[Federal Register Volume 74, Number 80 (Tuesday, April 28, 2009)]
[Notices]
[Pages 19197-19199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9679]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-847, A-570-934]


1-Hydroxyethylidene-1, 1-Diphosphonic Acid from India and the 
People's Republic of China: Antidumping Duty Orders

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the International Trade Commission (the 
Commission), the Department is issuing antidumping duty orders on 1-
Hydroxyethylidene-1, 1-Diphosphonic Acid (HEDP) from India and the 
People's Republic of China (PRC). On April 17, 2009, the Commission 
notified the Department of its affirmative determination of threat of 
material injury to a U.S. industry. See 1-Hydroxyethylidene-1, 1-
Diphosphonic Acid from China and India (Investigation Nos. 731-TA-1146 
and 731-TA-1147 (Final), USITC Publication 4072, April 2009).

EFFECTIVE DATE: April 28, 2009.

FOR FURTHER INFORMATION CONTACT: Brian C. Smith (India) or Shawn 
Higgins (PRC), AD/CVD Operations, Offices 2 and 4, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230; telephone: (202)

[[Page 19198]]

482-1766 or (202) 482-0679, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 11, 2009, the Department published its affirmative final 
determinations of sales at less-than-fair-value in the antidumping duty 
investigations of HEDP from India and the PRC. See 1-Hydroxyethylidene-
1, 1-Diphosphonic Acid from India: Notice of Final Determination of 
Sales at Less Than Fair Value, 74 FR 10543 (March 11, 2009); and 1-
Hydroxyethylidene-1, 1-Diphosphonic Acid from the People's Republic of 
China: Notice of Final Determination of Sales at Less Than Fair Value, 
74 FR 10545 (March 11, 2009).
    On April 17, 2009, the Commission notified the Department of its 
final determination pursuant to section 735(d) of the Tariff Act of 
1930, as amended (the Act), that an industry in the United States is 
threatened with material injury by reason of less-than-fair-value 
imports of HEDP from India and the PRC. See section 735(b)(1)(A)(ii) of 
the Act.

Scope of the Orders

    The merchandise subject to these orders includes all grades of 
aqueous, acidic (non-neutralized) concentrations of 1-
hydroxyethylidene-1, 1-diphosphonic acid,\1\ 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 these orders 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 these orders is dispositive.
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    \1\ C[bdi2]H[bdi8]O[bdi7]P[bdi2] or 
C(CH[bdi3])(OH)(PO[bdi3]H[bdi2])[bdi2]
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Antidumping Duty Orders

    On April 17, 2009, in accordance with section 735(d) of the Act, 
the Commission notified the Department of its final determination that 
an industry in the United States is threatened with material injury 
within the meaning of section 735(b)(1)(A)(ii) of the Act by reason of 
less-than-fair-value imports of HEDP from India and the PRC.
    In accordance with section 736(a)(1) of the Act, the Department 
will direct U.S. Customs and Border Protection (CBP) to assess, upon 
further advice by the Department, antidumping duties equal to the 
amount by which the normal value of the merchandise exceeds the export 
price (or constructed export price) of the merchandise for all relevant 
entries of HEDP from India and the PRC.
    Pursuant to section 736(b)(2) of the Act, duties shall be assessed 
on subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the Commission's 
notice of final determination if that determination is based on the 
threat of material injury, other than threat of material injury 
described in section 736(b)(1) of the Act. Section 736(b)(1) states 
that ``{i{time} f the Commission, in its final determination under 
section 735(b), finds material injury or threat of material injury 
which, but for the suspension of liquidation under section 733(d)(2) 
would have led to a finding of material injury, then entries of the 
subject merchandise, the liquidation of which has been suspended under 
section 733(d)(2), shall be subject to the imposition of antidumping 
duties under section 731.'' In addition, section 736(b)(2) of the Act 
requires CBP to release any bond or other security, and refund any cash 
deposit made of estimated antidumping duties posted since the 
Department's preliminary antidumping duty determinations.
    Because the Commission's final determination is based on the threat 
of material injury and is not accompanied by a finding that injury 
would have resulted but for the imposition of suspension of liquidation 
of entries since the Department's preliminary determinations, section 
736(b)(c) of the Act is applicable. According to section 736(b)(2) of 
the Act, duties shall only be assessed on subject merchandise entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of the Commission's notice of final determination. In 
addition, section 736(b)(2) of the Act requires CBP to refund any cash 
deposits or bonds of estimated antidumping duties posted since the 
preliminary antidumping determinations and prior to the Commission's 
notice of final determination.
    Therefore, with the exception of HEDP manufactured and exported by 
Nanjing University of Chemical Technology Changzhou Wujin Water Quality 
Stabilizer Factory Ltd. (a company excluded from the PRC order), these 
antidumping duties will be assessed on all unliquidated entries of HEDP 
from India and the PRC entered, or withdrawn from warehouse, for 
consumption on or after April 23, 2009, the date of publication of the 
Commission's notice of final determination of threat of material injury 
in the Federal Register, in accordance with the following dumping 
margins.

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                         Country                                           Manufacturer/Exporter                    Weighted-Average Margin (percent)
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India....................................................                   Aquapharm Chemicals Private Limited                                     3.10
                                                                                                     All-Others                                     3.10
PRC......................................................    Changzhou Wujin Fine Chemical Factory Co., Ltd.\2\                                    36.21
                                                                   Jiangsu Jianghai Chemical Group Co., Ltd.\3\                                    36.21
                                                                                               PRC-Wide Rate\4\                                    72.42
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\2\ Changzhou Wujin Fine Chemical Factory Co., Ltd. manufactures and exports subject merchandise.
\3\ Jiangsu Jianghai Chemical Group Co., Ltd. manufactures and exports subject merchandise.
\4\ The PRC-wide entity includes Changzhou Kewei Fine Chemical Factory.

    On or after the date of publication of the Commission's notice of 
final determination in the Federal Register, CBP must require, pursuant 
to section 736(a)(3) of the Act, at the same time as importers would 
normally deposit estimated duties on this merchandise, a cash deposit 
equal to the estimated dumping margins listed above. The PRC-wide rate 
applies to all PRC exporters of subject merchandise not specifically 
listed.
    The Department will also instruct CBP to terminate the suspension 
of liquidation for entries of HEDP from India and the PRC entered, or 
withdrawn from warehouse, for consumption prior to April 23, 2009,

[[Page 19199]]

and refund any cash deposits made and release any bonds posted between 
the publication of the Department's preliminary determinations\5\ on 
October 18, 2008, and the publication of the Commission's final 
determination on April 23, 2009.
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    \5\ See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from India: 
Notice of Preliminary Determination of Sales at Less Than Fair Value 
and Postponement of Final Determination,73 FR 62465 (October 21, 
2008); and 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).
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    This notice constitutes the antidumping duty orders with respect to 
HEDP from India and the PRC, pursuant to section 736(a) of the Act. 
Interested parties may contact the Department's Central Records Unit, 
Room 1117 of the Main Commerce Building, for copies of an updated list 
of antidumping duty orders currently in effect.
    These orders are issued and published in accordance with section 
736(a) of the Act and 19 CFR 351.211(b).

    Dated: April 22, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-9679 Filed 4-27-09; 8:45 am]
BILLING CODE 3510-DS-S