81_FR_77130 81 FR 76916 - 1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's Republic of China: Affirmative Preliminary Determination of Sales at Less Than Fair Value, and Postponement of Final Determination

81 FR 76916 - 1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's Republic of China: Affirmative Preliminary Determination of Sales at Less Than Fair Value, and Postponement of Final Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 214 (November 4, 2016)

Page Range76916-76918
FR Document2016-26755

The Department of Commerce (``Department'') preliminarily determines that 1-Hydroxyethylidene-1, 1-Diphosphonic Acid (``HEDP'') from the People's Republic of China (``PRC'') is being, or is likely to be, sold in the United States at less than fair value (``LTFV''), as provided in section 733 of the Tariff Act of 1930, as amended (``the Act''). The period of investigation (``POI'') is July 1, 2015 through December 31, 2015. The estimated weighted-average dumping margins are shown in the ``Preliminary Determination'' section of this notice. Interested parties are invited to comment on this preliminary determination.

Federal Register, Volume 81 Issue 214 (Friday, November 4, 2016)
[Federal Register Volume 81, Number 214 (Friday, November 4, 2016)]
[Notices]
[Pages 76916-76918]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26755]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-045]


1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's 
Republic of China: Affirmative Preliminary Determination of Sales at 
Less Than Fair Value, and Postponement of Final Determination

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

SUMMARY: The Department of Commerce (``Department'') preliminarily 
determines that 1-Hydroxyethylidene-1, 1-Diphosphonic Acid (``HEDP'') 
from the People's Republic of China (``PRC'') is being, or is likely to 
be, sold in the United States at less than fair value (``LTFV''), as 
provided in section 733 of the Tariff Act of 1930, as amended (``the 
Act''). The period of investigation (``POI'') is July 1, 2015 through 
December 31, 2015. The estimated weighted-average dumping margins are 
shown in the ``Preliminary Determination'' section of this notice. 
Interested parties are invited to comment on this preliminary 
determination.

DATES: Effective November 4, 2016.

FOR FURTHER INFORMATION CONTACT: Omar Qureshi or Kenneth Hawkins, AD/
CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-5307 or (202) 
482-6491, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    The Department published the notice of initiation of this 
investigation on April 28, 2016.\1\ For a complete description of the 
events that followed the initiation of this investigation, see the 
Preliminary Decision Memorandum, which is dated concurrently with and 
hereby adopted by this notice.\2\ A list of topics included in the 
Preliminary Decision Memorandum is included as Appendix II to this 
notice. The Preliminary Decision Memorandum is a public document and is 
on file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``ACCESS''). 
ACCESS is available to registered users at https://access.trade.gov, 
and to all parties in the Central Records Unit, room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic version of the Preliminary Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \1\ See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from People's 
Republic of China: Initiation of Less-Than-Fair-Value Investigation, 
81 FR 25377 (April 28, 2016) (``Initiation Notice'').
    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance 
``Decision Memorandum for the Preliminary Determination in the 
Antidumping Duty Investigation of 1-Hydroxyethylidene-1, 1-
Diphosphonic Acid from People's Republic of China,'' dated 
concurrently with and hereby adopted by this notice (``Preliminary 
Decision Memorandum'').
---------------------------------------------------------------------------

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 the ``Scope 
of the Investigation,'' in Appendix I.

Scope Comments

    In accordance with the preamble to the Department's regulations,\3\ 
the Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\4\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. For a summary of the product coverage comments 
and rebuttal responses submitted to the record for this preliminary 
determination, and accompanying discussion and analysis of all comments 
timely received, see the Preliminary Decision Memorandum.\5\
---------------------------------------------------------------------------

    \3\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997).
    \4\ See Initiation Notice, 81 FR 25377.
    \5\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------

Methodology

    The Department is conducting this investigation in accordance with 
section 731 of the Act. We calculated export prices and constructed 
export prices in accordance with section 772 of the Act. Because the 
PRC is a non-market economy within the meaning of section 771(18) of 
the Act, we calculated normal value (``NV'') in accordance with section 
773(c) of the Act. In addition, the Department relied on adverse facts 
available under sections 776(a) and (b) of the Act. Specifically, the 
Department did not receive timely responses to its Q&V questionnaire or 
separate rate applications from numerous PRC exporters and/or producers 
of merchandise under consideration that were named in the Petition and 
to whom the Department issued Q&V questionnaires.\6\ Because non-
responsive PRC companies have not demonstrated that they are eligible 
for separate rate status, the Department considers them to be part of 
the PRC-wide entity.\7\ For a full description of the methodology 
underlying our preliminary conclusions, see the Preliminary Decision 
Memorandum.
---------------------------------------------------------------------------

    \6\ See Q&V Delivery Confirmation Memo.
    \7\ See Certain Cut-to-Length Carbon Steel Plate from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review; 2013-2014, 80 FR 75966 (December 7, 2015) and 
accompanying Issues and Decision Memorandum at Comment 1.
---------------------------------------------------------------------------

Combination Rates

    In the Initiation Notice, the Department stated that it would 
calculate combination rates for the respondents that are eligible for a 
separate rate in this investigation. Policy Bulletin 05.1 describes 
this practice.\8\
---------------------------------------------------------------------------

    \8\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on 
the Department's Web site at http://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------

Preliminary Determination

    The Department preliminarily determines that the following 
weighted-average dumping margins exist during the POI:

------------------------------------------------------------------------
                                                       Weighted-average
           Producer                   Exporter          dumping margin
------------------------------------------------------------------------
Nanjing University of          Nanjing University of              179.97
 Chemical Technology            Chemical Technology
 Changzhou Wujin Water          Changzhou Wujin
 Quality Stabilizer Factory.    Water Quality
                                Stabilizer Factory
                                and Nantong Uniphos
                                Chemicals Co., Ltd.
                                (collectively, ``WW
                                Group'').

[[Page 76917]]

 
Shandong Taihe Water           Shandong Taihe                     137.61
 Treatment Technologies Co.,    Chemicals Co., Ltd.
 Ltd.                           (``Taihe'').
Henan Qingshuiyuan Technology  Henan Qingshuiyuan                 168.95
 Co., Ltd.                      Technology Co., Ltd.
                                (``Qingshuiyuan'').
Jianghai Environmental         Jianghai                           168.95
 Protection Co., Ltd.           Environmental
                                Protection Co., Ltd.
                                (``Jianghai'').
------------------------------------------------------------------------
                   PRC-Wide Entity                                179.97
------------------------------------------------------------------------

Non-Selected Separate Rate

    In calculating rates for non-individually investigated respondents 
in the context of non-market economy cases, the Department looks to 
section 735(c)(5)(A)-(B) of the Act, which provides instructions for 
calculating the all-others rate in an investigation. Section 
735(c)(5)(A) of the Act provides that the estimated all-others rate 
shall be equivalent to the weighted average of the estimated weighted-
average dumping margins calculated for exporters and producers 
individually investigated, excluding any margins that are zero, de 
minimis, or based entirely on facts available. Section 735(c)(5)(B) of 
the Act provides that where all individually investigated exporters or 
producers receive rates that are zero, de minimis, or based entirely on 
facts available, then the Department may use ``any reasonable method'' 
to establish the all-others rate for those companies not individually 
investigated.
    Apart from the mandatory respondents in this investigation, two 
other PRC exporters of the subject merchandise during the POI 
established entitlement to a separate rate.\9\ Thus, separate rates are 
being assigned in this segment to Jianghai and Qingshuiyuan. There 
currently exist no individually investigated respondents that have 
failed to cooperate in this investigation, and there are no zero or de 
minimis margins. Therefore, we are preliminarily determining the 
separate rate for non-selected companies (Jianghai and Qingshuiyuan) 
based on a weighted-average of the calculated rates determined for the 
mandatory respondents,\10\ in accordance with section 735(c)(5)(A) of 
the Act.
---------------------------------------------------------------------------

    \9\ See Preliminary Decision Memo.
    \10\ We have calculated (A) a weighted-average of the dumping 
margins calculated for the mandatory respondents; (B) a simple 
average of the dumping margins calculated for the mandatory 
respondents; and (C) a weighted-average of the dumping margins 
calculated for the mandatory respondents using each company's 
publicly-ranged values for the merchandise under consideration. We 
would compare (B) and (C) to (A) and select the rate closest to (A) 
as the most appropriate rate for all other companies. See Ball 
Bearings and Parts Thereof from France, Germany, Italy, Japan, and 
the United Kingdom: Final Results of Antidumping Duty Administrative 
Reviews, Final Results of Changed-Circumstances Review, and 
Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 
2010).
---------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, the Department 
will direct U.S. Customs and Border Protection (CBP) to suspend 
liquidation of all entries of HEDP from the PRC, as described in the 
``Scope of the Investigation'' section, entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register.
    Pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), 
the Department will instruct CBP to require a cash deposit \11\ equal 
to the weighted-average amount by which NV exceeds U.S. price as 
follows: (1) The cash deposit rate for the exporter/producer 
combination listed in the table above will be the rate identified for 
that combination in the table; (2) for all combinations of PRC 
exporters/producers of merchandise under consideration that have not 
received their own separate rate above, the cash-deposit rate will be 
the cash deposit rate established for the PRC-wide entity; and (3) for 
all non-PRC exporters of the merchandise under consideration which have 
not received their own separate rate above, the cash-deposit rate will 
be the cash deposit rate applicable to the PRC exporter/producer 
combination that supplied that non-PRC exporter. These suspension of 
liquidation instructions will remain in effect until further notice.
---------------------------------------------------------------------------

    \11\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
---------------------------------------------------------------------------

    We normally adjust antidumping duty cash deposit rates by the 
amount of export subsidies, where appropriate. In the companion CVD 
investigation, we preliminarily found that the WW Group did not receive 
export subsidies.\12\ Therefore, no offset to the WW Group's cash 
deposit rate for export subsidies is necessary.\13\ With respect to 
Taihe, because its countervailing duty rate in the companion 
investigation included an amount for export subsidies, an offset of 
0.28 percent will be made to its cash deposit rate.\14\ With respect to 
the separate-rate companies, we find that an export subsidy adjustment 
of 0.14 percent to the cash deposit rate is warranted because this is 
the export subsidy rate included in the countervailing duty ``all 
others'' rate to which the separate-rate companies are subject. For the 
PRC-wide entity, which received an adverse facts available rate in this 
preliminary determination, as an extension of the adverse inference 
found necessary pursuant to section 776(b) of the Act, the Department 
has not adjusted the PRC-wide entity's AD cash deposit rate by the 
lowest export subsidy rate determined for any party in the companion 
CVD proceeding, because the lowest export subsidy rate determined in 
the companion CVD proceeding is 0.00 percent.\15,16\
---------------------------------------------------------------------------

    \12\ See Countervailing Duty Investigation of 1-
Hydroxyethylidene-1, 1-Diphosphonic Acid from the People's Republic 
of China: Preliminary Affirmative Determination and Alignment of 
Final Determination with Final Antidumping Duty Determination, 81 FR 
62084 (September 8, 2016) (``HEDP CVD Prelim''), and accompanying 
Preliminary Decision Memorandum at 13-19.
    \13\ Id.
    \14\ Id.
    \15\ See, e.g., Certain Passenger Vehicle and Light Truck Tires 
From the People's Republic of China: Preliminary Determination of 
Sales at Less Than Fair Value; Preliminary Affirmative Determination 
of Critical Circumstances; In Part and Postponement of Final 
Determination, 80 FR 4250 (January 27, 2015), and accompanying 
Issues and Decision Memorandum at 35.
    \16\ See HEDP CVD Prelim at 81 FR 62085.
---------------------------------------------------------------------------

    Pursuant to section 777A(f) of the Act, we normally adjust 
preliminary cash deposit rates for estimated domestic subsidy pass-
through, where appropriate. However, in this case there is no basis to 
grant a domestic subsidy pass-through adjustment.\17\
---------------------------------------------------------------------------

    \17\ See Preliminary Decision Memorandum at 28-29.
---------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations performed to interested 
parties in this proceeding within five days of the date of announcement 
of this preliminary determination in accordance with 19 CFR 351.224(b). 
Interested parties may submit case briefs, rebuttal briefs, and hearing 
requests.\18\ For a schedule of the deadlines for filing case briefs, 
rebuttal briefs, and hearing requests, see the

[[Page 76918]]

Preliminary Decision Memorandum at Section IX.
---------------------------------------------------------------------------

    \18\ See 19 CFR 351.309(c)-(d), 19 CFR 351.310(c).
---------------------------------------------------------------------------

International Trade Commission (``ITC'') Notification

    In accordance with section 733(f) of the Act, we will notify the 
ITC of our affirmative preliminary determination of sales at LTFV. If 
our final determination is affirmative, the ITC will determine before 
the later of 120 days after the date of this preliminary determination 
or 45 days after our final determination whether these imports are 
materially injuring, or threaten material injury to, the U.S. 
industry.\19\
---------------------------------------------------------------------------

    \19\ See section 735(b)(2) of the Act.
---------------------------------------------------------------------------

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
Petitioners. 19 CFR 351.210(e)(2) requires that requests by respondents 
for postponement of a final antidumping determination be accompanied by 
a request for extension of provisional measures from a four-month 
period to a period not more than six months in duration.
    On October 19 and 20, 2016, pursuant to 19 CFR 351.210(b) and (e), 
the WW Group and Taihe, respectively, requested that, contingent upon 
an affirmative preliminary determination of sales at LTFV, the 
Department postpone the final determination and that provisional 
measures be extended to a period not to exceed six months.\20\
---------------------------------------------------------------------------

    \20\ See the WW Group's Letter (October 19, 2016); Taihe's 
Letter (October 20, 2016).
---------------------------------------------------------------------------

    In accordance with section 735(a)(2)(A) of the Act and 19 CFR 
351.210(b)(2)(ii), because (1) our preliminary determination is 
affirmative; (2) the requesting exporters account for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, we are postponing the final determination and 
extending the provisional measures from a four-month period to a period 
not greater than six months. Accordingly, we will make our final 
determination no later than 135 days after the date of publication of 
this preliminary determination, pursuant to section 735(a)(2) of the 
Act.\21\
---------------------------------------------------------------------------

    \21\ See also 19 CFR 351.210(e).
---------------------------------------------------------------------------

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: October 27, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

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.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Final Determination and Extension of Provisional 
Measures
V. Scope Comments
VI. Selection of Respondents
VII. Scope of the Investigation
VIII. Discussion of the Methodology
    a. Non-Market Economy Country
    b. Surrogate Country and Surrogate Values Comments
    c. Separate Rates
    d. Combination Rates
    e. Collapsing and Affiliation
    f. The PRC-Wide Entity
    g. Application of Facts Available and Adverse Inferences
    h. Date of Sale
    i. Comparisons to Fair Value
    j. Normal Value
    k. Factor Valuation Methodology
    l. Determination of the Comparison Method
IX. Currency Conversion
X. Export Subsidy Adjustment
XI. Adjustment Under Section 777A(f) of the Act
XII. Disclosure and Public Comment
XIII. Verification
XIV. Recommendation

[FR Doc. 2016-26755 Filed 11-3-16; 8:45 am]
BILLING CODE 3510-DS-P



                                                    76916                        Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Notices

                                                    the Board’s regulations, including                      (202) 482–5307 or (202) 482–6491,                        rebuttal responses submitted to the
                                                    Section 400.14.                                         respectively.                                            record for this preliminary
                                                      Dated: October 27, 2016.                              SUPPLEMENTARY INFORMATION:                               determination, and accompanying
                                                    Andrew McGilvray,
                                                                                                                                                                     discussion and analysis of all comments
                                                                                                            Background                                               timely received, see the Preliminary
                                                    Executive Secretary.
                                                                                                               The Department published the notice                   Decision Memorandum.5
                                                    [FR Doc. 2016–26739 Filed 11–3–16; 8:45 am]
                                                                                                            of initiation of this investigation on                   Methodology
                                                    BILLING CODE 3510–DS–P
                                                                                                            April 28, 2016.1 For a complete
                                                                                                            description of the events that followed                    The Department is conducting this
                                                                                                            the initiation of this investigation, see                investigation in accordance with section
                                                    DEPARTMENT OF COMMERCE
                                                                                                            the Preliminary Decision Memorandum,                     731 of the Act. We calculated export
                                                    International Trade Administration                      which is dated concurrently with and                     prices and constructed export prices in
                                                                                                            hereby adopted by this notice.2 A list of                accordance with section 772 of the Act.
                                                    [A–570–045]                                             topics included in the Preliminary                       Because the PRC is a non-market
                                                                                                            Decision Memorandum is included as                       economy within the meaning of section
                                                    1-Hydroxyethylidene-1, 1-                               Appendix II to this notice. The                          771(18) of the Act, we calculated normal
                                                    Diphosphonic Acid From the People’s                     Preliminary Decision Memorandum is a                     value (‘‘NV’’) in accordance with section
                                                    Republic of China: Affirmative                          public document and is on file                           773(c) of the Act. In addition, the
                                                    Preliminary Determination of Sales at                   electronically via Enforcement and                       Department relied on adverse facts
                                                    Less Than Fair Value, and                               Compliance’s Antidumping and                             available under sections 776(a) and (b)
                                                    Postponement of Final Determination                     Countervailing Duty Centralized                          of the Act. Specifically, the Department
                                                                                                            Electronic Service System (‘‘ACCESS’’).                  did not receive timely responses to its
                                                    AGENCY:    Enforcement and Compliance,                  ACCESS is available to registered users
                                                    International Trade Administration,                                                                              Q&V questionnaire or separate rate
                                                                                                            at https://access.trade.gov, and to all                  applications from numerous PRC
                                                    Department of Commerce.                                 parties in the Central Records Unit,                     exporters and/or producers of
                                                    SUMMARY: The Department of Commerce                     room B8024 of the main Department of                     merchandise under consideration that
                                                    (‘‘Department’’) preliminarily                          Commerce building. In addition, a                        were named in the Petition and to
                                                    determines that 1-Hydroxyethylidene-1,                  complete version of the Preliminary                      whom the Department issued Q&V
                                                    1-Diphosphonic Acid (‘‘HEDP’’) from                     Decision Memorandum can be found at                      questionnaires.6 Because non-
                                                    the People’s Republic of China (‘‘PRC’’)                http://enforcement.trade.gov/frn/. The                   responsive PRC companies have not
                                                    is being, or is likely to be, sold in the               signed Preliminary Decision                              demonstrated that they are eligible for
                                                    United States at less than fair value                   Memorandum and the electronic                            separate rate status, the Department
                                                    (‘‘LTFV’’), as provided in section 733 of               version of the Preliminary Decision                      considers them to be part of the PRC-
                                                    the Tariff Act of 1930, as amended (‘‘the               Memorandum are identical in content.                     wide entity.7 For a full description of
                                                    Act’’). The period of investigation                                                                              the methodology underlying our
                                                    (‘‘POI’’) is July 1, 2015 through                       Scope of the Investigation
                                                                                                                                                                     preliminary conclusions, see the
                                                    December 31, 2015. The estimated                           The product covered by this
                                                                                                                                                                     Preliminary Decision Memorandum.
                                                    weighted-average dumping margins are                    investigation is HEDP from the PRC. For
                                                    shown in the ‘‘Preliminary                              a full description of the scope of this                  Combination Rates
                                                    Determination’’ section of this notice.                 investigation, see the ‘‘Scope of the
                                                                                                            Investigation,’’ in Appendix I.                            In the Initiation Notice, the
                                                    Interested parties are invited to
                                                                                                                                                                     Department stated that it would
                                                    comment on this preliminary                             Scope Comments                                           calculate combination rates for the
                                                    determination.
                                                                                                              In accordance with the preamble to                     respondents that are eligible for a
                                                    DATES:   Effective November 4, 2016.                    the Department’s regulations,3 the                       separate rate in this investigation. Policy
                                                    FOR FURTHER INFORMATION CONTACT:                        Initiation Notice set aside a period of                  Bulletin 05.1 describes this practice.8
                                                    Omar Qureshi or Kenneth Hawkins, AD/                    time for parties to raise issues regarding               Preliminary Determination
                                                    CVD Operations, Office V, Enforcement                   product coverage (i.e., scope).4 Certain
                                                    and Compliance, International Trade                     interested parties commented on the                        The Department preliminarily
                                                    Administration, U.S. Department of                      scope of the investigation as it appeared                determines that the following weighted-
                                                    Commerce, 1401 Constitution Avenue                      in the Initiation Notice. For a summary                  average dumping margins exist during
                                                    NW., Washington, DC 20230; telephone:                   of the product coverage comments and                     the POI:

                                                                                                                                                                                                   Weighted-average
                                                                                Producer                                                                  Exporter                                  dumping margin

                                                    Nanjing University of Chemical Technology Changzhou                       Nanjing University of Chemical Technology Changzhou                               179.97
                                                      Wujin Water Quality Stabilizer Factory.                                   Wujin Water Quality Stabilizer Factory and Nantong
                                                                                                                                Uniphos Chemicals Co., Ltd. (collectively, ‘‘WW Group’’).

                                                      1 See 1-Hydroxyethylidene-1, 1-Diphosphonic           China,’’ dated concurrently with and hereby              2014, 80 FR 75966 (December 7, 2015) and
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Acid from People’s Republic of China: Initiation of     adopted by this notice (‘‘Preliminary Decision           accompanying Issues and Decision Memorandum at
                                                    Less-Than-Fair-Value Investigation, 81 FR 25377         Memorandum’’).                                           Comment 1.
                                                    (April 28, 2016) (‘‘Initiation Notice’’).                 3 See Antidumping Duties; Countervailing Duties,          8 See Enforcement and Compliance’s Policy
                                                      2 See Memorandum from Christian Marsh, Deputy
                                                                                                            62 FR 27296, 27323 (May 19, 1997).                       Bulletin No. 05.1, regarding, ‘‘Separate-Rates
                                                    Assistant Secretary for Antidumping and                   4 See Initiation Notice, 81 FR 25377.
                                                                                                                                                                     Practice and Application of Combination Rates in
                                                    Countervailing Duty Operations, to Paul Piquado,          5 See Preliminary Decision Memorandum.
                                                    Assistant Secretary for Enforcement and                                                                          Antidumping Investigations involving Non-Market
                                                    Compliance ‘‘Decision Memorandum for the
                                                                                                              6 See Q&V Delivery Confirmation Memo.                  Economy Countries,’’ (April 5, 2005) (Policy
                                                    Preliminary Determination in the Antidumping              7 See Certain Cut-to-Length Carbon Steel Plate         Bulletin 05.1), available on the Department’s Web
                                                    Duty Investigation of 1-Hydroxyethylidene-1, 1-         from the People’s Republic of China: Final Results       site at http://enforcement.trade.gov/policy/bull05-
                                                    Diphosphonic Acid from People’s Republic of             of Antidumping Duty Administrative Review; 2013–         1.pdf.



                                               VerDate Sep<11>2014   17:52 Nov 03, 2016   Jkt 241001   PO 00000   Frm 00006    Fmt 4703   Sfmt 4703   E:\FR\FM\04NON1.SGM    04NON1


                                                                                  Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Notices                                                       76917

                                                                                                                                                                                                     Weighted-average
                                                                                 Producer                                                                  Exporter                                   dumping margin

                                                    Shandong Taihe Water Treatment Technologies Co., Ltd ....                 Shandong Taihe Chemicals Co., Ltd. (‘‘Taihe’’) ....................                  137.61
                                                    Henan Qingshuiyuan Technology Co., Ltd ............................       Henan Qingshuiyuan Technology Co., Ltd. (‘‘Qingshuiyuan’’)                           168.95
                                                    Jianghai Environmental Protection Co., Ltd ...........................    Jianghai Environmental Protection Co., Ltd. (‘‘Jianghai’’) .....                     168.95

                                                                                                                  PRC-Wide Entity                                                                                  179.97



                                                    Non-Selected Separate Rate                               Suspension of Liquidation                                necessary.13 With respect to Taihe,
                                                       In calculating rates for non-                                                                                  because its countervailing duty rate in
                                                                                                               In accordance with section 733(d)(2)
                                                    individually investigated respondents in                                                                          the companion investigation included
                                                                                                             of the Act, the Department will direct
                                                    the context of non-market economy                                                                                 an amount for export subsidies, an offset
                                                                                                             U.S. Customs and Border Protection
                                                    cases, the Department looks to section                                                                            of 0.28 percent will be made to its cash
                                                                                                             (CBP) to suspend liquidation of all
                                                    735(c)(5)(A)–(B) of the Act, which                                                                                deposit rate.14 With respect to the
                                                                                                             entries of HEDP from the PRC, as
                                                    provides instructions for calculating the                                                                         separate-rate companies, we find that an
                                                                                                             described in the ‘‘Scope of the
                                                    all-others rate in an investigation.                                                                              export subsidy adjustment of 0.14
                                                                                                             Investigation’’ section, entered, or
                                                    Section 735(c)(5)(A) of the Act provides                                                                          percent to the cash deposit rate is
                                                                                                             withdrawn from warehouse, for
                                                    that the estimated all-others rate shall be                                                                       warranted because this is the export
                                                                                                             consumption on or after the date of
                                                    equivalent to the weighted average of                                                                             subsidy rate included in the
                                                                                                             publication of this notice in the Federal
                                                    the estimated weighted-average                                                                                    countervailing duty ‘‘all others’’ rate to
                                                                                                             Register.
                                                    dumping margins calculated for                                                                                    which the separate-rate companies are
                                                                                                               Pursuant to section 733(d)(1)(B) of the                subject. For the PRC-wide entity, which
                                                    exporters and producers individually
                                                                                                             Act and 19 CFR 351.205(d), the                           received an adverse facts available rate
                                                    investigated, excluding any margins that
                                                                                                             Department will instruct CBP to require                  in this preliminary determination, as an
                                                    are zero, de minimis, or based entirely
                                                                                                             a cash deposit 11 equal to the weighted-                 extension of the adverse inference found
                                                    on facts available. Section 735(c)(5)(B)
                                                                                                             average amount by which NV exceeds                       necessary pursuant to section 776(b) of
                                                    of the Act provides that where all
                                                                                                             U.S. price as follows: (1) The cash                      the Act, the Department has not
                                                    individually investigated exporters or
                                                    producers receive rates that are zero, de                deposit rate for the exporter/producer                   adjusted the PRC-wide entity’s AD cash
                                                    minimis, or based entirely on facts                      combination listed in the table above                    deposit rate by the lowest export
                                                    available, then the Department may use                   will be the rate identified for that                     subsidy rate determined for any party in
                                                    ‘‘any reasonable method’’ to establish                   combination in the table; (2) for all                    the companion CVD proceeding,
                                                    the all-others rate for those companies                  combinations of PRC exporters/                           because the lowest export subsidy rate
                                                    not individually investigated.                           producers of merchandise under                           determined in the companion CVD
                                                       Apart from the mandatory                              consideration that have not received                     proceeding is 0.00 percent.15,16
                                                    respondents in this investigation, two                   their own separate rate above, the cash-
                                                                                                             deposit rate will be the cash deposit rate                  Pursuant to section 777A(f) of the Act,
                                                    other PRC exporters of the subject                                                                                we normally adjust preliminary cash
                                                    merchandise during the POI established                   established for the PRC-wide entity; and
                                                                                                             (3) for all non-PRC exporters of the                     deposit rates for estimated domestic
                                                    entitlement to a separate rate.9 Thus,                                                                            subsidy pass-through, where
                                                    separate rates are being assigned in this                merchandise under consideration which
                                                                                                             have not received their own separate                     appropriate. However, in this case there
                                                    segment to Jianghai and Qingshuiyuan.                                                                             is no basis to grant a domestic subsidy
                                                    There currently exist no individually                    rate above, the cash-deposit rate will be
                                                                                                             the cash deposit rate applicable to the                  pass-through adjustment.17
                                                    investigated respondents that have
                                                    failed to cooperate in this investigation,               PRC exporter/producer combination                        Disclosure and Public Comment
                                                    and there are no zero or de minimis                      that supplied that non-PRC exporter.
                                                    margins. Therefore, we are preliminarily                 These suspension of liquidation                            We intend to disclose the calculations
                                                    determining the separate rate for non-                   instructions will remain in effect until                 performed to interested parties in this
                                                    selected companies (Jianghai and                         further notice.                                          proceeding within five days of the date
                                                    Qingshuiyuan) based on a weighted-                         We normally adjust antidumping duty                    of announcement of this preliminary
                                                    average of the calculated rates                          cash deposit rates by the amount of                      determination in accordance with 19
                                                    determined for the mandatory                             export subsidies, where appropriate. In                  CFR 351.224(b). Interested parties may
                                                    respondents,10 in accordance with                        the companion CVD investigation, we                      submit case briefs, rebuttal briefs, and
                                                    section 735(c)(5)(A) of the Act.                         preliminarily found that the WW Group                    hearing requests.18 For a schedule of the
                                                                                                             did not receive export subsidies.12                      deadlines for filing case briefs, rebuttal
                                                      9 See Preliminary Decision Memo.                       Therefore, no offset to the WW Group’s                   briefs, and hearing requests, see the
                                                      10 We  have calculated (A) a weighted-average of       cash deposit rate for export subsidies is
                                                    the dumping margins calculated for the mandatory                                                                    13 Id.
                                                    respondents; (B) a simple average of the dumping                                                                    14 Id.
                                                                                                               11 See  Modification of Regulations Regarding the
                                                    margins calculated for the mandatory respondents;                                                                    15 See, e.g., Certain Passenger Vehicle and Light
                                                    and (C) a weighted-average of the dumping margins        Practice of Accepting Bonds During the Provisional
                                                                                                             Measures Period in Antidumping and                       Truck Tires From the People’s Republic of China:
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    calculated for the mandatory respondents using
                                                    each company’s publicly-ranged values for the            Countervailing Duty Investigations, 76 FR 61042          Preliminary Determination of Sales at Less Than
                                                    merchandise under consideration. We would                (October 3, 2011).                                       Fair Value; Preliminary Affirmative Determination
                                                    compare (B) and (C) to (A) and select the rate closest      12 See Countervailing Duty Investigation of 1-        of Critical Circumstances; In Part and
                                                    to (A) as the most appropriate rate for all other        Hydroxyethylidene-1, 1-Diphosphonic Acid from            Postponement of Final Determination, 80 FR 4250
                                                    companies. See Ball Bearings and Parts Thereof           the People’s Republic of China: Preliminary              (January 27, 2015), and accompanying Issues and
                                                    from France, Germany, Italy, Japan, and the United       Affirmative Determination and Alignment of Final         Decision Memorandum at 35.
                                                                                                                                                                         16 See HEDP CVD Prelim at 81 FR 62085.
                                                    Kingdom: Final Results of Antidumping Duty               Determination with Final Antidumping Duty
                                                                                                                                                                         17 See Preliminary Decision Memorandum at 28–
                                                    Administrative Reviews, Final Results of Changed-        Determination, 81 FR 62084 (September 8, 2016)
                                                    Circumstances Review, and Revocation of an Order         (‘‘HEDP CVD Prelim’’), and accompanying                  29.
                                                    in Part, 75 FR 53661, 53663 (September 1, 2010).         Preliminary Decision Memorandum at 13–19.                   18 See 19 CFR 351.309(c)–(d), 19 CFR 351.310(c).




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                                                    76918                        Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Notices

                                                    Preliminary Decision Memorandum at                      preliminary determination, pursuant to                 DEPARTMENT OF COMMERCE
                                                    Section IX.                                             section 735(a)(2) of the Act.21
                                                                                                              This determination is issued and                     International Trade Administration
                                                    International Trade Commission                          published in accordance with sections
                                                    (‘‘ITC’’) Notification                                  733(f) and 777(i)(1) of the Act and 19                 Meeting of the United States Travel
                                                                                                            CFR 351.205(c).                                        and Tourism Advisory Board
                                                       In accordance with section 733(f) of
                                                    the Act, we will notify the ITC of our                    Dated: October 27, 2016.                             AGENCY: International Trade
                                                    affirmative preliminary determination of                Paul Piquado,                                          Administration, U.S. Department of
                                                    sales at LTFV. If our final determination               Assistant Secretary for Enforcement and                Commerce.
                                                    is affirmative, the ITC will determine                  Compliance.                                            ACTION: Notice of an Open Meeting.
                                                    before the later of 120 days after the date             Appendix I
                                                    of this preliminary determination or 45                                                                        SUMMARY:    The United States Travel and
                                                    days after our final determination                      Scope of the Investigation                             Tourism Advisory Board (Board) will
                                                    whether these imports are materially                       The merchandise covered by this                     hold an open meeting on Friday,
                                                    injuring, or threaten material injury to,               investigation includes all grades of aqueous           November 18, 2016. The Board was re-
                                                    the U.S. industry.19                                    acidic (non-neutralized) concentrations of 1-          chartered in August 2015 and advises
                                                                                                            hydroxyethylidene-1, 1-diphosphonic acid               the Secretary of Commerce on matters
                                                    Postponement of Final Determination                     (HEDP), also referred to as                            relating to the U.S. travel and tourism
                                                    and Extension of Provisional Measures                   hydroxyethylidenendiphosphonic acid,                   industry. The purpose of the meeting is
                                                                                                            hydroxyethanediphosphonic acid,                        for Board members to discuss and
                                                       Section 735(a)(2) of the Act provides                acetodiphosphonic acid, and etidronic acid.
                                                                                                            The CAS (Chemical Abstract Service) registry
                                                                                                                                                                   prioritize longer-term travel and tourism
                                                    that a final determination may be
                                                                                                            number for HEDP is 2809–21–4.                          issues and considerations regarding
                                                    postponed until not later than 135 days                                                                        recommendations from the Board. The
                                                    after the date of the publication of the                   The merchandise subject to this
                                                                                                            investigation is currently classified in the           final agenda will be posted on the
                                                    preliminary determination if, in the                    Harmonized Tariff Schedule of the United               Department of Commerce Web site for
                                                    event of an affirmative preliminary                     States (HTSUS) at subheading 2931.90.9043.             the Board at http://trade.gov/ttab, at
                                                    determination, a request for such                       It may also enter under HTSUS subheadings              least one week in advance of the
                                                    postponement is made by exporters who                   2811.19.6090 and 2931.90.9041. While                   meeting.
                                                    account for a significant proportion of                 HTSUS subheadings and the CAS registry
                                                    exports of the subject merchandise, or in               number are provided for convenience and                DATES:  Friday, November 18, 2016. The
                                                    the event of a negative preliminary                     customs purposes only, the written                     deadline for members of the public to
                                                    determination, a request for such                       description of the scope of this investigation         register, including requests to make
                                                                                                            is dispositive.                                        comments during the meeting and for
                                                    postponement is made by Petitioners. 19
                                                    CFR 351.210(e)(2) requires that requests                Appendix II                                            auxiliary aids, or to submit written
                                                    by respondents for postponement of a                                                                           comments for dissemination prior to the
                                                                                                            List of Topics Discussed in the Preliminary
                                                    final antidumping determination be                                                                             meeting, is 5 p.m. EDT on November 11,
                                                                                                            Decision Memorandum
                                                    accompanied by a request for extension                                                                         2016.
                                                                                                            I. Summary
                                                    of provisional measures from a four-                    II. Background                                         ADDRESSES: The meeting will be held at
                                                    month period to a period not more than                  III. Period of Investigation                           Dulles International Airport, 1 Saarinen
                                                    six months in duration.                                 IV. Postponement of Final Determination and            Cir, Dulles, VA 20166.
                                                       On October 19 and 20, 2016, pursuant                       Extension of Provisional Measures                   Requests to register (including to
                                                    to 19 CFR 351.210(b) and (e), the WW                    V. Scope Comments                                      speak or for auxiliary aids) and any
                                                                                                            VI. Selection of Respondents                           written comments should be submitted
                                                    Group and Taihe, respectively,                          VII. Scope of the Investigation
                                                    requested that, contingent upon an                                                                             to: U.S. Travel and Tourism Advisory
                                                                                                            VIII. Discussion of the Methodology
                                                    affirmative preliminary determination of                                                                       Board, U.S. Department of Commerce,
                                                                                                               a. Non-Market Economy Country
                                                    sales at LTFV, the Department postpone                     b. Surrogate Country and Surrogate Values           Room 4043, 1401 Constitution Avenue
                                                    the final determination and that                              Comments                                         NW., Washington, DC 20230, OACIO@
                                                    provisional measures be extended to a                      c. Separate Rates                                   trade.gov. Members of the public are
                                                    period not to exceed six months.20                         d. Combination Rates                                encouraged to submit registration
                                                                                                               e. Collapsing and Affiliation                       requests and written comments via
                                                       In accordance with section                              f. The PRC-Wide Entity                              email to ensure timely receipt.
                                                    735(a)(2)(A) of the Act and 19 CFR                         g. Application of Facts Available and
                                                                                                                                                                   FOR FURTHER INFORMATION CONTACT: Li
                                                    351.210(b)(2)(ii), because (1) our                            Adverse Inferences
                                                    preliminary determination is                               h. Date of Sale                                     Zhou, the United States Travel and
                                                    affirmative; (2) the requesting exporters                  i. Comparisons to Fair Value                        Tourism Advisory Board, Room 4043,
                                                    account for a significant proportion of                    j. Normal Value                                     1401 Constitution Avenue NW.,
                                                    exports of the subject merchandise; and
                                                                                                               k. Factor Valuation Methodology                     Washington, DC 20230, telephone: 202–
                                                                                                               l. Determination of the Comparison                  482–4501, email: OACIO@trade.gov.
                                                    (3) no compelling reasons for denial                          Method
                                                    exist, we are postponing the final                                                                             SUPPLEMENTARY INFORMATION:
                                                                                                            IX. Currency Conversion
                                                    determination and extending the                         X. Export Subsidy Adjustment                             Background: The Board advises the
                                                                                                                                                                   Secretary of Commerce on matters
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    provisional measures from a four-month                  XI. Adjustment Under Section 777A(f) of the
                                                    period to a period not greater than six                       Act                                              relating to the U.S. travel and tourism
                                                    months. Accordingly, we will make our                   XII. Disclosure and Public Comment                     industry.
                                                    final determination no later than 135                   XIII. Verification                                       Public Participation: The meeting will
                                                                                                            XIV. Recommendation                                    be open to the public and will be
                                                    days after the date of publication of this
                                                                                                            [FR Doc. 2016–26755 Filed 11–3–16; 8:45 am]            accessible to people with disabilities.
                                                      19 See section 735(b)(2) of the Act.                  BILLING CODE 3510–DS–P                                 All guests are required to register in
                                                      20 See the WW Group’s Letter (October 19, 2016);                                                             advance by the deadline identified
                                                    Taihe’s Letter (October 20, 2016).                        21 See   also 19 CFR 351.210(e).                     under the DATES caption. Requests for


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Document Created: 2018-02-14 08:26:14
Document Modified: 2018-02-14 08:26:14
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
DatesEffective November 4, 2016.
ContactOmar Qureshi or Kenneth Hawkins, AD/ CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-5307 or (202) 482-6491, respectively.
FR Citation81 FR 76916 

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