[Federal Register Volume 76, Number 152 (Monday, August 8, 2011)]
[Notices]
[Pages 48142-48143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20040]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-934]


1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review and Final Rescission in Part

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On April 7, 2011, the Department of Commerce (the 
``Department'') published in the Federal Register its preliminary 
results of the administrative review of the antidumping duty order on 
1-hydroxyethylidene-1, 1-diphosphonic acid (``HEDP'') from the People's 
Republic of China (``PRC''), covering the period April 23, 2009 through 
March 31, 2010.\1\ The Department gave interested parties an 
opportunity to comment on the Preliminary Results. After reviewing the 
interested parties' comments, the Department has not made changes to 
the margin for the final results. The final dumping margin for this 
review is listed in the ``Final Results of Review'' section below.
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    \1\ See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the 
People's Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review and Intent To Rescind Review in Part, 76 FR 
19325 (April 7, 2011) (``Preliminary Results'').

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DATES: Effective Date: August 8, 2011.

FOR FURTHER INFORMATION CONTACT: Shawn Higgins, AD/CVD Operations, 
Office 4, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-0679.

SUPPLEMENTARY INFORMATION: 

Background

    Compass Chemical LLC (``Petitioner'') and Jiangsu Jianghai Chemical 
Group Co., Ltd. (``Jiangsu Jianghai'') submitted case briefs on May 9, 
2011 \2\ and rebuttal briefs on May 16, 2011.\3\ On July 1, 2011, the 
Department placed additional information on the record.\4\ Jiangsu 
Jianghai submitted comments on this information on July 15, 2011.
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    \2\ See Letter from Petitioner to the Secretary of Commerce, 
``1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the People's 
Republic of China'' (May 9, 2011); Letter from Jiangsu Jianghai to 
the Secretary of Commerce, ``1-Hydroxyethylidene-1, 1-Diphosphonic 
Acid from the People's Republic of China; A-570-934'' (May 9, 2011).
    \3\ See Letter from Petitioner to the Secretary of Commerce, 
``1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the People's 
Republic of China'' (May 16, 2011); Letter from Jiangsu Jianghai to 
the Secretary of Commerce, ``1-Hydroxyethylidene-1, 1-Diphosphonic 
Acid from the People's Republic of China; A-570-934'' (May 16, 
2011).
    \4\ See Memorandum from Shawn Higgins, International Trade 
Compliance Analyst, AD/CVD Operations, Office 4, to Interested 
Parties, ``Administrative Review of the Antidumping Duty Order on 1-
Hydroxyethylidene-1, 1-Diphosphonic Acid from the People's Republic 
of China: Placing Additional Information on Record'' (July 1, 2011).
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Analysis of Comments Received

    All issues raised by parties in their case and rebuttal briefs are 
addressed in the Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to Ronald 
K. Lorentzen, Deputy Assistant Secretary for Import Administration, 
``Issues and Decision Memorandum for the Final Results of the 
Antidumping Duty Administrative Review of 1-Hydroxyethylidene-1, 1-
Diphosphonic Acid from the People's Republic of China'' (August 2, 
2011) (``Issues and Decision Memorandum''), which is hereby adopted by 
this notice. A list of the issues addressed in the Issues and Decision 
Memorandum is attached to this notice as an appendix. The Issues and 
Decision Memorandum is a public document and is on file in the Central 
Records Unit, Main Commerce Building, Room 7046, and is accessible on 
the Web at  http://ia.ita.doc.gov/frn. The paper copy and electronic 
version of the memorandum are identical in content.

Changes Since the Preliminary Results

    Based on an analysis of the comments received and other information 
on record of this review, the Department has modified its corroboration 
analysis since the Preliminary Results. Specifically, the Department 
has supplemented its corroboration analysis from the Preliminary 
Results by using a surrogate value for phosphorus trichloride on the 
record of this review to corroborate both the surrogate value for 
phosphorus trichloride used in the petition and the petition's normal 
value.\5\
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    \5\ See infra Corroboration section; Issues and Decision 
Memorandum at Issue 4.
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Scope of the Order

    The merchandise subject to the order includes all grades of 
aqueous, acidic (non-neutralized) concentrations of 1-
hydroxyethylidene-1, 1-diphosphonic acid,\6\ also referred to as 
hydroxethlylidenediphosphonic acid, hydroxyethanediphosphonic acid, 
acetodiphosphonic acid, and etidronic acid. The CAS (Chemical Abstract 
Service) registry number for HEDP is 2809-21-4. The merchandise subject 
to the order is currently classified in the Harmonized Tariff Schedule 
of the United States (``HTSUS'') at subheading 2931.00.9043. It may 
also enter under HTSUS subheading 2811.19.6090. While HTSUS subheadings 
are provided for convenience and customs purposes only, the written 
description of the scope of the order is dispositive.
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    \6\ C<INF>2</INF>H<INF>8</INF>O<INF>7</INF>P<INF>2</INF> or 
C(CH<INF>3</INF>)(OH)(PO<INF>3</INF>H<INF>2</INF>)<INF>2</INF>.
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Final Partial Rescission of the Administrative Review

    In the Preliminary Results, the Department stated that it intended 
to rescind this administrative review with respect to Changzhou Wujin 
Fine Chemical Factory Co., Ltd. (``Wujin Fine'') in accordance with 19 
CFR 351.213(d)(3). No parties commented on the Department's intent to 
rescind. Because there is no information or argument on the record of 
this review that warrants reconsideration of the Department's intent to 
rescind, the Department is rescinding this administrative review with 
respect to Wujin Fine.

Separate Rates

    In the Preliminary Results, the Department determined that Jiangsu 
Jianghai does not qualify for a separate rate in this review and should 
be treated as part of the PRC-wide entity because it has failed to 
demonstrate an absence of de jure and de facto government control and 
did not fully participate in

[[Page 48143]]

this administrative review. Parties commented on the Department's 
decision to deny Jiangsu Jianghai a separate rate. For the final 
results, the Department has analyzed these comments and continues to 
find that Jiangsu Jianghai has not qualified for a separate rate in 
this review and, therefore, will be treated as part of the PRC-wide 
entity.\7\
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    \7\ See Issues and Decision Memorandum at Issue 2.
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Use of Facts Available and Adverse Facts Available (``AFA'')

    In the Preliminary Results, the Department preliminarily determined 
to use an inference that is adverse to the interests of the PRC-wide 
entity in selecting from among the facts otherwise available and 
assigned the PRC-wide entity an AFA rate of 72.42 percent, which was 
the margin calculated in the petition, as adjusted by the Department 
for initiation. Parties commented both on the Department's decision to 
apply AFA and the Department's choice of the AFA rate assigned to the 
PRC-wide entity. For the final results, the Department has analyzed 
these comments and continues to find that it is appropriate to assign 
an AFA rate of 72.42 percent to the PRC-wide entity.\8\
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    \8\ See Issues and Decision Memorandum at Issues 3-4.
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Corroboration of Secondary Information

    In the Preliminary Results, the Department preliminarily determined 
that the 72.42 percent petition rate has probative value and, 
therefore, is corroborated to the extent practicable, in accordance 
with section 776(c) of the Act. Parties commented on the Department's 
corroboration of the 72.42 percent petition rate. For the final 
results, the Department has analyzed these comments and continues to 
find that the 72.42 percent petition rate is corroborated to the extent 
practicable.\9\
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    \9\ See Issues and Decision Memorandum at Issue 4.
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Final Results of Review

    The Department has determined that the following weighted-average 
dumping margins exist for the period April 23, 2009, through March 31, 
2010:

------------------------------------------------------------------------
                                                            Antidumping
                        Exporter                           duty percent
                                                              margin
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PRC-Wide Entity \10\....................................           72.42
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Assessment Rates
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    \10\ Jiangsu Jianghai is part of the PRC-wide entity.
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    Pursuant to 19 CFR 351.212, the Department will determine, and 
Customs and Border Protection (``CBP'') shall assess, antidumping 
duties on all appropriate entries of subject merchandise in accordance 
with the final results of this review. The Department intends to 
instruct CBP to liquidate entries containing subject merchandise 
exported by the PRC-wide entity at the PRC-wide rate the Department 
determines in the final results of this review. The Department intends 
to issue appropriate assessment instructions directly to CBP 15 days 
after publication of the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For previously 
investigated or reviewed PRC and non-PRC exporters not listed above 
that have separate rates, the cash deposit rate will continue to be the 
exporter-specific rate published for the most recent period; (2) for 
all PRC exporters of subject merchandise which have not been found to 
be entitled to a separate rate, the cash deposit rate will be the PRC-
wide rate established in the final results of this review (i.e., 72.42 
percent); and (3) for all non-PRC exporters of subject merchandise 
which have not received their own rate, the cash deposit rate will be 
the rate applicable to the PRC exporters that supplied that non-PRC 
exporter. These deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary presuming that 
reimbursement of antidumping duties occurred and, subsequently, the 
assessment of double antidumping duties.
    The Department is 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).

    Dated: August 2, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix

Issue 1: Whether the Department erred in initiating this 
administrative review of Jiangsu Jianghai
Issue 2: Whether Jiangsu Jianghai should be considered part of the 
PRC-wide entity
Issue 3: Whether Jiangsu Jianghai should receive a rate based on AFA
Issue 4: Whether the Department should continue to assign the 72.42 
percent petition rate to the PRC-wide entity as the AFA rate

[FR Doc. 2011-20040 Filed 8-5-11; 8:45 am]
BILLING CODE 3510-DS-P