81_FR_25465 81 FR 25383 - 1-Hydroxyethylidene-1, 1-Diphosphonic Acid From People's Republic of China: Initiation of Countervailing Duty Investigation

81 FR 25383 - 1-Hydroxyethylidene-1, 1-Diphosphonic Acid From People's Republic of China: Initiation of Countervailing Duty Investigation

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 82 (April 28, 2016)

Page Range25383-25386
FR Document2016-09882

Federal Register, Volume 81 Issue 82 (Thursday, April 28, 2016)
[Federal Register Volume 81, Number 82 (Thursday, April 28, 2016)]
[Notices]
[Pages 25383-25386]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09882]



[[Page 25383]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-046]


1-Hydroxyethylidene-1, 1-Diphosphonic Acid From People's Republic 
of China: Initiation of Countervailing Duty Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce

DATES: Effective Date: February 20, 2016.

FOR FURTHER INFORMATION CONTACT: Davina Friedmann at (202) 482-0698, 
Robert James at (202) 482-0649, AD/CVD Operations, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230.

SUPPLEMENTARY INFORMATION:

The Petition

    On March 31, 2016, the Department of Commerce (Department) received 
a countervailing duty (CVD) petition concerning imports of 1-
Hydroxyethylidene-1, 1-Diphosphonic Acid (HEDP) from the People's 
Republic of China (the PRC), filed in proper form on behalf of Compass 
Chemical International, LLC (Petitioner). The CVD petition was 
accompanied by an antidumping duty (AD) petition, also concerning 
imports of HEDP from the PRC.\1\ Petitioner is a domestic producer of 
HEDP.\2\
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    \1\ See ``Petition for the Imposition of Antidumping and 
Countervailing Duties: 1-Hydroxyethylidene-1, 1-Diphosphonic Acid 
from the People's Republic of China,'' dated March 31, 2016 
(Petitions).
    \2\ See Volume I of the Petitions, at 2, and Exhibit I-1.
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    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), Petitioner alleges that the Government of the PRC 
(GOC) is providing countervailable subsidies (within the meaning of 
sections 701 and 771(5) of the Act) with respect to imports of HEDP 
from the PRC, and that imports of HEDP from the PRC are materially 
injuring, and threaten material injury to, the domestic industry 
producing HEDP in the United States. Also, consistent with section 
702(b)(1) of the Act, for those alleged programs on which we have 
initiated a CVD investigation, the Petition is accompanied by 
information reasonably available to Petitioner supporting its 
allegations.
    The Department finds that Petitioner filed the Petition on behalf 
of the domestic industry because it is an interested party as defined 
in section 771(9)(C) of the Act, and that Petitioner has demonstrated 
sufficient industry support with respect to the initiation of the 
investigation Petitioner is requesting.\3\
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    \3\ See ``Determination of Industry Support for the Petition'' 
below.
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Period of Investigation

    The period of investigation is January 1, 2015, through December 
31, 2015.\4\
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    \4\ See 19 CFR 351.204(b)(2).
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Scope of the Investigation

    The product covered by this investigation is HEDP from the PRC. For 
a full description of the scope of this investigation, see ``Scope of 
Investigation'' at Appendix I of this notice.

Comments on Scope of the Investigation

    During our review of the Petition, the Department issued questions 
to, and received responses from, Petitioner pertaining to the proposed 
scope to ensure that the scope language in the Petition would be an 
accurate reflection of the products for which the domestic industry is 
seeking relief.\5\
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    \5\ See Letter from Petitioner to the Department, ``Petitioner 
for the Imposition of Antidumping and Countervailing Duties, 
Supplemental Submission, Petition Volume I: 1-Hydroxyethylidene-1, 
1-Diphosphonic Acid from the People's Republic of China,'' dated 
April 7, 2016 (Petition Supplemental Information).
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    As discussed in the preamble to the Department's regulations,\6\ we 
are setting aside a period for interested parties to raise issues 
regarding product coverage (i.e., scope). The Department will consider 
all comments received from interested parties, and if necessary, will 
consult with interested parties prior to the issuance of the 
preliminary determination. If scope comments include factual 
information (see 19 CFR 351.102(b)(21)), all such factual information 
should be limited to public information. In order to facilitate 
preparation of its questionnaire, the Department requests all 
interested parties to submit such comments by 5:00 p.m. Eastern Time 
(ET) on Tuesday, May 10, 2016, which is 20 calendar days from the 
signature date of this notice. Any rebuttal comments, which may include 
factual information, must be filed by 5:00 p.m. ET on Friday, May 20, 
2016, which is ten calendar days after the initial comments deadline.
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    \6\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
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    The Department requests that any factual information the parties 
consider relevant to the scope of the investigation be submitted during 
this time period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigation may be relevant, the party may contact the Department and 
request permission to submit the additional information. All such 
comments also must be filed on the record of the concurrent AD 
investigation.

Filing Requirements

    All submissions to the Department must be filed electronically 
using Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\7\ An electronically-
filed document must be received successfully in its entirety by the 
time and date it is due. Documents excepted from the electronic 
submission requirements must be filed manually (i.e., in paper form) 
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230, and stamped with the date and time of receipt by 
the applicable deadlines.
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    \7\ See 19 CFR 351.303 (for general filing requirements); 
Antidumping and Countervailing Duty Proceedings: Electronic Filing 
Procedures; Administrative Protective Order Procedures, 76 FR 39263 
(July 6, 2011), for details of the Department's electronic filing 
requirements, which went into effect on August 5, 2011. Information 
on help using ACCESS can be found at https://access.trade.gov/help.aspx and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Consultations

    Pursuant to section 702(b)(4)(A)(i) of the Act, the Department 
notified representatives of the GOC of the receipt of the Petition. 
Also, in accordance with section 702(b)(4)(A)(ii) of the Act, the 
Department provided representatives of the GOC the opportunity for 
consultations with respect to the CVD petition.\8\ In lieu of 
consultation with the Department, the GOC submitted comments to the 
Department on the alleged subsidy programs.\9\
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    \8\ See Letter of invitation from the Department regarding, 
``Countervailing Duty Petition on 1-Hydroxyethylidene-1, 1-
DIphosphonic Acid from the People's Republic of China,'' dated April 
7, 2016.
    \9\ See Department Memorandum, ``Countervailing Duty Petition on 
1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the People's 
Republic of China: GOC Comments on Alleged Subsidy Programs,'' dated 
April 19, 2016.
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Determination of Industry Support for the Petition

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic

[[Page 25384]]

producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, the Department 
shall: (i) Poll the industry or rely on other information in order to 
determine if there is support for the petition, as required by 
subparagraph (A); or (ii) determine industry support using a 
statistically valid sampling method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs the Department to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both the Department and 
the ITC must apply the same statutory definition regarding the domestic 
like product,\10\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, the Department's 
determination is subject to limitations of time and information. 
Although this may result in different definitions of the like product, 
such differences do not render the decision of either agency contrary 
to law.\11\
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    \10\ See section 771(10) of the Act.
    \11\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
Petition).
    With regard to the domestic like product, Petitioner does not offer 
a definition of the domestic like product distinct from the scope of 
the investigation. Based on our analysis of the information submitted 
on the record, we have determined that HEDP, as defined in the scope, 
constitutes a single domestic like product and we have analyzed 
industry support in terms of that domestic like product.\12\
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    \12\ For a discussion of the domestic like product analysis in 
this case, see Countervailing Duty Investigation Initiation 
Checklist: 1 Hydroxyethylidene-1, 1-Diphosphonic Acid from the 
People's Republic of China (PRC CVD Initiation Checklist), at 
Attachment II, Analysis of Industry Support for the Antidumping and 
Countervailing Duty Petitions Covering 1-Hydroxyethylidene-1, 1-
Diphosphonic Acid from the People's Republic of China (Attachment 
II). This checklist is dated concurrently with this notice and on 
file electronically via ACCESS. Access to documents filed via ACCESS 
is also available in the Central Records Unit, Room B8024 of the 
main Department of Commerce building.
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    In determining whether Petitioner has standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in Appendix I of this 
notice. To establish industry support, Petitioner provided its 2015 
production of the domestic like product.\13\ Petitioner states that it 
is the only known producer of HEDP in the United States; therefore, the 
Petition is supported by 100 percent of the U.S. industry.\14\
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    \13\ See Volume I of the Petition, at 5 and Exhibit I-1.
    \14\ Id.
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    Our review of the data provided in the Petition and other 
information readily available to the Department indicates that 
Petitioner has established industry support.\15\ First, the Petition 
established support from domestic producers (or workers) accounting for 
more than 50 percent of the total production of the domestic like 
product and, as such, the Department is not required to take further 
action in order to evaluate industry support (e.g., polling).\16\ 
Second, the domestic producers (or workers) have met the statutory 
criteria for industry support under section 702(c)(4)(A)(i) of the Act 
because the domestic producers (or workers) who support the Petition 
account for at least 25 percent of the total production of the domestic 
like product.\17\ Finally, the domestic producers (or workers) have met 
the statutory criteria for industry support under section 
702(c)(4)(A)(ii) of the Act because the domestic producers (or workers) 
who support the Petition account for more than 50 percent of the 
production of the domestic like product produced by that portion of the 
industry expressing support for, or opposition to, the Petition.\18\ 
Accordingly, the Department determines that the Petition was filed on 
behalf of the domestic industry within the meaning of section 702(b)(1) 
of the Act.
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    \15\ See PRC CVD Initiation Checklist, at Attachment II.
    \16\ See section 702(c)(4)(D) of the Act; see also PRC CVD 
Initiation Checklist, at Attachment II.
    \17\ See PRC CVD Initiation Checklist, at Attachment II.
    \18\ Id.
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    The Department finds that Petitioner filed the Petition on behalf 
of the domestic industry because it is an interested parties as defined 
in section 771(9)(C) of the Act and it has demonstrated sufficient 
industry support with respect to the CVD investigation that it is 
requesting the Department initiate.\19\
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    \19\ Id.
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Injury Test

    Because the PRC is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to this investigation. Accordingly, the ITC must determine 
whether imports of the subject merchandise from the PRC materially 
injure, or threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    Petitioner alleges that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, Petitioner alleges 
that subject imports exceed the negligibility threshold provided for 
under section 771(24)(A) of the Act.\20\
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    \20\ See General Issues Supplement, at 2.
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    Petitioner contends that the industry's injured condition is 
illustrated by reduced market share; underselling and price suppression 
or depression; decline in shipments and production; decline in 
employment; decline in financial performance; and lost sales and 
revenues.\21\ We have assessed the allegations and supporting evidence 
regarding material injury, threat of material injury, and causation, 
and we have determined that these allegations are properly supported by 
adequate evidence and meet the statutory requirements for 
initiation.\22\
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    \21\ See Volume I of the Petition, at 10-13, 19-38 and Exhibit 
I-5; see also General Issues Supplement, at 2.
    \22\ See PRC CVD Initiation Checklist, at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the 
People's Republic of China.

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[[Page 25385]]

Initiation of Countervailing Duty Investigation

    Section 702(b)(1) of the Act requires the Department to initiate a 
CVD investigation whenever an interested party files a CVD petition on 
behalf of an industry that: (1) Alleges elements necessary for an 
imposition of a duty under section 701(a) of the Act; and (2) is 
accompanied by information reasonably available to Petitioner 
supporting the allegations.
    Petitioner alleges that producers/exporters of HEDP in the PRC 
benefit from countervailable subsidies bestowed by the GOC. The 
Department examined the Petition and finds that it complies with the 
requirements of section 702(b)(1) of the Act. Therefore, in accordance 
with section 702(b)(1) of the Act, we are initiating a CVD 
investigation to determine whether manufacturers, producers, or 
exporters of HEDP from the PRC receive countervailable subsidies from 
the GOC and various authorities thereof.
    On June 29, 2015, the President of the United States signed into 
law the Trade Preferences Extension Act of 2015, which made numerous 
amendments to the AD and CVD law.\23\ The 2015 law does not specify 
dates of application for those amendments. On August 6, 2015, the 
Department published an interpretative rule, in which it announced the 
applicability dates for each amendment to the Act, except for 
amendments contained in section 771(7) of the Act, which relate to 
determinations of material injury by the ITC.\24\ The amendments to 
sections 776 and 782 of the Act are applicable to all determinations 
made on or after August 6, 2015, and, therefore, apply to this CVD 
investigation.\25\
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    \23\ See Trade Preferences Extension Act of 2015, Pub. L. 114-
27, 129 Stat. 362 (2015).
    \24\ See Dates of Application of Amendments to the Antidumping 
and Countervailing Duty Laws Made by the Trade Preferences Extension 
Act of 2015, 80 FR 46793 (August 6, 2015) (Applicability Notice). 
The 2015 amendments may be found at https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
    \25\ Id., at 46794-95.
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    Based on our review of the petition, we find that there is 
sufficient information to initiate a CVD investigation on the four 
remaining alleged programs in the PRC.\26\ For a full discussion of the 
basis for our decision to initiate on each program, see the PRC CVD 
Initiation Checklist. A public version of the initiation checklist for 
this investigation is available on ACCESS.
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    \26\ Petitioner initially alleged nine subsidy programs, but 
subsequently withdrew allegations on five of those programs. See 
Volume III of the Petition, at 18-30; see also Petition Supplemental 
Information at 1-3.
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    In accordance with section 703(b)(1) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determination no later than 65 days after the date of this initiation.

Respondent Selection

    Following standard practice in CVD investigations, the Department 
will, where appropriate, select respondents based on U.S. Customs and 
Border Protection (``CBP'') data for U.S. imports of HEDP during the 
period of investigation. For this investigation, the Department will 
release U.S. Customs and Border Protection (CBP) data for U.S. imports 
of subject merchandise during the period of investigation under the 
following Harmonized Tariff Schedule of the United States numbers: 
2931.90.9043. Subject merchandise may also enter under HTSUS 
subheadings 2811.19.6090 and 2931.90.9041. We intend to release the CBP 
data under Administrative Protective Order (APO) to all parties with 
access to information protected by APO within five business days of the 
announcement of this Federal Register notice. Interested parties must 
submit applications for disclosure under APO in accordance with 19 CFR 
351.305(b). Instructions for filing such applications may be found at 
http://enforcement.trade.gov/apo/.
    Interested parties may submit comments regarding the CBP data and 
respondent selection by 5:00 p.m. ET on the seventh calendar day after 
publication of this notice. Comments must be filed in accordance with 
the filing requirements stated above. If respondent selection is 
necessary, we intend to base our decision regarding respondent 
selection upon comments received from interested parties and our 
analysis of the record information within 20 days of publication of 
this notice.

Distribution of Copies of the Petition

    In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the GOC via ACCESS. To the extent practicable, we will 
attempt to provide a copy of the public version of the Petition to each 
known exporter (as named in the Petition), consistent with 19 CFR 
351.203(c)(2).

ITC Notification

    We will notify the ITC of our initiation, as required by section 
702(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of HEDP from the PRC are materially injuring, 
or threatening material injury to, a U.S. industry.\27\ A negative ITC 
determination will result in the investigation being terminated; \28\ 
otherwise, this investigation will proceed according to statutory and 
regulatory time limits.
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    \27\ See section 703(a)(2) of the Act.
    \28\ See section 703(a)(1) of the Act.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by the Department; and (v) evidence other than 
factual information described in (i)-(iv). The regulation requires any 
party, when submitting factual information, to specify under which 
subsection of 19 CFR 351.102(b)(21) the information is being submitted 
and, if the information is submitted to rebut, clarify, or correct 
factual information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct. Time limits for the 
submission of factual information are addressed in 19 CFR 351.301, 
which provides specific time limits based on the type of factual 
information being submitted. Parties should review the regulations 
prior to submitting factual information in this investigation.

Extension of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by the Secretary. In general, an extension request 
will be considered untimely if it is filed after the expiration of the 
time limit established under 19 CFR 351.301 expires. For submissions 
that are due from multiple parties simultaneously, an extension request 
will be considered untimely if it is filed after 10:00 a.m. on the due 
date. Under certain circumstances, we may elect to specify a different 
time limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In

[[Page 25386]]

such a case, we will inform parties in the letter or memorandum setting 
forth the deadline (including a specified time) by which extension 
requests must be filed to be considered timely. An extension request 
must be made in a separate, stand-alone submission; under limited 
circumstances we will grant untimely-filed requests for the extension 
of time limits. Review Extension of Time Limits; Final Rule, 78 FR 
57790 (September 20, 2013), available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual 
information in this investigation.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\29\ 
Parties are hereby reminded that revised certification requirements are 
in effect for company/government officials, as well as their 
representatives. Investigations initiated on the basis of petitions 
filed on or after August 16, 2013, and other segments of any AD or CVD 
proceedings initiated on or after August 16, 2013, should use the 
formats for the revised certifications provided at the end of the Final 
Rule.\30\ The Department intends to reject factual submissions if the 
submitting party does not comply with the applicable revised 
certification requirements.
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    \29\ See section 782(b) of the Act.
    \30\ See Certification of Factual Information To Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule''); see also 
frequently asked questions regarding the Final Rule, available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On January 22, 2008, the 
Department published Antidumping and Countervailing Duty Proceedings: 
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 
22, 2008). Parties wishing to participate in this investigation should 
ensure that they meet the requirements of these procedures (e.g., the 
filing of letters of appearance as discussed at 19 CFR 351.103(d)).
    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act.

    Dated: April 20, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix I--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 acid (HEDP), also referred to as 
hydroxyethylidenendiphosphonic 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 2931.90.9043. It may also enter under HTSUS 
subheadings 2811.19.6090 and 2931.90.9041. While HTSUS subheadings 
and the CAS registry number are provided for convenience and customs 
purposes only, the written description of the scope of this 
investigation is dispositive.

[FR Doc. 2016-09882 Filed 4-27-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                Federal Register / Vol. 81, No. 82 / Thursday, April 28, 2016 / Notices                                                      25383

                                                  DEPARTMENT OF COMMERCE                                  interested party as defined in section                 However, if a party subsequently finds
                                                                                                          771(9)(C) of the Act, and that Petitioner              that additional factual information
                                                  International Trade Administration                      has demonstrated sufficient industry                   pertaining to the scope of the
                                                  [C–570–046]                                             support with respect to the initiation of              investigation may be relevant, the party
                                                                                                          the investigation Petitioner is                        may contact the Department and request
                                                  1-Hydroxyethylidene-1, 1-                               requesting.3                                           permission to submit the additional
                                                  Diphosphonic Acid From People’s                                                                                information. All such comments also
                                                                                                          Period of Investigation
                                                  Republic of China: Initiation of                                                                               must be filed on the record of the
                                                  Countervailing Duty Investigation                          The period of investigation is January              concurrent AD investigation.
                                                                                                          1, 2015, through December 31, 2015.4
                                                  AGENCY:  Enforcement and Compliance,                                                                           Filing Requirements
                                                                                                          Scope of the Investigation
                                                  International Trade Administration,                                                                              All submissions to the Department
                                                  Department of Commerce                                     The product covered by this                         must be filed electronically using
                                                  DATES: Effective Date: February 20,                     investigation is HEDP from the PRC. For                Enforcement and Compliance’s
                                                  2016.                                                   a full description of the scope of this                Antidumping and Countervailing Duty
                                                                                                          investigation, see ‘‘Scope of                          Centralized Electronic Service System
                                                  FOR FURTHER INFORMATION CONTACT:                        Investigation’’ at Appendix I of this                  (ACCESS).7 An electronically-filed
                                                  Davina Friedmann at (202) 482–0698,                     notice.                                                document must be received successfully
                                                  Robert James at (202) 482–0649, AD/                                                                            in its entirety by the time and date it is
                                                  CVD Operations, Enforcement and                         Comments on Scope of the Investigation
                                                                                                                                                                 due. Documents excepted from the
                                                  Compliance, International Trade                            During our review of the Petition, the              electronic submission requirements
                                                  Administration, U.S. Department of                      Department issued questions to, and                    must be filed manually (i.e., in paper
                                                  Commerce, 14th Street and Constitution                  received responses from, Petitioner                    form) with Enforcement and
                                                  Avenue NW., Washington, DC 20230.                       pertaining to the proposed scope to                    Compliance’s APO/Dockets Unit, Room
                                                  SUPPLEMENTARY INFORMATION:                              ensure that the scope language in the                  18022, U.S. Department of Commerce,
                                                                                                          Petition would be an accurate reflection               14th Street and Constitution Avenue
                                                  The Petition                                            of the products for which the domestic                 NW., Washington, DC 20230, and
                                                     On March 31, 2016, the Department of                 industry is seeking relief.5                           stamped with the date and time of
                                                  Commerce (Department) received a                           As discussed in the preamble to the                 receipt by the applicable deadlines.
                                                  countervailing duty (CVD) petition                      Department’s regulations,6 we are
                                                  concerning imports of 1-                                setting aside a period for interested                  Consultations
                                                  Hydroxyethylidene-1, 1-Diphosphonic                     parties to raise issues regarding product                 Pursuant to section 702(b)(4)(A)(i) of
                                                  Acid (HEDP) from the People’s Republic                  coverage (i.e., scope). The Department                 the Act, the Department notified
                                                  of China (the PRC), filed in proper form                will consider all comments received                    representatives of the GOC of the receipt
                                                  on behalf of Compass Chemical                           from interested parties, and if necessary,             of the Petition. Also, in accordance with
                                                  International, LLC (Petitioner). The CVD                will consult with interested parties prior             section 702(b)(4)(A)(ii) of the Act, the
                                                  petition was accompanied by an                          to the issuance of the preliminary                     Department provided representatives of
                                                  antidumping duty (AD) petition, also                    determination. If scope comments                       the GOC the opportunity for
                                                  concerning imports of HEDP from the                     include factual information (see 19 CFR                consultations with respect to the CVD
                                                  PRC.1 Petitioner is a domestic producer                 351.102(b)(21)), all such factual                      petition.8 In lieu of consultation with
                                                  of HEDP.2                                               information should be limited to public                the Department, the GOC submitted
                                                     In accordance with section 702(b)(1)                 information. In order to facilitate                    comments to the Department on the
                                                  of the Tariff Act of 1930, as amended                   preparation of its questionnaire, the                  alleged subsidy programs.9
                                                  (the Act), Petitioner alleges that the                  Department requests all interested
                                                                                                                                                                 Determination of Industry Support for
                                                  Government of the PRC (GOC) is                          parties to submit such comments by
                                                                                                                                                                 the Petition
                                                  providing countervailable subsidies                     5:00 p.m. Eastern Time (ET) on
                                                  (within the meaning of sections 701 and                 Tuesday, May 10, 2016, which is 20                       Section 702(b)(1) of the Act requires
                                                  771(5) of the Act) with respect to                      calendar days from the signature date of               that a petition be filed on behalf of the
                                                  imports of HEDP from the PRC, and that                  this notice. Any rebuttal comments,                    domestic industry. Section 702(c)(4)(A)
                                                  imports of HEDP from the PRC are                        which may include factual information,                 of the Act provides that a petition meets
                                                  materially injuring, and threaten                       must be filed by 5:00 p.m. ET on Friday,               this requirement if the domestic
                                                  material injury to, the domestic industry               May 20, 2016, which is ten calendar
                                                                                                                                                                    7 See 19 CFR 351.303 (for general filing
                                                  producing HEDP in the United States.                    days after the initial comments
                                                                                                                                                                 requirements); Antidumping and Countervailing
                                                  Also, consistent with section 702(b)(1)                 deadline.                                              Duty Proceedings: Electronic Filing Procedures;
                                                  of the Act, for those alleged programs on                 The Department requests that any                     Administrative Protective Order Procedures, 76 FR
                                                  which we have initiated a CVD                           factual information the parties consider               39263 (July 6, 2011), for details of the Department’s
                                                  investigation, the Petition is                          relevant to the scope of the investigation             electronic filing requirements, which went into
                                                                                                                                                                 effect on August 5, 2011. Information on help using
                                                  accompanied by information reasonably                   be submitted during this time period.                  ACCESS can be found at https://access.trade.gov/
                                                  available to Petitioner supporting its                                                                         help.aspx and a handbook can be found at https://
                                                  allegations.                                               3 See ‘‘Determination of Industry Support for the
                                                                                                                                                                 access.trade.gov/help/Handbook%20on%
                                                     The Department finds that Petitioner                 Petition’’ below.                                      20Electronic%20Filling%20Procedures.pdf.
                                                                                                             4 See 19 CFR 351.204(b)(2).                            8 See Letter of invitation from the Department
                                                  filed the Petition on behalf of the
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                                                                                                             5 See Letter from Petitioner to the Department,     regarding, ‘‘Countervailing Duty Petition on 1-
                                                  domestic industry because it is an                      ‘‘Petitioner for the Imposition of Antidumping and     Hydroxyethylidene-1, 1-DIphosphonic Acid from
                                                                                                          Countervailing Duties, Supplemental Submission,        the People’s Republic of China,’’ dated April 7,
                                                    1 See ‘‘Petition for the Imposition of Antidumping    Petition Volume I: 1-Hydroxyethylidene-1, 1-           2016.
                                                  and Countervailing Duties: 1-Hydroxyethylidene-1,       Diphosphonic Acid from the People’s Republic of           9 See Department Memorandum, ‘‘Countervailing
                                                  1-Diphosphonic Acid from the People’s Republic of       China,’’ dated April 7, 2016 (Petition Supplemental    Duty Petition on 1-Hydroxyethylidene-1, 1-
                                                  China,’’ dated March 31, 2016 (Petitions).              Information).                                          Diphosphonic Acid from the People’s Republic of
                                                    2 See Volume I of the Petitions, at 2, and Exhibit       6 See Antidumping Duties; Countervailing Duties;    China: GOC Comments on Alleged Subsidy
                                                  I–1.                                                    Final Rule, 62 FR 27296, 27323 (May 19, 1997).         Programs,’’ dated April 19, 2016.



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                                                  25384                         Federal Register / Vol. 81, No. 82 / Thursday, April 28, 2016 / Notices

                                                  producers or workers who support the                    distinct from the scope of the                         account for more than 50 percent of the
                                                  petition account for: (i) At least 25                   investigation. Based on our analysis of                production of the domestic like product
                                                  percent of the total production of the                  the information submitted on the                       produced by that portion of the industry
                                                  domestic like product; and (ii) more                    record, we have determined that HEDP,                  expressing support for, or opposition to,
                                                  than 50 percent of the production of the                as defined in the scope, constitutes a                 the Petition.18 Accordingly, the
                                                  domestic like product produced by that                  single domestic like product and we                    Department determines that the Petition
                                                  portion of the industry expressing                      have analyzed industry support in terms                was filed on behalf of the domestic
                                                  support for, or opposition to, the                      of that domestic like product.12                       industry within the meaning of section
                                                  petition. Moreover, section 702(c)(4)(D)                  In determining whether Petitioner has                702(b)(1) of the Act.
                                                  of the Act provides that, if the petition               standing under section 702(c)(4)(A) of                    The Department finds that Petitioner
                                                  does not establish support of domestic                  the Act, we considered the industry                    filed the Petition on behalf of the
                                                  producers or workers accounting for                     support data contained in the Petition                 domestic industry because it is an
                                                  more than 50 percent of the total                       with reference to the domestic like                    interested parties as defined in section
                                                  production of the domestic like product,                product as defined in the ‘‘Scope of the               771(9)(C) of the Act and it has
                                                  the Department shall: (i) Poll the                      Investigation,’’ in Appendix I of this                 demonstrated sufficient industry
                                                  industry or rely on other information in                notice. To establish industry support,                 support with respect to the CVD
                                                  order to determine if there is support for              Petitioner provided its 2015 production                investigation that it is requesting the
                                                  the petition, as required by                            of the domestic like product.13                        Department initiate.19
                                                  subparagraph (A); or (ii) determine                     Petitioner states that it is the only
                                                                                                          known producer of HEDP in the United                   Injury Test
                                                  industry support using a statistically
                                                  valid sampling method to poll the                       States; therefore, the Petition is                       Because the PRC is a ‘‘Subsidies
                                                  ‘‘industry.’’                                           supported by 100 percent of the U.S.                   Agreement Country’’ within the
                                                     Section 771(4)(A) of the Act defines                 industry.14                                            meaning of section 701(b) of the Act,
                                                  the ‘‘industry’’ as the producers as a                    Our review of the data provided in the               section 701(a)(2) of the Act applies to
                                                  whole of a domestic like product. Thus,                 Petition and other information readily                 this investigation. Accordingly, the ITC
                                                  to determine whether a petition has the                 available to the Department indicates                  must determine whether imports of the
                                                  requisite industry support, the statute                 that Petitioner has established industry               subject merchandise from the PRC
                                                  directs the Department to look to                       support.15 First, the Petition established             materially injure, or threaten material
                                                  producers and workers who produce the                   support from domestic producers (or                    injury to, a U.S. industry.
                                                  domestic like product. The International                workers) accounting for more than 50
                                                                                                          percent of the total production of the                 Allegations and Evidence of Material
                                                  Trade Commission (ITC), which is
                                                                                                          domestic like product and, as such, the                Injury and Causation
                                                  responsible for determining whether
                                                                                                          Department is not required to take                        Petitioner alleges that imports of the
                                                  ‘‘the domestic industry’’ has been
                                                                                                          further action in order to evaluate                    subject merchandise are benefitting
                                                  injured, must also determine what
                                                                                                          industry support (e.g., polling).16                    from countervailable subsidies and that
                                                  constitutes a domestic like product in
                                                                                                          Second, the domestic producers (or                     such imports are causing, or threaten to
                                                  order to define the industry. While both
                                                                                                          workers) have met the statutory criteria               cause, material injury to the U.S.
                                                  the Department and the ITC must apply
                                                                                                          for industry support under section                     industry producing the domestic like
                                                  the same statutory definition regarding
                                                                                                          702(c)(4)(A)(i) of the Act because the                 product. In addition, Petitioner alleges
                                                  the domestic like product,10 they do so
                                                                                                          domestic producers (or workers) who                    that subject imports exceed the
                                                  for different purposes and pursuant to a
                                                                                                          support the Petition account for at least              negligibility threshold provided for
                                                  separate and distinct authority. In
                                                                                                          25 percent of the total production of the              under section 771(24)(A) of the Act.20
                                                  addition, the Department’s                              domestic like product.17 Finally, the
                                                  determination is subject to limitations of                                                                        Petitioner contends that the industry’s
                                                                                                          domestic producers (or workers) have
                                                  time and information. Although this                                                                            injured condition is illustrated by
                                                                                                          met the statutory criteria for industry
                                                  may result in different definitions of the                                                                     reduced market share; underselling and
                                                                                                          support under section 702(c)(4)(A)(ii) of
                                                  like product, such differences do not                                                                          price suppression or depression; decline
                                                                                                          the Act because the domestic producers
                                                  render the decision of either agency                                                                           in shipments and production; decline in
                                                                                                          (or workers) who support the Petition
                                                  contrary to law.11                                                                                             employment; decline in financial
                                                     Section 771(10) of the Act defines the                  12 For a discussion of the domestic like product
                                                                                                                                                                 performance; and lost sales and
                                                  domestic like product as ‘‘a product                    analysis in this case, see Countervailing Duty         revenues.21 We have assessed the
                                                  which is like, or in the absence of like,               Investigation Initiation Checklist:                    allegations and supporting evidence
                                                  most similar in characteristics and uses                1 Hydroxyethylidene-1, 1-Diphosphonic Acid from        regarding material injury, threat of
                                                                                                          the People’s Republic of China (PRC CVD Initiation
                                                  with, the article subject to an                         Checklist), at Attachment II, Analysis of Industry
                                                                                                                                                                 material injury, and causation, and we
                                                  investigation under this title.’’ Thus, the             Support for the Antidumping and Countervailing         have determined that these allegations
                                                  reference point from which the                          Duty Petitions Covering 1-Hydroxyethylidene-1, 1-      are properly supported by adequate
                                                  domestic like product analysis begins is                Diphosphonic Acid from the People’s Republic of        evidence and meet the statutory
                                                                                                          China (Attachment II). This checklist is dated
                                                  ‘‘the article subject to an investigation’’             concurrently with this notice and on file
                                                                                                                                                                 requirements for initiation.22
                                                  (i.e., the class or kind of merchandise to              electronically via ACCESS. Access to documents
                                                  be investigated, which normally will be                 filed via ACCESS is also available in the Central        18 Id.

                                                  the scope as defined in the Petition).                  Records Unit, Room B8024 of the main Department          19 Id.
                                                                                                          of Commerce building.                                    20 See General Issues Supplement, at 2.
                                                     With regard to the domestic like
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                                                                                                             13 See Volume I of the Petition, at 5 and Exhibit
                                                                                                                                                                   21 See Volume I of the Petition, at 10–13, 19–38
                                                  product, Petitioner does not offer a                    I–1.                                                   and Exhibit I–5; see also General Issues
                                                  definition of the domestic like product                    14 Id.
                                                                                                                                                                 Supplement, at 2.
                                                                                                             15 See PRC CVD Initiation Checklist, at               22 See PRC CVD Initiation Checklist, at
                                                    10 See section 771(10) of the Act.                    Attachment II.                                         Attachment III, Analysis of Allegations and
                                                    11 See                                                   16 See section 702(c)(4)(D) of the Act; see also
                                                           USEC, Inc. v. United States, 132 F. Supp.                                                             Evidence of Material Injury and Causation for the
                                                  2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.     PRC CVD Initiation Checklist, at Attachment II.        Antidumping and Countervailing Duty Petitions
                                                  v. United States, 688 F. Supp. 639, 644 (CIT 1988),        17 See PRC CVD Initiation Checklist, at             Covering 1-Hydroxyethylidene-1, 1-Diphosphonic
                                                  aff’d 865 F.2d 240 (Fed. Cir. 1989)).                   Attachment II.                                         Acid from the People’s Republic of China.



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                                                                                Federal Register / Vol. 81, No. 82 / Thursday, April 28, 2016 / Notices                                                    25385

                                                  Initiation of Countervailing Duty                       this investigation is available on                    Preliminary Determinations by the ITC
                                                  Investigation                                           ACCESS.                                                  The ITC will preliminarily determine,
                                                     Section 702(b)(1) of the Act requires                  In accordance with section 703(b)(1)                within 45 days after the date on which
                                                  the Department to initiate a CVD                        of the Act and 19 CFR 351.205(b)(1),                  the Petition was filed, whether there is
                                                  investigation whenever an interested                    unless postponed, we will make our                    a reasonable indication that imports of
                                                  party files a CVD petition on behalf of                 preliminary determination no later than               HEDP from the PRC are materially
                                                  an industry that: (1) Alleges elements                  65 days after the date of this initiation.            injuring, or threatening material injury
                                                  necessary for an imposition of a duty                                                                         to, a U.S. industry.27 A negative ITC
                                                                                                          Respondent Selection
                                                  under section 701(a) of the Act; and (2)                                                                      determination will result in the
                                                  is accompanied by information                              Following standard practice in CVD                 investigation being terminated; 28
                                                  reasonably available to Petitioner                      investigations, the Department will,                  otherwise, this investigation will
                                                  supporting the allegations.                             where appropriate, select respondents                 proceed according to statutory and
                                                     Petitioner alleges that producers/                   based on U.S. Customs and Border                      regulatory time limits.
                                                  exporters of HEDP in the PRC benefit                    Protection (‘‘CBP’’) data for U.S. imports            Submission of Factual Information
                                                  from countervailable subsidies                          of HEDP during the period of
                                                                                                                                                                   Factual information is defined in 19
                                                  bestowed by the GOC. The Department                     investigation. For this investigation, the
                                                                                                                                                                CFR 351.102(b)(21) as: (i) Evidence
                                                  examined the Petition and finds that it                 Department will release U.S. Customs
                                                                                                                                                                submitted in response to questionnaires;
                                                  complies with the requirements of                       and Border Protection (CBP) data for
                                                                                                                                                                (ii) evidence submitted in support of
                                                  section 702(b)(1) of the Act. Therefore,                U.S. imports of subject merchandise
                                                                                                                                                                allegations; (iii) publicly available
                                                  in accordance with section 702(b)(1) of                 during the period of investigation under
                                                                                                                                                                information to value factors under 19
                                                  the Act, we are initiating a CVD                        the following Harmonized Tariff
                                                                                                                                                                CFR 351.408(c) or to measure the
                                                  investigation to determine whether                      Schedule of the United States numbers:                adequacy of remuneration under 19 CFR
                                                  manufacturers, producers, or exporters                  2931.90.9043. Subject merchandise may                 351.511(a)(2); (iv) evidence placed on
                                                  of HEDP from the PRC receive                            also enter under HTSUS subheadings                    the record by the Department; and (v)
                                                  countervailable subsidies from the GOC                  2811.19.6090 and 2931.90.9041. We                     evidence other than factual information
                                                  and various authorities thereof.                        intend to release the CBP data under                  described in (i)–(iv). The regulation
                                                     On June 29, 2015, the President of the               Administrative Protective Order (APO)                 requires any party, when submitting
                                                  United States signed into law the Trade                 to all parties with access to information             factual information, to specify under
                                                  Preferences Extension Act of 2015,                      protected by APO within five business                 which subsection of 19 CFR
                                                  which made numerous amendments to                       days of the announcement of this                      351.102(b)(21) the information is being
                                                  the AD and CVD law.23 The 2015 law                      Federal Register notice. Interested                   submitted and, if the information is
                                                  does not specify dates of application for               parties must submit applications for                  submitted to rebut, clarify, or correct
                                                  those amendments. On August 6, 2015,                    disclosure under APO in accordance                    factual information already on the
                                                  the Department published an                             with 19 CFR 351.305(b). Instructions for              record, to provide an explanation
                                                  interpretative rule, in which it                        filing such applications may be found at              identifying the information already on
                                                  announced the applicability dates for                   http://enforcement.trade.gov/apo/.                    the record that the factual information
                                                  each amendment to the Act, except for                      Interested parties may submit                      seeks to rebut, clarify, or correct. Time
                                                  amendments contained in section 771(7)                  comments regarding the CBP data and                   limits for the submission of factual
                                                  of the Act, which relate to                             respondent selection by 5:00 p.m. ET on               information are addressed in 19 CFR
                                                  determinations of material injury by the                the seventh calendar day after                        351.301, which provides specific time
                                                  ITC.24 The amendments to sections 776                   publication of this notice. Comments                  limits based on the type of factual
                                                  and 782 of the Act are applicable to all                must be filed in accordance with the                  information being submitted. Parties
                                                  determinations made on or after August                  filing requirements stated above. If                  should review the regulations prior to
                                                  6, 2015, and, therefore, apply to this                  respondent selection is necessary, we                 submitting factual information in this
                                                  CVD investigation.25                                    intend to base our decision regarding                 investigation.
                                                     Based on our review of the petition,                 respondent selection upon comments
                                                  we find that there is sufficient                                                                              Extension of Time Limits
                                                                                                          received from interested parties and our
                                                  information to initiate a CVD                           analysis of the record information                       Parties may request an extension of
                                                  investigation on the four remaining                     within 20 days of publication of this                 time limits before the expiration of a
                                                  alleged programs in the PRC.26 For a full               notice.                                               time limit established under 19 CFR
                                                  discussion of the basis for our decision                                                                      351.301, or as otherwise specified by the
                                                  to initiate on each program, see the PRC                Distribution of Copies of the Petition                Secretary. In general, an extension
                                                  CVD Initiation Checklist. A public                                                                            request will be considered untimely if it
                                                                                                            In accordance with section
                                                  version of the initiation checklist for                                                                       is filed after the expiration of the time
                                                                                                          702(b)(4)(A)(i) of the Act and 19 CFR                 limit established under 19 CFR 351.301
                                                                                                          351.202(f), a copy of the public version              expires. For submissions that are due
                                                    23 See Trade Preferences Extension Act of 2015,
                                                                                                          of the Petition has been provided to the              from multiple parties simultaneously,
                                                  Pub. L. 114–27, 129 Stat. 362 (2015).
                                                    24 See Dates of Application of Amendments to the      GOC via ACCESS. To the extent                         an extension request will be considered
                                                  Antidumping and Countervailing Duty Laws Made           practicable, we will attempt to provide               untimely if it is filed after 10:00 a.m. on
                                                  by the Trade Preferences Extension Act of 2015, 80      a copy of the public version of the                   the due date. Under certain
                                                  FR 46793 (August 6, 2015) (Applicability Notice).       Petition to each known exporter (as
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                                                  The 2015 amendments may be found at https://                                                                  circumstances, we may elect to specify
                                                  www.congress.gov/bill/114th-congress/house-bill/
                                                                                                          named in the Petition), consistent with               a different time limit by which
                                                  1295/text/pl.                                           19 CFR 351.203(c)(2).                                 extension requests will be considered
                                                    25 Id., at 46794–95.
                                                                                                          ITC Notification                                      untimely for submissions which are due
                                                    26 Petitioner initially alleged nine subsidy

                                                  programs, but subsequently withdrew allegations
                                                                                                                                                                from multiple parties simultaneously. In
                                                  on five of those programs. See Volume III of the
                                                                                                            We will notify the ITC of our
                                                  Petition, at 18–30; see also Petition Supplemental      initiation, as required by section 702(d)               27 See   section 703(a)(2) of the Act.
                                                  Information at 1–3.                                     of the Act.                                             28 See   section 703(a)(1) of the Act.



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                                                  25386                          Federal Register / Vol. 81, No. 82 / Thursday, April 28, 2016 / Notices

                                                  such a case, we will inform parties in                    Dated: April 20, 2016.                              entries during the period of review
                                                  the letter or memorandum setting forth                  Christian Marsh,                                      (‘‘POR’’).
                                                  the deadline (including a specified time)               Deputy Assistant Secretary for Antidumping            DATES: Effective Date: April 28, 2016.
                                                  by which extension requests must be                     and Countervailing Duty Operations.                   FOR FURTHER INFORMATION CONTACT:
                                                  filed to be considered timely. An                       Appendix I—Scope of the Investigation                 James Terpstra or Brendan Quinn, AD/
                                                  extension request must be made in a                                                                           CVD Operations, Office III, Enforcement
                                                  separate, stand-alone submission; under                    The merchandise covered by this
                                                                                                                                                                and Compliance, International Trade
                                                                                                          investigation includes all grades of aqueous
                                                  limited circumstances we will grant                     acidic (non-neutralized) concentrations of 1-         Administration, U.S. Department of
                                                  untimely-filed requests for the extension               hydroxyethylidene-1, 1-diphosphonic acid              Commerce, 14th Street and Constitution
                                                  of time limits. Review Extension of                     (HEDP), also referred to as hydroxye                  Avenue NW., Washington, DC 20230;
                                                  Time Limits; Final Rule, 78 FR 57790                    thylidenendiphosphonic acid, hydro                    telephone: (202) 482–3965 or (202) 482–
                                                  (September 20, 2013), available at                      xyethanediphosphonic acid, acetodi                    5848, respectively.
                                                  http://www.gpo.gov/fdsys/pkg/FR-2013-                   phosphonic acid, and etidronic acid. The              SUPPLEMENTARY INFORMATION:
                                                                                                          CAS (Chemical Abstract Service) registry
                                                  09-20/html/2013-22853.htm, prior to
                                                                                                          number for HEDP is 2809–21–4.                         Background
                                                  submitting factual information in this                     The merchandise subject to this
                                                  investigation.                                                                                                  On January 5, 2016, the Department
                                                                                                          investigation is currently classified in the
                                                                                                          Harmonized Tariff Schedule of the United              published the Preliminary Results.2 We
                                                  Certification Requirements                              States (HTSUS) at subheading 2931.90.9043.            invited interested parties to comment on
                                                                                                          It may also enter under HTSUS subheadings             the Preliminary Results, but no
                                                    Any party submitting factual                                                                                comments were received. Also, as
                                                                                                          2811.19.6090 and 2931.90.9041. While
                                                  information in an AD or CVD                             HTSUS subheadings and the CAS registry                explained in the memorandum from the
                                                  proceeding must certify to the accuracy                 number are provided for convenience and               Acting Assistant Secretary for
                                                  and completeness of that information.29                 customs purposes only, the written                    Enforcement & Compliance, the
                                                  Parties are hereby reminded that revised                description of the scope of this investigation        Department exercised its authority to
                                                  certification requirements are in effect                is dispositive.
                                                                                                                                                                toll all administrative deadlines due to
                                                  for company/government officials, as                    [FR Doc. 2016–09882 Filed 4–27–16; 8:45 am]           the recent closure of the Federal
                                                  well as their representatives.                          BILLING CODE 3510–DS–P                                Government.3 As a consequence, all
                                                  Investigations initiated on the basis of                                                                      deadlines in this segment of the
                                                  petitions filed on or after August 16,                                                                        proceeding have been extended by four
                                                  2013, and other segments of any AD or                   DEPARTMENT OF COMMERCE                                business days. The revised deadline for
                                                  CVD proceedings initiated on or after                                                                         the final results is now May 10, 2016.
                                                                                                          International Trade Administration
                                                  August 16, 2013, should use the formats                                                                         The Department conducted this
                                                  for the revised certifications provided at                                                                    review in accordance with section
                                                  the end of the Final Rule.30 The                        [A–570–896]                                           751(a)(1)(B) of the Tariff Act of 1930, as
                                                  Department intends to reject factual                                                                          amended (‘‘the Act’’).
                                                                                                          Magnesium Metal From the People’s
                                                  submissions if the submitting party does                Republic of China: Final Results of                   Scope of the Order
                                                  not comply with the applicable revised                  Antidumping Duty Administrative
                                                  certification requirements.                                                                                      The product covered by this
                                                                                                          Review; 2014–2015                                     antidumping duty order is magnesium
                                                  Notification to Interested Parties                      AGENCY:  Enforcement and Compliance,                  metal from the PRC, which includes
                                                                                                          International Trade Administration,                   primary and secondary alloy
                                                    Interested parties must submit                                                                              magnesium metal, regardless of
                                                  applications for disclosure under APO                   Department of Commerce.
                                                                                                                                                                chemistry, raw material source, form,
                                                  in accordance with 19 CFR 351.305. On                   SUMMARY: On January 5, 2016, the                      shape, or size. Magnesium is a metal or
                                                  January 22, 2008, the Department                        Department of Commerce                                alloy containing by weight primarily the
                                                  published Antidumping and                               (‘‘Department’’) published in the                     element magnesium. Primary
                                                  Countervailing Duty Proceedings:                        Federal Register the preliminary results              magnesium is produced by
                                                  Documents Submission Procedures;                        of the administrative review of the                   decomposing raw materials into
                                                  APO Procedures, 73 FR 3634 (January                     antidumping duty order on magnesium                   magnesium metal. Secondary
                                                  22, 2008). Parties wishing to participate               metal from the People’s Republic of                   magnesium is produced by recycling
                                                  in this investigation should ensure that                China (‘‘PRC’’) covering the period April             magnesium-based scrap into magnesium
                                                  they meet the requirements of these                     1, 2014, through March 31, 2015.1 This                metal. The magnesium covered by this
                                                                                                          review covers two PRC companies,                      order includes blends of primary and
                                                  procedures (e.g., the filing of letters of
                                                                                                          Tianjin Magnesium International, Co.,                 secondary magnesium.
                                                  appearance as discussed at 19 CFR
                                                                                                          Ltd. (‘‘TMI’’) and Tianjin Magnesium                     The subject merchandise includes the
                                                  351.103(d)).
                                                                                                          Metal Co., Ltd. (‘‘TMM’’). The                        following alloy magnesium metal
                                                    This notice is issued and published                   Department gave interested parties an                 products made from primary and/or
                                                  pursuant to sections 702 and 777(i) of                  opportunity to comment on the                         secondary magnesium including,
                                                  the Act.                                                Preliminary Results, but we received no               without limitation, magnesium cast into
                                                                                                          comments. Hence, these final results are              ingots, slabs, rounds, billets, and other
                                                                                                          unchanged from the Preliminary                        shapes; magnesium ground, chipped,
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                                                    29 See section 782(b) of the Act.                     Results, and we continue to find that                 crushed, or machined into rasping,
                                                    30 See Certification of Factual Information To        TMI and TMM did not have reviewable
                                                  Import Administration During Antidumping and                                                                    2 Id.
                                                  Countervailing Duty Proceedings, 78 FR 42678 (July        1 See Magnesium Metal From the People’s               3 See Memorandum to the File from Ron
                                                  17, 2013) (‘‘Final Rule’’); see also frequently asked   Republic of China: Preliminary Results of             Lorentzen, Acting A/S for Enforcement &
                                                  questions regarding the Final Rule, available at        Antidumping Duty Administrative Review; 2014–         Compliance, ‘‘Tolling of Administrative Deadlines
                                                  http://enforcement.trade.gov/tlei/notices/factual_      2015, 81 FR 220 (January 5, 2016) (‘‘Preliminary      As a Result of the Government Closure During
                                                  info_final_rule_FAQ_07172013.pdf.                       Results’’).                                           Snowstorm Jonas,’’ dated January 27, 2016.



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Document Created: 2016-04-28 01:05:43
Document Modified: 2016-04-28 01:05:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ContactDavina Friedmann at (202) 482-0698, Robert James at (202) 482-0649, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230.
FR Citation81 FR 25383 

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