Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Notices 64695 

1See 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’’). 

2See 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). 

3See 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. 

4See 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’’). 

6See, 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 doublecounting costs in calculating dumping margins); see 

also I&D Memo at Comment 4. 

7See 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. 

8 Dorbest v. United States, 604 F. 3d 1363 (Fed. 

Cir. 2010). 

9See I&D Memo at Comment 3E; see also Final 

SV Memo for the details of the calculation and 

supporting data. 

10See 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. 

final results of an administrative review 

within 120 days after the date on which 

the Preliminary Results have been 

published. If it is not practicable to 

complete the review within the time 

period, section 751(a)(3)(A) of the Act 

allows the Department to extend this 

deadline to a maximum of 180 days. 

The current deadline for the completion 

of the final results of this review is 

November 11, 2010. 

The Department has determined that 

completion of the final results of this 

review by the current deadline is not 

practicable. The Department requires 

more time to analyze a significant 

amount of information pertaining to the 

respondents’ corporate structure and 

ownership, sales practices and 

manufacturing methods, as well as the 

labor wage rate surrogate value. 

Therefore, given the number and 

complexity of issues in this case, and in 

accordance with section 751(a)(3)(A) of 

the Act, we are extending the time 

period for issuing the final results of 

review until December 20, 2010. 

This notice is published pursuant to 

sections 751(1)(3)(A) and 777(i)(1) of the 

Act and 19 CFR 351.213(h)(2). 

Dated: October 13, 2010. 

Susan H. Kuhbach, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. 2010–26457 Filed 10–19–10; 8:45 am] 

BILLING CODE 3510–DS–P 

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. 

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. 

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

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

Scope of the Order 

The merchandise subject to this 

review is sodium hexametaphosphate. 

Sodium hexametaphosphate is a watersoluble polyphosphate glass that 


emcdonald on DSK2BSOYB1PROD with NOTICES
64696 Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Notices 

consists of a distribution of 

polyphosphate chain lengths. It is a 

collection of sodium polyphosphate 

polymers built on repeating NaPO3

units. Sodium hexametaphosphate has a 

P2O5 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: 

Manufacturer/exporter 

Weighted 

average 

margin 

(percent) 

Hubei Xingfa ............................. 82.62 

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 nonPRC 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 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–549–502] 

Circular Welded Carbon Steel Pipes 

and Tubes From Thailand: Final 

Results of Antidumping Duty 

Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On April 13, 2010, the 

Department of Commerce (the 

Department) published the preliminary 

results of administrative review of the 

antidumping duty order on circular 


emcdonald on DSK2BSOYB1PROD with NOTICES