[Federal Register Volume 91, Number 35 (Monday, February 23, 2026)]
[Notices]
[Pages 8410-8412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-03538]
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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: Final Affirmative Determination of Circumvention
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
imports of 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, in solid or powder form
(acidic solid HEDP) from the People's Republic of China (China) are
circumventing the antidumping duty (AD) and countervailing duty (CVD)
orders on HEDP from China.
DATES: Applicable February 23, 2026
FOR FURTHER INFORMATION CONTACT: Charles Vannatta, Office of Policy,
[[Page 8411]]
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-4036.
SUPPLEMENTARY INFORMATION:
Background
On May 9, 2025, Commerce published in the Federal Register its
Preliminary Determination \1\ that imports of acidic solid HEDP
produced in China are circumventing the Orders.\2\ Commerce conducted
this circumvention inquiry pursuant to section 781(c) of the Tariff Act
of 1930, as amended (the Act), and 19 CFR 351.226(j). On May 23, 2025,
Jiangshan America, LLC (Jiangshan America) and Uniphos, Inc. (Uniphos)
(collectively, the U.S. Importers) submitted a case brief.\3\ On May
30, 2025, Compass Chemical International LLC (Compass, a domestic
interested party) submitted a rebuttal brief.\4\
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\1\ See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the
People's Republic of China: Preliminary Affirmative Determination of
Circumvention, 90 FR 19668 (May 9, 2025) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
\2\ 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) (AD Order); see also 1-Hydroxyethylidene-1, 1-Diphosphonic
Acid from the People's Republic of China: Countervailing Duty Order,
82 FR 22809 (May 18, 2017) (CVD Order) (collectively, Orders).
\3\ See U.S. Importers' Letter, ``Case Brief,'' dated May 23,
2025 (U.S. Importers' Case Brief).
\4\ See Compass' Letter, ``Rebuttal Comments in Response to
Comments on the Preliminary Determination,'' dated May 30, 2025
(Compass' Rebuttal Comments).
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Due to the lapse in appropriations and Federal Government shutdown,
on November 14, 2025, Commerce tolled all deadlines in administrative
proceedings by 47 days.\5\ Additionally, due to a backlog of documents
that were electronically filed via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS) during the Federal Government shutdown, on November 24,
2025, Commerce tolled all deadlines in administrative proceedings by an
additional 21 days.\6\ On December 18, 2025, Commerce extended the
deadline for issuing the final determination in this circumvention
inquiry by 35 days.\7\ On January 14, 2026, Commerce extended the
deadline for issuing the final determination in this circumvention
inquiry by an additional 23 days.\8\ Accordingly, the deadline for this
final determination is now February 18, 2026.
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\5\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\6\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
\7\ See Memorandum, ``Extension of Deadline for the Final
Determination in the Circumvention Inquiry,'' dated December 18,
2025.
\8\ See Memorandum, ``Second Extension of Deadline for the Final
Determination in the Circumvention Inquiry,'' dated January 14,
2026.
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For a summary of events that occurred since the Preliminary
Determination, as well as a full discussion of the issues raised by
parties for consideration in the final determination, see the Issues
and Decision Memorandum.\9\
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\9\ See Memorandum, ``Issues and Decision Memorandum for the
Circumvention Inquiry of the Antidumping and Countervailing Duty
Orders on 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).
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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 (ACCESS). All
issues raised in this inquiry are addressed in the Issues and Decision
Memorandum. A list of the topics discussed in the Issues and Decision
Memorandum is attached to this notice at Appendix II. ACCESS is
available to registered users at https://access.trade.gov. In addition,
a complete version of the Issues and Decision Memorandum can be
accessed at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Scope of the Orders
The merchandise covered by the Orders includes all grades of
aqueous acidic (non-neutralized) concentrations of HEDP from China. For
a complete description of the scope of the Orders, see Appendix I of
this notice.
Merchandise Subject to the Circumvention Inquiry
The merchandise subject to the circumvention inquiry (inquiry
merchandise) includes all grades of acidic (non-neutralized)
concentrations of 1-hydroxyethylidene-1, 1-disphosphonic acid (HEDP),
also referred to as hydroxyethylidenendiphosphonic acid,
hydroxyethanediphosphonic acid, acetodiphosphonic acid, and etidronic
acid, in solid or powder form (acidic solid HEDP), produced in China
and exported to the United States. The Chemical Abstract Service (CAS)
registry number for acidic solid HEDP is 2809-21-4. The solid or powder
form of acidic HEDP subject to this circumvention inquiry is typically
entered into the United States under Harmonized Tariff Schedule of the
United States (HTSUS) subheadings 2931.49.0080, 2931.90.9052, and
2811.19.6190.
Analysis of Comments Received
Based on our analysis of the comments received, we made no changes
to the Preliminary Determination, as described below, and at the
Comment of the Issues and Decision Memorandum.
Methodology and Final Circumvention Determination
Commerce conducted this circumvention inquiry in accordance with
section 781(c) of the Act and 19 CFR 351.226. For this final
determination, Commerce continues to rely on facts available under
section 776(a) of the Act, including facts available with adverse
inferences (AFA) under section 776(b) of the Act with respect to all
known Chinese producers and exporters of acidic solid HEDP, due to
their failure to respond to Commerce's requests for information. For
further explanation of Commerce's decision to rely on AFA with respect
to all known Chinese producers and exporters of acidic solid HEDP, see
the Issues and Decision Memorandum. As a result, in accordance with
section 781(c) of the Act, Commerce determines that the inquiry
merchandise produced in and exported from China is circumventing the
Orders. Furthermore, Commerce is applying this affirmative
determination of circumvention of the Orders on a country-wide basis.
Suspension of Liquidation and Cash Deposit Requirements
Based on the affirmative country-wide determinations of
circumvention, in accordance with 19 CFR 351.226(l)(3) and (m)(1)(ii),
we will direct CBP to suspend liquidation of all unliquidated entries
of acidic solid HEDP produced in and exported from China that were
entered, or withdrawn from warehouse, for consumption on or after
December 19, 2024, the date of publication of the initiation of this
circumvention inquiry in the Federal Register.\10\
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\10\ See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the
People's Republic of China: Initiation of Circumvention Inquiry of
the Antidumping and Countervailing Duty Orders, 89 FR 103779
(December 19, 2024).
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In addition, we will direct CBP to collect a cash deposit for
estimated antidumping duties. For exporters of acidic solid HEDP that
have a company-specific separate AD cash deposit rate under the AD
Order, the cash deposit rate will be the exporter-specific or producer/
exporter-specific separate AD cash deposit rate established for that
[[Page 8412]]
company in the most recently completed segment of this proceeding. For
exporters of acidic solid HEDP that do not have an exporter-specific or
producer/exporter-specific separate AD cash deposit rate, the AD cash
deposit rate will be equal to the cash deposit rate for the China-wide
entity.\11\
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\11\ See AD Order, 82 FR at 22808.
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Further, we will direct CBP to collect a cash deposit for estimated
countervailing duties. If the acidic solid HEDP was produced and
exported by the same company, the cash deposit rate will be equal to
the company-specific CVD cash deposit rate established for that company
in the most recently completed segment of this proceeding. If both the
producer and the exporter of the subject merchandise have company-
specific CVD cash deposit rates, and their rates differ, the cash
deposit rate will be the higher of these two rates. If either the
producer or the exporter, but not both, have company-specific cash
deposit rates, the cash deposit rate will be that company's CVD cash
deposit rate. For companies that do not have a company-specific CVD
cash deposit rate, the CVD cash deposit rate will be the cash deposit
rate for all other producers and exporters.\12\
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\12\ See CVD Order, 82 FR at 22810.
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These suspension of liquidation and cash deposit requirements will
remain in effect until further notice.
Administrative Protective Order
This notice will serve as the only reminder to all parties subject
to an administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). 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 the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
Commerce is issuing and publishing this determination in accordance
with section 781(c) of the Act and 19 CFR 351.226(g)(2).
Dated: February 18, 2026.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
Scope of the Orders
The merchandise covered by the Orders includes all grades of
aqueous acidic (non-neutralized) concentrations of 1-
hydroxyethylidene-1, 1-disphosphonic 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 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,
2931.39.0018, 2931.49.0050 and 2931.49.0080. 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.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the Circumvention Inquiry
V. Period of Circumvention Inquiry
VI. Use of Facts Available and Adverse Inferences
VII. Discussion of the Issue
Comment: Submission of New Factual Information from U.S.
Importers
VIII. Recommendation
[FR Doc. 2026-03538 Filed 2-20-26; 8:45 am]
BILLING CODE 3510-DS-P