Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Notices 10543 

audit findings have not been resolved or 

if directed by the United States. The 

Grantor and the Comptroller General of 

the United States, or any of their duly 

authorized representatives, shall have 

access to any books, documents, papers, 

and records of the Grantee which are 

pertinent to the grant for the purpose of 

making audits, examinations, excerpts, 

and transcripts. 

E. Procurement 

Grantee will comply with the 

applicable procurement requirements of 

7 CFR part 3015 regarding standards of 

conduct, open and free competition, 

access to contractor records, and equal 

employment opportunity requirements. 

F. Reporting 

1. Grantee will after grant approval 

through project completion: 

(i) Provide periodic reports as 

required by the Grantor. A financial 

status report and a project performance 

report will be required on a semiannual 

basis (due 30 working days after end of 

the semiannual period). For the 

purposes of this grant, semiannual 

periods end on June 30 and December 

31. The financial status report must 

show how grant funds and leveraged 

funds have been used to date and 

project the funds needed and their 

purposes for the next quarter. Grantees 

shall constantly monitor performance to 

ensure that time schedules are being 

met and projected goals by time periods 

are being accomplished. The project 

performance reports shall include the 

following: 

(A) Semiannual performance reports. 

Project performance reports shall 

include, but not be limited to, the 

following: 

(1) A comparison of actual 

accomplishments to the objectives 

established for that period (e.g., the 

number of audits performed, number of 

recipients of renewable energy 

development assistance); 

(2) Problems, delays, or adverse 

conditions, if any, which have affected 

or will affect attainment of overall 

project objectives, prevent meeting time 

schedules or objectives, or preclude the 

attainment of particular project work 

elements during established time 

periods. This disclosure shall be 

accompanied by a statement of the 

action taken or planned to resolve the 

situation; 

(3) Percent of financial resources 

expended on contractors; and 

(4) Objectives and timetable 

established for the next reporting 

period. 

(B) Final performance report. A final 

performance report will be required 

with the final Financial Status Report. 

(1) For energy audit projects, the final 

performance report must provide the 

information required in a semiannual 

performance report; complete 

information regarding the number of 

audits conducted; a list of recipients 

with their North American Industry 

Classification System code; the location 

of the recipient; the cost of each audit; 

the expected energy saved for each audit 

conducted if the audit is implemented; 

the number of jobs created and saved for 

an agricultural producer and rural small 

business, as applicable, as a result of the 

grant; and the percent of financial 

resources expended on contractors. 

(2) For renewable energy development 

assistance projects, the final 

performance report must provide the 

information required in a semiannual 

performance report; complete 

information regarding a list of recipients 

with their North American Industry 

Classification System code; the location 

of the recipient; the expected renewable 

energy that would be generated if the 

projects were implemented; and the 

percent of financial resources expended 

on contractors. 

(ii) For the year(s) in which grant 

funds are received, the Grantee will 

provide an annual financial statement to 

the Grantor. 

2. Grantee will, after project 

completion: 

(i) Allow Grantor access to the records 

and performance information obtained 

under the scope of the project; and 

(ii) One year after submittal of the 

final semiannual performance report, 

the Grantee will provide the Grantor a 

final status report on the number of 

projects that are proceeding with one or 

all of the Grantee’s recommendations, 

including the amount of energy saved 

and the amount of renewable energy 

generated, as applicable. 

G. Grant Disbursement 

Unless required by funding partners 

to be provided on a pro rata basis with 

other funding sources, grant funds will 

be disbursed after all other funding 

sources have been expended. 

1. Requests for reimbursement may be 

submitted monthly or more frequently if 

authorized to do so by the Grantor. 

Ordinarily, payment will be made 

within 30 days after receipt of a proper 

request for reimbursement. 

2. Grantee shall not request 

reimbursement for the Federal share of 

amounts withheld from contractors to 

ensure satisfactory completion of work 

until after it makes those payments. 

3. Payment shall be made by 

electronic funds transfer. 

4. Standard Form 270, ‘‘Request for 

Advance or Reimbursement,’’ or other 

format prescribed by Grantor shall be 

used to request Grant reimbursements. 

H. Use of Remaining Grant Funds 

Grant funds not expended within 24 

months from date of this agreement will 

be cancelled by the Agency. Prior to the 

actual cancellation, the Agency will 

notify, in writing, the grantee of the 

Agency’s intent to cancel the remaining 

funds. 

In witness whereof, Grantee has this 

day authorized and caused this 

Agreement to be signed in its name and 

its corporate seal to be hereunto affixed 

and attested by its duly authorized 

officer(s) thereunto, and the Grantor has 

caused this Agreement to be duly 

executed in its behalf by: 

GRANTOR: 

[ [SEAL] llllllllllllll

Name: 

lllllllllllllllllll

Date 

Title: 

UNITED STATES OF AMERICA 

DEPARTMENT OF AGRICULTURE 

RURAL DEVELOPMENT 

GRANTEE: 

[ [SEAL] llllllllllllll

Name: 

lllllllllllllllllll

Date 

Title: 

[FR Doc. E9–5154 Filed 3–10–09; 8:45 am] 

BILLING CODE 3410–XY–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

A–533–847 

1–Hydroxyethylidene–1, 1– 

Diphosphonic Acid from India: Notice 

of Final Determination of Sales at Less 

Than Fair Value 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (the Department) has 

determined that 1–hydroxyethylidene– 

1, 1–diphosphonic acid (HEDP) from 

India is being, or is likely to be, sold in 

the United States at less–than-fair–value 

(LTFV), as provided in section 735 of 

the Tariff Act of 1930, as amended (the 

Act). The estimated margins of sales at 

LTFV are listed in the ‘‘Continuation of 

Suspension of Liquidation’’ section of 

this notice. 


rwilkins on PROD1PC63 with NOTICES
10544 Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Notices 

1C2H8O7P2 or C(CH3)(OH)(PO3H2)2

EFFECTIVE DATE: March 11, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Brian Smith and Gemal Brangman, AD/ 

CVD Operations, Office 2, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230; 

telephone (202) 482–1766 and (202) 

482–3773, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 21, 2008, the Department 

published in the Federal Register its 

preliminary determination in the 

antidumping duty investigation of 

HEDP from India. See 1– 

Hydroxyethylidene–1, 1–Diphosphonic 

Acid from the Republic of India and the 

People’s Republic of China: Notice of 

Preliminary Determination of Sales at 

Less Than Fair Value and Postponement 

of Final Determination, 73 FR 62465 

(October 21, 2008) (Preliminary 

Determination). 

We conducted verification of the 

questionnaire responses submitted by 

Aquapharm Chemicals Private Limited 

(Aquapharm) in November 2008. See 

Memorandum to The File from Case 

Analysts entitled ‘‘Verification of the 

Questionnaire Responses of Aquapharm 

Chemicals Pvt. Ltd. (Aquapharm) in the 

Antidumping Duty Investigation of 1– 

Hydroxyethylidene–1, 1–Diphosphonic 

Acid (HEDP) from India,’’ dated January 

13, 2009 (Verification Report). The 

verification report is on file and 

available in the Central Records Unit 

(CRU), Room 1117 of the Department’s 

main building. 

On January 26, 2009, Aquapharm and 

the petitioner submitted case briefs. On 

February 2, 2009, Aquapharm and the 

petitioner submitted rebuttal briefs. As 

neither party requested a hearing, a 

hearing was not held in this case. 

Period of Investigation 

The period of investigation (POI) is 

January 1, 2007, to December 31, 2007. 

This period corresponds to the four 

most recent fiscal quarters prior to the 

month of the filing of the petition. 

Scope of Investigation 

The merchandise covered by this 

investigation includes all grades of 

aqueous, acidic (non–neutralized) 

concentrations of 1–hydroxyethylidene– 

1, 1–diphosphonic acid1, 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 

this investigation 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 this investigation is dispositive. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by parties to this 

antidumping investigation are 

addressed in the ‘‘Issues and Decision 

Memorandum for the Final 

Determination in the Less–Than-Fair– 

Value Investigation of 1– 

Hydroxyethylidene–1, 1–Diphosphonic 

Acid from India’’ from John Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations, to Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration (Decision 

Memorandum), dated March 5, 2009, 

which is hereby adopted by this notice. 

A list of the issues which parties have 

raised and to which we have responded, 

all of which are in the Decision 

Memorandum, is attached to this notice 

as an appendix. Parties can find a 

complete discussion of all issues raised 

in this investigation and the 

corresponding recommendations in the 

Decision Memorandum, which is on file 

in the CRU. In addition, a complete 

version of the Decision Memorandum 

can be accessed directly on the Web at 

http://ia.ita.doc.gov/frn/. The paper 

copy and electronic version of the 

Decision Memorandum are identical in 

content. 

Verification 

As provided in section 782(i) of the 

Act, we verified the information 

submitted by Aquapharm for use in our 

final determination. We used standard 

verification procedures including an 

examination of relevant accounting and 

production records, and original source 

documents provided by Aquapharm. 

See Verification Report. 

Final Determination Margins 

Manufacturer/Exporter Weighted–Average 

Margin (percent) 

Aquapharm Chemicals 

Private Limited .......... 3.10 

All Others ...................... 3.10 

We determine that the following 

weighted–average dumping margins 

exist for the period January 1, 2007, to 

December 31, 2007: 

Disclosure 

We will disclose the calculations 

performed within five days of the date 

of publication of this notice to parties in 

this proceeding in accordance with 19 

CFR 351.224(b). 

Continuation of Suspension of 

Liquidation 

Pursuant to section 735(c)(1)(B) of the 

Act, we will instruct U.S. Customs and 

Border Protection (CBP) to continue to 

suspend liquidation of all entries of 

HEDP from India, entered, or withdrawn 

from warehouse, for consumption on or 

after October 21, 2008, the date of 

publication of the Preliminary 

Determination. We will instruct CBP to 

require a cash deposit or the posting of 

a bond equal to the weighted–average 

dumping margins, as indicated above 

and as follows: (1) the rate for 

Aquapharm will be 3.10 percent; (2) if 

the exporter is not a firm identified in 

this investigation, but the producer is, 

the rate will be the rate established for 

the producer of the subject 

merchandise; (3) the rate for all other 

producers or exporters will be 3.10 

percent. These suspension of 

liquidation instructions will remain in 

effect until further notice. 

International Trade Commission 

Notification 

In accordance with section 735(d) of 

the Act, we have notified the 

International Trade Commission (ITC) of 

our final determination. As our final 

determination is affirmative, in 

accordance with section 735(b)(2) of the 

Act, the ITC will determine, within 45 

days, whether the domestic industry in 

the United States is materially injured, 

or threatened with material injury, by 

reason of imports or sales (or the 

likelihood of sales) for importation of 

the subject merchandise. If the ITC 

determines that material injury or threat 

of material injury does not exist, the 

proceeding will be terminated and all 

securities posted will be refunded or 

canceled. See section 735(c)(2) of the 

Act. If the ITC determines that such 

injury does exist, the Department will 

issue an antidumping duty order 

directing CBP to assess antidumping 

duties on all imports of the subject 

merchandise entered, or withdrawn 

from warehouse, for consumption on or 

after the effective date of the suspension 

of liquidation. 

Notification Regarding APO 

This notice also serves as a reminder 

to parties subject to administrative 

protective order (APO) of their 

responsibility concerning the 

disposition of proprietary information 


rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Notices 10545 

1Wujin Water, Wujin Fine Chemical, and Jiangsu 

Jianghai submitted case briefs and rebuttal briefs 

jointly. 2C2H8O7P2 or C(CH3)(OH)(PO3H2)2. 

disclosed under APO in accordance 

with 19 CFR 351.305. Timely 

notification of return/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. 

This determination is issued and 

published pursuant to sections 735(d) 

and 777(i)(1) of the Act. 

Dated: March 5, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

Appendix Issues in Decision 

Memorandum 

1. U.S. Date of Sale 

2. U.S. Sales Type Designation 

3. Level of Trade 

4. U.S. Credit Expenses and Inventory 

Carrying Costs 

5. Verification Corrections 

[FR Doc. E9–5231 Filed 3–10–09; 8:45 am] 

BILLING CODE: 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–934] 

1–Hydroxyethylidene–1, 1– 

Diphosphonic Acid from the People’s 

Republic of China: Final Determination 

of Sales at Less Than Fair Value 

AGENCY: Import Administration, 

International Trade Administration, 

U.S. Department of Commerce. 

EFFECTIVE DATE: March 11, 2009. 

SUMMARY: The Department of Commerce 

(the ‘‘Department’’) has determined that 

1–hydroxyethylidene–1, 1– 

diphosphonic acid (‘‘HEDP’’) from the 

People’s Republic of China (‘‘PRC’’) is 

being, or is likely to be, sold in the 

United States at less than fair value 

(‘‘LTFV’’), as provided in section 733 of 

the Tariff Act of 1930, as amended (‘‘the 

Act’’). The final dumping margins for 

this investigation are listed in the ‘‘Final 

Determination Margins’’ section of this 

notice. 

FOR FURTHER INFORMATION CONTACT: 

Maisha Cryor or 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) 482–5831 and (202) 

482–0679, respectively. 

SUPPLEMENTARY INFORMATION: 

Case History 

On October 21, 2008, the Department 

published its preliminary determination 

that HEDP from the PRC is being, or is 

likely to be, sold in the United States at 

LTFV, as provided in the Act. See 1– 

Hydroxyethylidene–1, 1–Diphosphonic 

Acid From the People’s Republic of 

China: Preliminary Determination of 

Sales at Less Than Fair Value and 

Postponement of Final Determination, 

73 FR 62470 (October 21, 2008) 

(‘‘Preliminary Determination’’). For the 

Preliminary Determination, the 

Department calculated a 24.30 percent 

dumping margin for Nanjing University 

of Chemical Technology Changzhou 

Wujin Water Quality Stabilizer Factory 

Ltd. (‘‘Wujin Water’’). The Department 

assigned a 72.42 percent dumping 

margin to the PRC–wide entity 

including Changzhou Kewei Fine 

Chemical Factory (‘‘Kewei’’) and a 24.30 

percent dumping margin to separate rate 

applicants Changzhou Wujin Fine 

Chemical Factory Co., Ltd. (‘‘Wujin Fine 

Chemical’’) and Jiangsu Jianghai 

Chemical Group Co., Ltd. (‘‘Jiangsu 

Jianghai’’). On December 3, 2008, Wujin 

Water provided the Department with its 

final submission of surrogate values. In 

December 2008, Compass Chemical 

International LLC (‘‘Petitioner’’), Wujin 

Water, Wujin Fine Chemical, and 

Jiangsu Jianghai submitted case briefs 

and rebuttal briefs.1 On January 14, 

2009, the Department held a public 

hearing. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by the parties to this 

investigation are addressed in the 

‘‘Issues and Decision Memorandum for 

the Final Determination in the Less– 

Than-Fair–Value Investigation of 1– 

Hydroxyethylidene–1, 1–Diphosphonic 

Acid from the People’s Republic of 

China’’ (‘‘Issues and Decision 

Memorandum’’), dated concurrently 

with this notice, which is hereby 

adopted by this notice in its entirety. A 

list of the issues which parties raised 

and to which we respond 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 (‘‘CRU’’), Main 

Commerce Building, Room 1117, and is 

accessible on the internet at http:// 

www.trade.gov/ia. The paper copy and 

electronic version of the memorandum 

are identical in content. 

Verification 

As provided in section 782(i) of the 

Act, we verified the information 

submitted by Wujin Water for use in our 

final determination. We used standard 

verification procedures including 

examination of relevant accounting and 

production records, and original source 

documents provided by the respondent. 

Changes Since the Preliminary 

Determination 

Based on our analysis of comments 

received, we have made certain 

adjustments to the margin calculations 

used in the Preliminary Determination. 

These adjustments are discussed in 

detail in the Issues and Decision 

Memorandum and are listed below: 

1. We recalculated the financial ratios 

using the April 2005 through March 

2006 financial statement of Rencal 

Chemicals (India) Limited (‘‘Rencal 

Chemicals’’). 

2. We recalculated the surrogate value 

for phosphorus trichloride using the 

April 2004 through March 2005 and 

April 2005 through March 2006 

financial statements of Rencal 

Chemicals. 

3. We recalculated the surrogate value 

for steam using the April 2007 through 

March 2008 financial statement of 

Hindalco Industries Ltd. 

4. We revised the transportation 

distance of chemical drums. 

Period of Investigation 

The period of investigation (‘‘POI’’) is 

July 1, 2007, through December 31, 

2007. This period corresponds to the 

two most recent fiscal quarters prior to 

the month of the filing of the petition, 

i.e., March 2008. See 19 CFR 

351.204(b)(1). 

Scope of the Investigation 

The merchandise covered by this 

investigation includes all grades of 

aqueous, acidic (non–neutralized) 

concentrations of 1–hydroxyethylidene– 

1, 1–diphosphonic acid2, 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 

this investigation 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 


rwilkins on PROD1PC63 with NOTICES