[Federal Register Volume 75, Number 202 (Wednesday, October 20, 2010)]
[Notices]
[Pages 64695-64696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26458]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-908]


First Administrative Review of Sodium Hexametaphosphate From the 
People's Republic of China: Final Results of the Antidumping Duty 
Administrative Review

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

SUMMARY: On April 15, 2010, the Department of Commerce (``Department'') 
published the Preliminary Results of the first administrative review of 
the antidumping duty order on sodium hexametaphosphate (``sodium hex'') 
from the People's Republic of China (``PRC'').\1\ We gave interested 
parties an opportunity to comment on the Preliminary Results. Based 
upon our analysis of the comments and information received, we made 
changes to the margin calculation for the final results. We find that 
the sole participating respondent in this review, Hubei Xingfa Chemical 
Group Co., Ltd. (``Xingfa''), sold subject merchandise at less than 
normal value (``NV'') during the period of review (``POR''), September 
14, 2007-February 28, 2009.
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    \1\ See First Administrative Review of Sodium Hexametaphosphate 
from the People's Republic of China: Notice of Preliminary Results 
of the Antidumping Duty Administrative Review, 75 FR 19613 (April 
15, 2010) (``Preliminary Results'').

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DATES: Effective Date: October 20, 2010.

FOR FURTHER INFORMATION CONTACT: Paul Walker, AD/CVD Operations, Office 
9, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-0413.

SUPPLEMENTARY INFORMATION:

Background

    As noted above, on April 15, 2010, the Department published the 
Preliminary Results of this administrative review. On August 10, 2010, 
the Department published a notice extending the time period for issuing 
the final results by 53 days to October 5, 2010.\2\ On October 5, 2010, 
the Department extended the time period for issuing the final results 
by an additional 7 days to October 12, 2010.\3\ On July 26, 2010, the 
Department placed wage rate data on the record for comment following 
the recent decision in Dorbest Limited et al. v. United States, 2009-
1257, -1266, issued by the United States Court of Appeals for the 
Federal Circuit (``CAFC'') on May 14, 2010.\4\ Between May 21, 2010 and 
August 13, 2010, we received case and rebuttal briefs from the 
Petitioners \5\ and Xingfa.
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    \2\ See First Antidumping Duty Administrative Review of Sodium 
Hexametaphosphate from the People's Republic of China: Extension of 
Time Limit for the Final Results, 75 FR 48309 (August 10, 2010).
    \3\ See First Antidumping Duty Administrative Review of Sodium 
Hexametaphosphate from the People's Republic of China: Extension of 
Time Limit for the Final Results, dated October 5, 2010.
    \4\ See the ``Changes Since the Preliminary Results'' section 
below for a detailed explanation of the Department's revised wage 
rate for these final results.
    \5\ ICL Performance Products and Innophos, Inc. (collectively, 
the ``Petitioners'').
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties are 
addressed in the ``First Administrative Review of Sodium 
Hexametaphosphate from the People's Republic of China: Issues and 
Decision Memorandum for the Final Results,'' which is dated 
concurrently with this notice (``I&D Memo''). A list of the issues 
which parties raised, and to which we respond in the I&D Memo, is 
attached to this notice as an Appendix. The I&D Memo is a public 
document and is on file in the Central Records Unit (``CRU''), Main 
Commerce Building, Room 7046, and is accessible on the Department's Web 
site at http://www.trade.gov/ia. The paper copy and electronic version 
of the memorandum are identical in content.

Changes Since the Preliminary Results

    Based on a review of the record, as well as comments received from 
parties regarding our Preliminary Results, we have made revisions to 
Xingfa's margin calculation for the final results. We have revised 
classifications for certain expenses in the surrogate financial ratios 
used in the Preliminary Results. Specifically, we have excluded packing 
costs and freight and forwarding costs because it is the Department's 
practice to exclude certain expenses in order to avoid double-counting 
costs where the requisite data are available to do so.\6\ Moreover, 
consistent with the Department's practice, we have included purchased 
goods in the denominator of the SG&A and profit ratio calculations.\7\
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    \6\ See, e.g., Helical Spring Lock Washers From the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review, 73 FR 4175 (January 24, 2008) (where the Department clearly 
articulated its practice to avoid double-counting costs in 
calculating dumping margins); see also I&D Memo at Comment 4.
    \7\ See Amended Final Results of the First Antidumping Duty 
Administrative Review: Folding Metal Tables and Chairs From the 
People's Republic of China, 70 FR 3187 (January 21, 2005); see also 
I&D Memo at Comment 4.
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    Pursuant to a recent decision by the CAFC,\8\ we have calculated a 
revised hourly wage rate to use in valuing Xingfa's reported labor. The 
revised wage rate is calculated by averaging earnings and/or wages in 
countries that are economically comparable to the PRC and that are 
significant producers of comparable merchandise.\9\ Additionally, we 
have revised the surrogate value for sodium pyrophosphate.\10\
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    \8\ Dorbest v. United States, 604 F. 3d 1363 (Fed. Cir. 2010).
    \9\ See I&D Memo at Comment 3E; see also Final SV Memo for the 
details of the calculation and supporting data.
    \10\ See I&D Memo at Comment 3A; see also Memorandum to the 
File, through Scot T. Fullerton, Program Manager, Office IX, from 
Paul Walker, Case Analyst, Office IX, ``First Administrative Review 
of Sodium Hexametaphosphate from the People's Republic of China: 
Surrogate Factor Valuations for the Final Results'' (``Final SV 
Memo''), dated concurrently with this notice.
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Scope of the Order

    The merchandise subject to this review is sodium hexametaphosphate. 
Sodium hexametaphosphate is a water-soluble polyphosphate glass that

[[Page 64696]]

consists of a distribution of polyphosphate chain lengths. It is a 
collection of sodium polyphosphate polymers built on repeating 
NaPO<INF>3</INF> units. Sodium hexametaphosphate has a 
P<INF>2</INF>O<INF>5</INF> content from 60 to 71 percent. Alternate 
names for sodium hexametaphosphate include the following: Calgon; 
Calgon S; Glassy Sodium Phosphate; Sodium Polyphosphate, Glassy; 
Metaphosphoric Acid; Sodium Salt; Sodium Acid Metaphosphate; Graham's 
Salt; Sodium Hex; Polyphosphoric Acid, Sodium Salt; Glass H; Hexaphos; 
Sodaphos; Vitrafos; and BAC-N-FOS. Sodium hexametaphosphate is 
typically sold as a white powder or granule (crushed) and may also be 
sold in the form of sheets (glass) or as a liquid solution. It is 
imported under heading 2835.39.5000, HTSUS. It may also be imported as 
a blend or mixture under heading 3824.90.3900, HTSUS. The American 
Chemical Society, Chemical Abstract Service (``CAS'') has assigned the 
name ``Polyphosphoric Acid, Sodium Salt'' to sodium hexametaphosphate. 
The CAS registry number is 68915-31-1. However, sodium 
hexametaphosphate is commonly identified by CAS No. 10124-56-8 in the 
market. For purposes of the review, the narrative description is 
dispositive, not the tariff heading, CAS registry number or CAS name.
    The product covered by this review includes sodium 
hexametaphosphate in all grades, whether food grade or technical grade. 
The product covered by this review includes sodium hexametaphosphate 
without regard to chain length i.e., whether regular or long chain. The 
product covered by this review includes sodium hexametaphosphate 
without regard to physical form, whether glass, sheet, crushed, 
granule, powder, fines, or other form, and whether or not in solution.
    However, the product covered by this review does not include sodium 
hexametaphosphate when imported in a blend with other materials in 
which the sodium hexametaphosphate accounts for less than 50 percent by 
volume of the finished product.

Final Results of Review

    The weighted-average dumping margin for the POR is as follows:

------------------------------------------------------------------------
                                                               Weighted
                                                               average
                   Manufacturer/exporter                        margin
                                                              (percent)
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Hubei Xingfa...............................................        82.62
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Assessment

    Upon issuance of the final results, the Department will determine, 
and U.S. Customs and Border Protection (``CBP'') shall assess, 
antidumping duties on all appropriate entries. The Department intends 
to issue assessment instructions to CBP 15 days after the date of 
publication of the final results of review. Pursuant to 19 CFR 
351.212(b)(1), we will calculate importer-specific (or customer) ad 
valorem duty assessment rates based on the ratio of the total amount of 
the dumping margins calculated for the examined sales to the total 
entered value of those same sales. In accordance with 19 CFR 
351.106(c)(2), we will instruct CBP to liquidate, without regard to 
antidumping duties, all entries of subject merchandise during the POR 
for which the importer-specific assessment rate is zero or de minimis.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these final results of this administrative review for 
all shipments of the subject merchandise 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 the exporters 
listed above, the cash deposit rate will be the rate established in 
these final results of review (except, if the rate is zero or de 
minimis, i.e., less than 0.5 percent, a zero cash deposit rate will be 
required for that company); (2) 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; (3) 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 of 
188.05 percent; and (4) 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 publication of the final results of the next 
administrative review.

Reimbursement of Duties

    This notice also serves as a final 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 POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties has occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    We are issuing and publishing this administrative review and notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: October 12, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix I--Issues & Decision Memorandum

Comment 1: Inputs to Inputs--Electricity
Comment 2: Date of Sale
Comment 3: Surrogate Values
    A. Sodium Pyrophosphate
    B. Coal
    C. Coke
    D. Phosphate Slag
    E. Labor
Comment 4: Surrogate Financial Ratios
Comment 5: Placement of By-products in the Normal Value Calculation

[FR Doc. 2010-26458 Filed 10-19-10; 8:45 am]
BILLING CODE 3510-DS-P