 2: Whether to Include Brokerage and Handling (B&H) 
Expenses for Surrogate Values
    Comment 3: Whether the Dumping Margin is Commercially or 
Economically Realistic
    Comment 4: Whether Commerce's Erroneous Calculation Prevents 
Effective Comment
    Comment 5: Whether the Liquidation Instructions are Incorrect
    Comment 6: Whether the Financial Statements from CYDSA, S.A.B. 
de C.V. Are Unusable
    Comment 7: Whether to Use Mexico as the Surrogate Country
    Comment 8: Whether the Surrogate Value (SV) for Yellow 
Phosphorus is Aberrational
    Comment 9: Whether the Deductions from Constructed Export Price 
(CEP) Were Excessive
    Comment 10: Whether Non-Deductible Value-Added Tax Should be 
Deducted From U.S. Price
VI. Recommendation

[FR Doc. 2019-26797 Filed 12-11-19; 8:45 am]
 BILLING CODE 3510-DS-P