[Federal Register Volume 84, Number 248 (Friday, December 27, 2019)]
[Notices]
[Pages 71377-71378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27934]


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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: Notice of Court Decision Not in Harmony With Final 
Determination and Notice of Amended Final Determination of Antidumping 
Duty Investigation

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

SUMMARY: On December 10, 2019, the United States Court of International 
Trade (the Court) sustained the final results of redetermination 
pertaining to the antidumping duty (AD) investigation of 1-
Hydroxyethylidene-1, 1-Diphosphonic Acid (HEDP) from the People's 
Republic of China (China) covering the period July 1, 2015 through 
December 31, 2015. The Department of Commerce (Commerce) is notifying 
the public that the final judgment in this case is not in harmony with 
the results of the final determination and subsequent amended final 
determination, and that Commerce is amending the final determination 
with respect to the margin assigned to Nanjing University of Chemical 
Technology Changzhou Wujin Water Quality Stabilizer Factory and Nantong 
Uniphos Chemicals Co., Ltd. (collectively, WW Group).

DATES: Applicable December 20, 2019.

FOR FURTHER INFORMATION CONTACT: Raymond Lowman, 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) 482-7459.

SUPPLEMENTARY INFORMATION:

Background

    On March 23, 2017, Commerce published its Final Determination in 
the investigation of HEDP from China.\1\ On May 18, 2017, Commerce 
amended the Final Determination to correct ministerial errors.\2\ On 
May 10, 2018, at the request of Commerce, the Court remanded the Final 
Determination to Commerce to reconsider two issues: (1) Commerce's use 
of the financial statement from CYDSA S.A.B. de C.V. (CYDSA) for 
purposes of calculating surrogate financial ratios, and (2) Commerce's 
calculation of the surrogate value for ocean freight.\3\ On remand, 
Commerce found that reliance on CYDSA's financial statement was 
appropriate, and revised its ocean freight calculation to ensure that 
it did not double count certain fees.\4\ On December 10, 2019, the 
Court sustained Commerce's determination, finding that Commerce's 
decision that CYDSA's financial statement was the best available 
information to calculate surrogate financial ratios and Commerce's 
determination of a surrogate value for ocean freight are supported by 
substantial evidence and in accordance with the law.\5\
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    \1\ See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the 
Peoples Republic of China: Final Determination of Sales at Less Than 
Fair Value, 82 FR 14876 (March 23, 2017) (Final Determination), and 
accompanying Issues and Decision Memorandum.
    \2\ See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the 
Peoples Republic of China: Amended Final Determination of Sales at 
Less Than Fair Value, and Antidumping Duty Order, 82 FR 22807 (May 
18, 2017).
    \3\ See Nantong Uniphos Chemicals Co., Ltd., et al. v. United 
States, CIT Court No. 17-00151, Slip Op. 19-156 (December 10, 2019), 
at 2 n.2.
    \4\ See Final Results of Voluntary Redetermination Pursuant to 
Remand Nantong Uniphos Chemicals Co., Ltd., et al. v. United States, 
Consol. Court No. 17-00151 (July 2018) (Final Remand 
Redetermination).
    \5\ See Nantong Uniphos Chemicals Co., Ltd., et al. v. United 
States, CIT Court No. 17-00151, Slip Op. 19-156 (December 10, 2019).
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Timken Notice

    In its decision in Timken,\6\ as clarified by Diamond Sawblades,\7\ 
the Court of Appeals for the Federal Circuit (CAFC) held that, pursuant 
to section 516A of the Tariff Act of 1930, as amended (the Act), 
Commerce must publish a notice of a court decision that is not ``in 
harmony'' with a Commerce determination and must suspend liquidation of 
entries pending a ``conclusive'' court decision. The Court's December 
10, 2019 judgment sustaining the Final Remand Redetermination 
constitutes a final decision of the Court that is not in harmony with 
Commerce's Final Determination. This notice is published in fulfillment 
of the publication requirements of Timken.
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    \6\ See Timken Co., v. United States, 893 F. 2d 337 (Fed. Cir. 
1990) (Timken).
    \7\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F. 3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).

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[[Page 71378]]

Amended Final Determination

    Because there is now a final court decision, Commerce is amending 
its Final Determination with respect to the WW Group. Commerce finds 
that for the period July 1, 2015 through December 31, 2015, the 
following dumping margin exists:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
              Producer                       Exporter           dumping
                                                                margin
                                                               (Percent)
------------------------------------------------------------------------
WW Group............................  WW Group..............       67.66
------------------------------------------------------------------------

Cash Deposit Requirements

    Because the WW Group does not have a superseding cash deposit rate, 
i.e., there have been no final results published in a subsequent 
administrative review for the WW Group, Commerce will issue revised 
cash deposit instructions to U.S. Customs and Border Protection. 
Effective December 20, 2019, the cash deposit rate applicable to 
entries of subject merchandise produced and exported by the WW Group is 
67.66 percent.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e), 751(a)(1), and 777(i)(1) of the Act.

    Dated: December 18, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-27934 Filed 12-26-19; 8:45 am]
 BILLING CODE 3510-DS-P