[Federal Register Volume 87, Number 230 (Thursday, December 1, 2022)]
[Notices]
[Pages 73756-73757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26160]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-045, C-570-046]


1-Hydroxyethylidene-1,1-Diphosphonic Acid From the People's 
Republic of China: Continuation of Antidumping Duty Order and 
Countervailing Duty Order

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

SUMMARY: As a result of the determinations by the U.S. Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
that revocation of the antidumping duty (AD) and countervailing duty 
(CVD) orders on 1-Hydroxyethylidene-1,1-Diphosphonic Acid (HEDP) from 
the People's Republic of China (China) would likely lead to 
continuation or recurrence of dumping, countervailable subsidies, and 
material injury to an industry in the United States, Commerce is 
publishing a notice of continuation of the AD and CVD orders.

DATES: Applicable December 1, 2022.

FOR FURTHER INFORMATION CONTACT: Rachel Jennings (AD) or Benito 
Ballesteros (CVD), 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) 482-1110 or (202) 482-7425, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 18, 2017, Commerce published in the Federal Register the AD 
and CVD orders on HEDP from China.\1\ On April 1, 2022, the ITC 
instituted, and Commerce initiated, the first sunset review of the 
Orders, pursuant to section 751(c) of the Tariff

[[Page 73757]]

Act of 1930, as amended (the Act).\2\ As a result of its review, 
Commerce determined that revocation of the Orders would likely lead to 
continuation or recurrence of dumping and countervailable subsidies 
and, therefore, notified the ITC of the magnitude of the margins and 
net countervailable subsidy rates likely to prevail should the Orders 
be revoked.\3\
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    \1\ 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); and 1-Hydroxyethylidene-1,1-Diphosphonic Acid from the 
People's Republic of China: Countervailing Duty Order, 82 FR 22809 
(May 18, 2017) (collectively, Orders).
    \2\ See 1-Hydroxyethylidene-1,1-Diphosphonic Acid (HEDP) from 
China; Institution of Five-Year Reviews, 87 FR 19125 (April 1, 
2022); and Initiation of Five-Year (Sunset) Reviews, 87 FR 19069 
(April 1, 2022).
    \3\ See 1-Hydroxyethylidene-1,1-Diphosphonic Acid from the 
People's Republic of China: Final Results of the Expedited First 
Sunset Review of the Antidumping Duty Order, 87 FR 42705 (July 18, 
2022) (AD Sunset Final); and 1-Hydroxyethylidene-1,1-Diphosphonic 
Acid from the People's Republic of China: Final Results of the 
Expedited First Sunset Review of the Countervailing Duty Order, 87 
FR 42707 (July 18, 2022) (CVD Sunset Final).
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    On November 25, 2022, the ITC published its determination, pursuant 
to sections 751(c) and 752(a) of the Act, that revocation of the Orders 
would likely lead to continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable 
time.\4\
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    \4\ See 1-Hydroxyethylidene-1,1-Diphosphonic Acid (HEDP) from 
China, 87 FR 72510 (November 25, 2022); see also 1-
Hydroxyethylidene-1,1-Diphosphonic Acid (HEDP) from China, Inv. Nos. 
701-TA-558 and 731-TA-1316 (Review), USITC Pub. 5386 (November 
2022).
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Scope of the Orders

    The merchandise covered by the Orders includes all grades of 
aqueous acidic (non-neutralized) concentrations of 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 the Orders 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, 2931.90.9041, 2931.90.9051, 2811.19.6190, and 
2931.39.0018.\5\ While HTSUS subheadings and the CAS registry number 
are provided for convenience and customs purposes only, the written 
description of the scope of the Orders is dispositive.
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    \5\ On September 24, 2020, U.S. Customs and Border Protection 
(CBP) notified Commerce of additional HTSUS subheadings under which 
subject merchandise can be entered. Accordingly, the scope of the 
Orders now reflects those additional HTSUS subheadings. See AD 
Sunset Final, 87 FR at 42706; and CVD Sunset Final, 87 FR at 42707.
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Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to a continuation or a 
recurrence of dumping and countervailable subsidies, as well as 
material injury to an industry in the United States, pursuant to 
section 751(d)(2) of the Act, Commerce hereby orders the continuation 
of the Orders. CBP will continue to collect AD and CVD cash deposits at 
the rates in effect at the time of entry for all imports of subject 
merchandise.
    The effective date of the continuation of the Orders will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act, Commerce 
intends to initiate the next five-year reviews of the Orders not later 
than 30 days prior to the fifth anniversary of the effective date of 
continuation.

Administrative Protective Order

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition 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 notification of return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of the APO is a sanctionable 
violation.

Notification to Interested Parties

    These five-year sunset reviews and this notice are in accordance 
with section 751(c) of the Act and published in accordance with section 
777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: November 25, 2022.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-26160 Filed 11-30-22; 8:45 am]
BILLING CODE 3510-DS-P