82_FR_22902 82 FR 22807 - 1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's Republic of China: Amended Final Determination of Sales at Less Than Fair Value, and Antidumping Duty Order

82 FR 22807 - 1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's Republic of China: Amended Final Determination of Sales at Less Than Fair Value, and Antidumping Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 95 (May 18, 2017)

Page Range22807-22809
FR Document2017-10078

Based on affirmative final determinations by the Department of Commerce (Department) and the International Trade Commission (ITC), the Department is issuing an antidumping duty order on 1-Hydroxyethylidene- 1, 1-Diphosphonic Acid (HEDP) from the People's Republic of China (PRC). We are also amending our Final Determination to correct ministerial errors with respect to Nanjing University of Chemical Technology Changzhou Wujin Water Quality Stabilizer Factory and Nantong Uniphos Chemicals Co., Ltd. (collectively, WW Group).

Federal Register, Volume 82 Issue 95 (Thursday, May 18, 2017)
[Federal Register Volume 82, Number 95 (Thursday, May 18, 2017)]
[Notices]
[Pages 22807-22809]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10078]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-045]


1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's 
Republic of China: Amended Final Determination of Sales at Less Than 
Fair Value, and Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Department) and the International Trade Commission (ITC), the 
Department is issuing an antidumping duty order on 1-Hydroxyethylidene-
1, 1-Diphosphonic Acid (HEDP) from the People's Republic of China 
(PRC). We are also amending our Final Determination to correct 
ministerial errors with respect to Nanjing University of Chemical 
Technology Changzhou Wujin Water Quality Stabilizer Factory and Nantong 
Uniphos Chemicals Co., Ltd. (collectively, WW Group).

DATES: Effective May 18, 2017.

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:

Period of Investigation

    The period of investigation (POI) is July 1, 2015, through December 
30, 2015.\1\
---------------------------------------------------------------------------

    \1\ See 19 CFR 351.204(b)(1).
---------------------------------------------------------------------------

Background

    On March 23, 2017, the Department published in the Federal Register 
the Final Determination that HEDP from the PRC is being, or is likely 
to be, sold in the United States at LTFV, as provided in section 735 of 
the Tariff Act of 1930, as amended (Act).\2\ From March 23, 2017, to 
March 24, 2017, WW Group, Henan Qingshuiyuan Technology Co., Ltd. 
(Qingshuiyuan), and Compass Chemical International LLC (the petitioner) 
respectively submitted ministerial allegations concerning the

[[Page 22808]]

Final Determination.\3\ On May 8, 2017, the ITC notified the Department 
of its affirmative determination that an industry in the United States 
is materially injured within the meaning of section 705(b)(1)(A)(i) of 
the Act, by reason of subsidized imports of subject merchandise from 
the PRC.\4\ On May 12, 2017, the ITC published its final determination 
in the Federal Register.\5\
---------------------------------------------------------------------------

    \2\ See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the 
People's Republic of China: Final Determination of Sales at Less 
Than Fair Value, 82 FR 14876 (March 23, 2017) (Final Determination).
    \3\ See Letter from WW Group to the Department, regarding ``1-
Hydroxyethylidene-1, 1-Diphosphonic Acid (``HEDP'') from the 
People's Republic of China, A-570-045; Request for Correction of 
Ministerial Error Pursuant to 19 CFR 351.224(f)'' (March 23, 2017) 
(WW Group's Ministerial Allegations); see also, Letter from QY to 
the Department, regarding ``Request for Correction of Ministerial 
Error Pursuant to 19 CFR 351.224(f)'' (March 24, 2017) (QY's 
Ministerial Allegations); see also Letter from Petitioner to the 
Department, regarding ``1-Hydroxyethylidene-1, 1-Diphosphonic Acid 
from the People's Republic of China'' (March 24, 2017) (Petitioner's 
Ministerial Allegation).
    \4\ See Letter to Ronald Lorentzen, Acting Assistant Secretary 
of Commerce for Enforcement and Compliance, from Rhonda K. 
Schmidtlein, Chairman of the U.S. International Trade Commission, 
regarding HEDP from the PRC, (May 8, 2017) (ITC Letter).
    \5\ See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid (``HEDP'') 
from China; Determinations, 82 FR 22017 (May 11, 2017) (ITC Final).
---------------------------------------------------------------------------

Scope of the Order

    For a complete description of the scope of the order, see Appendix.

Amendment to Final Determination

    After considering parties' comments and reviewing the record, 
pursuant to section 735(e) of the Act and 19 CFR 351.224(e) and (f), 
the Department is amending the Final Determination to reflect the 
correction of ministerial errors it made in calculating the final 
margin assigned to the WW Group.\6\ In addition, because the rates for 
Qingshuiyuan, Jianghai Environmental Protection Co., Ltd., and the PRC-
Wide Entity are based on the margins for WW Group and/or Shandong Taihe 
Chemicals Co., Ltd. (Taihe), we are also revising these rates.\7\
---------------------------------------------------------------------------

    \6\ For a detailed discussion of the ministerial error 
allegations, see Memorandum to James Maeder, Senior Director, 
Antidumping and Countervailing Duty Operations, through James C. 
Doyle, Director, Office V, Enforcement and Compliance, Subject: 
Antidumping Duty Investigation of 1-Hydroxyethylidene-1, 1-
Diphosphonic Acid People's Republic of China: Ministerial Error 
Memorandum, dated concurrently with this notice (Amended Final 
Memorandum).
    \7\ Id.
---------------------------------------------------------------------------

    As a result of this amended final determination, we have revised 
the estimated weighted-average dumping margins and the export subsidy 
adjustments applied to the final weighted-average dumping margins as 
follows:

------------------------------------------------------------------------
                                                   Weighted-
                                                    average      Cash
           Producer                 Exporter        dumping     deposit
                                                    margin       rate
                                                   (percent)   (percent)
------------------------------------------------------------------------
Nanjing University of Chemical  Nanjing                63.80       63.80
 Technology Changzhou Wujin      University of
 Water Quality Stabilizer        Chemical
 Factory.                        Technology
                                 Changzhou Wujin
                                 Water Quality
                                 Stabilizer
                                 Factory and
                                 Nantong Uniphos
                                 Chemicals Co.,
                                 Ltd.
Shandong Taihe Water Treatment  Shandong Taihe        167.58      167.28
 Technologies Co., Ltd.          Chemicals Co.,
                                 Ltd.
Henan Qingshuiyuan Technology   Henan                  90.64       90.34
 Co., Ltd.                       Qingshuiyuan
                                 Technology Co.,
                                 Ltd.
Jianghai Environmental          Jianghai               90.64       90.34
 Protection Co., Ltd.            Environmental
                                 Protection Co.,
                                 Ltd.
------------------------------------------------------------------------
                 PRC-Wide Entity                      167.58      167.58
------------------------------------------------------------------------

Antidumping Duty Order

    In accordance with section 735(d) of the Act, the ITC has notified 
the Department of its final determination in this investigation, in 
which it found that an industry in the United States is materially 
injured within the meaning of section 735(b)(1)(A)(i) of the Act. 
Therefore, in accordance with section 735(c)(2) of the Act, we are 
publishing this antidumping duty order. Because the ITC determined that 
imports of HEDP from the PRC are materially injuring a U.S. industry, 
unliquidated entries of such merchandise from the PRC entered or 
withdrawn from warehouse for consumption, are subject to the assessment 
of antidumping duties. In accordance with section 736(a)(1) of the Act, 
the Department will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by the Department, antidumping duties 
equal to the amount by which the normal value of the merchandise 
exceeds the export price (or constructed export price) of the 
merchandise, for all relevant entries of HEDP from the PRC. Antidumping 
duties will be assessed on unliquidated entries of HEDP from the PRC 
entered, or withdrawn from warehouse, for consumption on or after 
November 4, 2016, the date of publication of the Preliminary 
Determination.\8\
---------------------------------------------------------------------------

    \8\ See 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 (November 4, 2016) (Preliminary 
Determination) and accompanying Preliminary Decision Memorandum.
---------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation on all relevant entries of HEDP from the PRC. These 
instructions suspending liquidation will remain in effect until further 
notice.
    Pursuant to section 735(c)(1)(B)(ii) of the Act, the Department 
will instruct CBP to require a cash deposit \9\ equal to the weighted-
average amount by which normal value (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.
---------------------------------------------------------------------------

    \9\ 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 
countervailing duty (CVD) investigation, we have found that the WW 
Group did not receive export

[[Page 22809]]

subsidies.\10\ Therefore, no offset to the WW Group's cash deposit rate 
for export subsidies is necessary.\11\ With respect to Taihe, because 
its CVD rate in the companion investigation included an amount for 
export subsidies, an offset of 0.30 percent will be made to its cash 
deposit rate.\12\ With respect to the separate-rate companies, we find 
that an export subsidy adjustment of 0.30 percent to the cash deposit 
rate is warranted because this is the export subsidy rate included in 
the CVD ``all-others'' rate to which the separate-rate companies are 
subject. For the PRC-wide entity, which continues to receive an adverse 
facts available (AFA) rate in this amended final 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.13 14
---------------------------------------------------------------------------

    \10\ See Countervailing Duty Investigation of 1-
Hydroxyethylidene-1, 1-Diphosphonic Acid from the People's Republic 
of China: Final Affirmative Determination, 82 FR 14872 (March 23, 
2017).
    \11\ Id.
    \12\ Id.
    \13\ 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.
    \14\ 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).
---------------------------------------------------------------------------

    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.\15\
---------------------------------------------------------------------------

    \15\ See Preliminary Decision Memorandum at 28-29.
---------------------------------------------------------------------------

Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months.
    At the request of the exporters that account for a significant 
portion of HEDP from the PRC, we extended the four-month period to six 
months in this case.\16\ In the underlying investigation, the 
Department published the Preliminary Determination on November 4, 2016. 
Therefore, the extended period beginning on the date of publication of 
the Preliminary Determination, ended May 2, 2017. Furthermore, section 
737(b) of the Act states that definitive duties are to begin on the 
date of publication of the ITC's final injury determination, i.e., May 
11, 2017.\17\
---------------------------------------------------------------------------

    \16\ See Preliminary Determination.
    \17\ See ITC Final.
---------------------------------------------------------------------------

    Therefore, in accordance with section 733(d) of the Act and our 
practice, we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of HEDP from the PRC entered, or withdrawn from 
warehouse, for consumption on or after May 2, 2017, the date on which 
the provisional measures expired, until and through the day preceding 
the date of publication of the ITC's final injury determinations, i.e., 
May 10, 2017, in the Federal Register. Suspension of liquidation will 
resume on May 11, 2017, the date of publication of the ITC Final.

Notification to Interested Parties

    This notice constitutes the antidumping duty order with respect to 
HEDP from the PRC pursuant to section 736(a) of the Act. Interested 
parties can find a list of antidumping duty orders currently in effect 
at http://enforcement.trade.gov/stats/iastats1.html.
    This order and amended final determination are published in 
accordance with sections 735(e), 736(a) and 777(i) of the Act, and 19 
CFR 351.211 and 351.224(e).

    Dated: May 12, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

    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 Chemical Abstract 
Service (CAS) 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. 2017-10078 Filed 5-17-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                 Federal Register / Vol. 82, No. 95 / Thursday, May 18, 2017 / Notices                                                    22807

                                                  antidumping duties on all appropriate                    recently completed segment of this                    DEPARTMENT OF COMMERCE
                                                  entries in accordance with 19 CFR                        proceeding in which that manufacturer
                                                  351.212(b)(1). We intend to issue                        or exporter participated; (3) if the                  International Trade Administration
                                                  instructions to CBP 15 days after the                    exporter is not a firm covered in this
                                                  date of publication of the final results of              review, a prior review, or the original               [A–570–045]
                                                  this review.                                             less-than-fair-value (LTFV)
                                                     If the weighted-average dumping                                                                             1-Hydroxyethylidene-1, 1-
                                                                                                           investigation, but the manufacturer is,               Diphosphonic Acid From the People’s
                                                  margin for Shin Yang is not zero or de                   then the cash deposit rate will be the
                                                  minimis in the final results, then the                                                                         Republic of China: Amended Final
                                                                                                           rate established for the most recently                Determination of Sales at Less Than
                                                  Department will calculate importer-
                                                                                                           completed segment of this proceeding                  Fair Value, and Antidumping Duty
                                                  specific assessment rates. Because Shin
                                                  Yang did not report the entered value of                 for the manufacturer of subject                       Order
                                                  its sales, we will calculate importer-                   merchandise; and (4) the cash deposit
                                                                                                           rate for all other manufacturers or                   AGENCY:   Enforcement and Compliance,
                                                  specific per-unit duty assessment rates                                                                        International Trade Administration,
                                                  by aggregating the total amount of                       exporters will continue to be 9.70
                                                                                                           percent, the all-others rate in the LTFV              Department of Commerce.
                                                  dumping calculated for the examined                                                                            SUMMARY: Based on affirmative final
                                                  sales of each importer and dividing each                 investigation.12 These cash deposit
                                                                                                           requirements, when imposed, shall                     determinations by the Department of
                                                  of these amounts by the total quantity                                                                         Commerce (Department) and the
                                                  (i.e., weight) associated with those sales.              remain in effect until further notice.
                                                                                                                                                                 International Trade Commission (ITC),
                                                  To determine whether the importer-
                                                                                                           Notifications                                         the Department is issuing an
                                                  specific per-unit assessment rates are de
                                                                                                                                                                 antidumping duty order on 1-
                                                  minimis, in accordance with the                            This notice also serves as a                        Hydroxyethylidene-1, 1-Diphosphonic
                                                  requirement set forth in 19 CFR                          preliminary reminder to importers of                  Acid (HEDP) from the People’s Republic
                                                  351.106(c)(2), we will calculate                         their responsibility under 19 CFR                     of China (PRC). We are also amending
                                                  importer-specific ad valorem rates based                 351.402(f)(2) to file a certificate                   our Final Determination to correct
                                                  on estimated entered values. Pursuant to                 regarding the reimbursement of                        ministerial errors with respect to
                                                  19 CFR 351.106(c)(2), we will instruct
                                                                                                           antidumping duties prior to liquidation               Nanjing University of Chemical
                                                  CBP to liquidate without regard to
                                                                                                           of the relevant entries during this                   Technology Changzhou Wujin Water
                                                  antidumping duties all entries for which
                                                                                                           review period. Failure to comply with                 Quality Stabilizer Factory and Nantong
                                                  the importer-specific ad valorem rate is
                                                                                                           this requirement could result in the                  Uniphos Chemicals Co., Ltd.
                                                  zero or de minimis.
                                                                                                           Secretary’s presumption that                          (collectively, WW Group).
                                                     With respect to Yieh Hsing, if we
                                                  continue to find that Yieh Hsing had no                  reimbursement of antidumping duties                   DATES: Effective May 18, 2017.
                                                  shipments of subject merchandise in the                  occurred and the subsequent assessment                FOR FURTHER INFORMATION CONTACT:
                                                  final results, we will instruct CBP to                   of double antidumping duties.                         Omar Qureshi or Kenneth Hawkins, AD/
                                                  liquidate any existing entries of                          We are issuing and publishing these                 CVD Operations, Office V, Enforcement
                                                  merchandise produced by Yieh Hsing,                      results in accordance with sections                   and Compliance, International Trade
                                                  but exported by other parties, at the rate               751(a)(1) and 777(i)(1) of the Act.                   Administration, U.S. Department of
                                                  for the intermediate reseller, if available,                                                                   Commerce, 1401 Constitution Avenue
                                                                                                             Dated: May 10, 2017.                                NW., Washington, DC 20230; telephone:
                                                  or at the all-others rate.11
                                                                                                           Ronald K. Lorentzen,                                  (202) 482–5307 or (202) 482–6491,
                                                  Cash Deposit Requirements
                                                                                                           Acting Assistant Secretary for Enforcement            respectively.
                                                     The following cash deposit                            and Compliance.
                                                                                                                                                                 SUPPLEMENTARY INFORMATION:
                                                  requirements will be effective for all
                                                  shipments of the subject merchandise                     Appendix                                              Period of Investigation
                                                  entered, or withdrawn from warehouse,                    List of Topics Discussed in the Preliminary             The period of investigation (POI) is
                                                  for consumption on or after the                          Decision Memorandum                                   July 1, 2015, through December 30,
                                                  publication date of the final results of                   1. Summary                                          2015.1
                                                  this administrative review, as provided                    2. Background
                                                  by section 751(a)(2)(C) of the Act: (1)                    3. Scope of the Order                               Background
                                                  The cash deposit rate for Shin Yang will                   4. Preliminary Determination of No                    On March 23, 2017, the Department
                                                  be equal to the weighted-average                              Shipments                                        published in the Federal Register the
                                                  dumping margin established in the final                    5. Comparisons to Normal Value                      Final Determination that HEDP from the
                                                  results of this review, except if the rate                 6. Product Comparisons                              PRC is being, or is likely to be, sold in
                                                  is zero or de minimis within the                           7. Date of Sale                                     the United States at LTFV, as provided
                                                  meaning of 19 CFR 351.106(c)(1), in                        8. Export Price                                     in section 735 of the Tariff Act of 1930,
                                                  which case the cash deposit rate will be                   9. Normal Value                                     as amended (Act).2 From March 23,
                                                  zero; (2) for other manufacturers and                      10. Currency Conversion                             2017, to March 24, 2017, WW Group,
                                                  exporters covered in a prior segment of                    11. Recommendation                                  Henan Qingshuiyuan Technology Co.,
                                                  the proceeding, the cash deposit rate                    [FR Doc. 2017–10058 Filed 5–17–17; 8:45 am]           Ltd. (Qingshuiyuan), and Compass
                                                  will continue to be the company-                                                                               Chemical International LLC (the
                                                                                                           BILLING CODE 3510–DS–P
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  specific rate published for the most                                                                           petitioner) respectively submitted
                                                     11 See, e.g., Magnesium Metal from the Russian
                                                                                                                                                                 ministerial allegations concerning the
                                                  Federation: Preliminary Results of Antidumping
                                                                                                                                                                   1 See 19 CFR 351.204(b)(1).
                                                  Duty Administrative Review, 75 FR 26922, 26923
                                                  (May 13, 2010), unchanged in Magnesium Metal                                                                     2 See 1-Hydroxyethylidene-1, 1-Diphosphonic
                                                                                                             12 SeeCertain Circular Welded Carbon Steel Pipes
                                                  from the Russian Federation: Final Results of                                                                  Acid from the People’s Republic of China: Final
                                                  Antidumping Duty Administrative Review, 75 FR            and Tubes from Taiwan: Antidumping Duty Order,        Determination of Sales at Less Than Fair Value, 82
                                                  56989 (September 17, 2010).                              49 FR 19369 (May 7, 1984).                            FR 14876 (March 23, 2017) (Final Determination).



                                             VerDate Sep<11>2014   13:43 May 17, 2017   Jkt 241001    PO 00000   Frm 00006   Fmt 4703   Sfmt 4703   E:\FR\FM\18MYN1.SGM    18MYN1


                                                  22808                          Federal Register / Vol. 82, No. 95 / Thursday, May 18, 2017 / Notices

                                                  Final Determination.3 On May 8, 2017,                   Amendment to Final Determination                          Group and/or Shandong Taihe
                                                  the ITC notified the Department of its                                                                            Chemicals Co., Ltd. (Taihe), we are also
                                                  affirmative determination that an                         After considering parties’ comments                     revising these rates.7
                                                  industry in the United States is                        and reviewing the record, pursuant to
                                                                                                          section 735(e) of the Act and 19 CFR                        As a result of this amended final
                                                  materially injured within the meaning
                                                                                                          351.224(e) and (f), the Department is                     determination, we have revised the
                                                  of section 705(b)(1)(A)(i) of the Act, by
                                                                                                          amending the Final Determination to                       estimated weighted-average dumping
                                                  reason of subsidized imports of subject
                                                  merchandise from the PRC.4 On May 12,                   reflect the correction of ministerial                     margins and the export subsidy
                                                  2017, the ITC published its final                       errors it made in calculating the final                   adjustments applied to the final
                                                  determination in the Federal Register.5                 margin assigned to the WW Group.6 In                      weighted-average dumping margins as
                                                                                                          addition, because the rates for                           follows:
                                                  Scope of the Order                                      Qingshuiyuan, Jianghai Environmental
                                                    For a complete description of the                     Protection Co., Ltd., and the PRC-Wide
                                                  scope of the order, see Appendix.                       Entity are based on the margins for WW

                                                                                                                                                                                             Weighted-        Cash
                                                                                                                                                                                              average        deposit
                                                                             Producer                                                               Exporter                                 dumping          rate
                                                                                                                                                                                               margin       (percent)
                                                                                                                                                                                             (percent)

                                                  Nanjing University of Chemical Technology Changzhou                  Nanjing University of Chemical Technology Changzhou                        63.80         63.80
                                                    Wujin Water Quality Stabilizer Factory.                               Wujin Water Quality Stabilizer Factory and Nantong
                                                                                                                          Uniphos Chemicals Co., Ltd.
                                                  Shandong Taihe Water Treatment Technologies Co., Ltd                 Shandong Taihe Chemicals Co., Ltd .................................      167.58         167.28
                                                  Henan Qingshuiyuan Technology Co., Ltd ........................      Henan Qingshuiyuan Technology Co., Ltd ........................           90.64          90.34
                                                  Jianghai Environmental Protection Co., Ltd .......................   Jianghai Environmental Protection Co., Ltd .......................        90.64          90.34

                                                                                                           PRC-Wide Entity                                                                      167.58         167.58



                                                  Antidumping Duty Order                                  merchandise exceeds the export price                      follows: (1) The cash deposit rate for the
                                                    In accordance with section 735(d) of                  (or constructed export price) of the                      exporter/producer combination listed in
                                                  the Act, the ITC has notified the                       merchandise, for all relevant entries of                  the table above will be the rate
                                                  Department of its final determination in                HEDP from the PRC. Antidumping                            identified for that combination in the
                                                  this investigation, in which it found that              duties will be assessed on unliquidated                   table; (2) for all combinations of PRC
                                                  an industry in the United States is                     entries of HEDP from the PRC entered,                     exporters/producers of merchandise
                                                  materially injured within the meaning                   or withdrawn from warehouse, for                          under consideration that have not
                                                  of section 735(b)(1)(A)(i) of the Act.                  consumption on or after November 4,                       received their own separate rate above,
                                                  Therefore, in accordance with section                   2016, the date of publication of the                      the cash deposit rate will be the cash
                                                  735(c)(2) of the Act, we are publishing                 Preliminary Determination.8                               deposit rate established for the PRC-
                                                  this antidumping duty order. Because                    Suspension of Liquidation                                 wide entity; and (3) for all non-PRC
                                                  the ITC determined that imports of                                                                                exporters of the merchandise under
                                                  HEDP from the PRC are materially                           In accordance with section                             consideration which have not received
                                                  injuring a U.S. industry, unliquidated                  735(c)(1)(B) of the Act, we will instruct                 their own separate rate above, the cash
                                                  entries of such merchandise from the                    U.S. Customs and Border Protection
                                                                                                                                                                    deposit rate will be the cash deposit rate
                                                  PRC entered or withdrawn from                           (CBP) to continue to suspend
                                                                                                                                                                    applicable to the PRC exporter/producer
                                                  warehouse for consumption, are subject                  liquidation on all relevant entries of
                                                                                                                                                                    combination that supplied that non-PRC
                                                  to the assessment of antidumping                        HEDP from the PRC. These instructions
                                                                                                          suspending liquidation will remain in                     exporter.
                                                  duties. In accordance with section
                                                  736(a)(1) of the Act, the Department will               effect until further notice.                                We normally adjust antidumping duty
                                                  direct U.S. Customs and Border                             Pursuant to section 735(c)(1)(B)(ii) of                cash deposit rates by the amount of
                                                  Protection (CBP) to assess, upon further                the Act, the Department will instruct                     export subsidies, where appropriate. In
                                                  instruction by the Department,                          CBP to require a cash deposit 9 equal to                  the companion countervailing duty
                                                  antidumping duties equal to the amount                  the weighted-average amount by which                      (CVD) investigation, we have found that
                                                  by which the normal value of the                        normal value (NV) exceeds U.S. price as                   the WW Group did not receive export

                                                    3 See Letter from WW Group to the Department,         Compliance, from Rhonda K. Schmidtlein,                   Memorandum, dated concurrently with this notice
                                                  regarding ‘‘1-Hydroxyethylidene-1, 1-Diphosphonic       Chairman of the U.S. International Trade                  (Amended Final Memorandum).
                                                  Acid (‘‘HEDP’’) from the People’s Republic of           Commission, regarding HEDP from the PRC, (May               7 Id.
                                                  China, A–570–045; Request for Correction of             8, 2017) (ITC Letter).                                      8 See 1-Hydroxyethylidene-1, 1-Diphosphonic
                                                  Ministerial Error Pursuant to 19 CFR 351.224(f)’’          5 See 1-Hydroxyethylidene-1, 1-Diphosphonic
                                                                                                                                                                    Acid from the People’s Republic of China:
                                                  (March 23, 2017) (WW Group’s Ministerial
                                                                                                          Acid (‘‘HEDP’’) from China; Determinations, 82 FR         Affirmative Preliminary Determination of Sales at
                                                  Allegations); see also, Letter from QY to the
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  Department, regarding ‘‘Request for Correction of       22017 (May 11, 2017) (ITC Final).                         Less Than Fair Value, and Postponement of Final
                                                  Ministerial Error Pursuant to 19 CFR 351.224(f)’’
                                                                                                             6 For a detailed discussion of the ministerial error   Determination, 81 FR 76916 (November 4, 2016)
                                                  (March 24, 2017) (QY’s Ministerial Allegations); see    allegations, see Memorandum to James Maeder,              (Preliminary Determination) and accompanying
                                                  also Letter from Petitioner to the Department,          Senior Director, Antidumping and Countervailing           Preliminary Decision Memorandum.
                                                  regarding ‘‘1-Hydroxyethylidene-1, 1-Diphosphonic       Duty Operations, through James C. Doyle, Director,          9 See Modification of Regulations Regarding the

                                                  Acid from the People’s Republic of China’’ (March       Office V, Enforcement and Compliance, Subject:            Practice of Accepting Bonds During the Provisional
                                                  24, 2017) (Petitioner’s Ministerial Allegation).        Antidumping Duty Investigation of 1-                      Measures Period in Antidumping and
                                                    4 See Letter to Ronald Lorentzen, Acting Assistant    Hydroxyethylidene-1, 1-Diphosphonic Acid                  Countervailing Duty Investigations, 76 FR 61042
                                                  Secretary of Commerce for Enforcement and               People’s Republic of China: Ministerial Error             (October 3, 2011).



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                                                                                 Federal Register / Vol. 82, No. 95 / Thursday, May 18, 2017 / Notices                                                     22809

                                                  subsidies.10 Therefore, no offset to the                four-month period to six months in this               HTSUS subheadings and the CAS registry
                                                  WW Group’s cash deposit rate for export                 case.16 In the underlying investigation,              number are provided for convenience and
                                                  subsidies is necessary.11 With respect to               the Department published the                          customs purposes only, the written
                                                  Taihe, because its CVD rate in the                                                                            description of the scope of this investigation
                                                                                                          Preliminary Determination on
                                                                                                                                                                is dispositive.
                                                  companion investigation included an                     November 4, 2016. Therefore, the
                                                  amount for export subsidies, an offset of               extended period beginning on the date                 [FR Doc. 2017–10078 Filed 5–17–17; 8:45 am]
                                                  0.30 percent will be made to its cash                   of publication of the Preliminary                     BILLING CODE 3510–DS–P
                                                  deposit rate.12 With respect to the                     Determination, ended May 2, 2017.
                                                  separate-rate companies, we find that an                Furthermore, section 737(b) of the Act
                                                  export subsidy adjustment of 0.30                       states that definitive duties are to begin            DEPARTMENT OF COMMERCE
                                                  percent to the cash deposit rate is                     on the date of publication of the ITC’s               International Trade Administration
                                                  warranted because this is the export                    final injury determination, i.e., May 11,
                                                  subsidy rate included in the CVD ‘‘all-                 2017.17
                                                  others’’ rate to which the separate-rate                   Therefore, in accordance with section              [C–570–046]
                                                  companies are subject. For the PRC-                     733(d) of the Act and our practice, we
                                                  wide entity, which continues to receive                 will instruct CBP to terminate the                    1-Hydroxyethylidene-1, 1-
                                                  an adverse facts available (AFA) rate in                suspension of liquidation and to                      Diphosphonic Acid From the People’s
                                                  this amended final determination, as an                 liquidate, without regard to                          Republic of China: Countervailing Duty
                                                  extension of the adverse inference found                antidumping duties, unliquidated                      Order
                                                  necessary pursuant to section 776(b) of                 entries of HEDP from the PRC entered,                 AGENCY:  Enforcement and Compliance,
                                                  the Act, the Department has not                         or withdrawn from warehouse, for                      International Trade Administration,
                                                  adjusted the PRC-wide entity’s AD cash                  consumption on or after May 2, 2017,                  Department of Commerce.
                                                  deposit rate by the lowest export                       the date on which the provisional                     SUMMARY: Based on affirmative final
                                                  subsidy rate determined for any party in                measures expired, until and through the               determinations by the Department of
                                                  the companion CVD proceeding,                           day preceding the date of publication of              Commerce (Department) and the
                                                  because the lowest export subsidy rate                  the ITC’s final injury determinations,                International Trade Commission (ITC),
                                                  determined in the companion CVD                         i.e., May 10, 2017, in the Federal                    the Department is issuing the
                                                  proceeding is 0.00 percent.13 14                        Register. Suspension of liquidation will              countervailing duty order on 1-
                                                     Pursuant to section 777A(f) of the Act,              resume on May 11, 2017, the date of                   Hydroxyethylidene-1, 1-Diphosphonic
                                                  we normally adjust preliminary cash                     publication of the ITC Final.                         Acid (HEDP) from the People’s Republic
                                                  deposit rates for estimated domestic
                                                                                                          Notification to Interested Parties                    of China (PRC).
                                                  subsidy pass-through, where
                                                  appropriate. However, in this case there                   This notice constitutes the                        DATES: Effective May 18, 2017.
                                                  is no basis to grant a domestic subsidy                 antidumping duty order with respect to                FOR FURTHER INFORMATION CONTACT:
                                                  pass-through adjustment.15                              HEDP from the PRC pursuant to section                 Javier Barrientos at (202) 482–2243, or
                                                  Provisional Measures                                    736(a) of the Act. Interested parties can             Matthew Renkey at (202) 482–2312, AD/
                                                                                                          find a list of antidumping duty orders                CVD Operations, Office V, Enforcement
                                                     Section 733(d) of the Act states that                currently in effect at http://                        and Compliance, International Trade
                                                  instructions issued pursuant to an                      enforcement.trade.gov/stats/                          Administration, U.S. Department of
                                                  affirmative preliminary determination                   iastats1.html.                                        Commerce, 1401 Constitution Avenue
                                                  may not remain in effect for more than                     This order and amended final                       NW., Washington, DC 20230.
                                                  four months, except where exporters                     determination are published in                        SUPPLEMENTARY INFORMATION:
                                                  representing a significant proportion of                accordance with sections 735(e), 736(a)
                                                  exports of the subject merchandise                      and 777(i) of the Act, and 19 CFR                     Background
                                                  request the Department to extend that                   351.211 and 351.224(e).                                 In accordance with section 705(d) of
                                                  four-month period to no more than six
                                                                                                            Dated: May 12, 2017.                                the Tariff Act of 1930, as amended (Act),
                                                  months.
                                                     At the request of the exporters that                 Ronald K. Lorentzen,                                  on March 23, 2017, the Department
                                                  account for a significant portion of                    Acting Assistant Secretary for Enforcement            published its affirmative final
                                                  HEDP from the PRC, we extended the                      and Compliance.                                       determination that countervailable
                                                                                                                                                                subsidies are being provided to
                                                    10 See
                                                                                                          Appendix                                              producers and exporters of HEDP from
                                                            Countervailing Duty Investigation of 1-
                                                  Hydroxyethylidene-1, 1-Diphosphonic Acid from              The merchandise covered by this                    the PRC.1 On May 8, 2017, the ITC
                                                  the People’s Republic of China: Final Affirmative       investigation includes all grades of aqueous          notified the Department of its
                                                  Determination, 82 FR 14872 (March 23, 2017).            acidic (non-neutralized) concentrations of 1-         affirmative determination that an
                                                     11 Id.
                                                                                                          hydroxyethylidene-1, 1-diphosphonic acid              industry in the United States is
                                                     12 Id.
                                                                                                          (HEDP), also referred to as                           materially injured within the meaning
                                                     13 See, e.g., Certain Passenger Vehicle and Light
                                                                                                          hydroxyethylidenendiphosphonic acid,
                                                  Truck Tires from the People’s Republic of China:        hydroxyethanediphosphonic acid,
                                                                                                                                                                of section 705(b)(1)(A)(i) of the Act, by
                                                  Preliminary Determination of Sales at Less Than
                                                                                                          acetodiphosphonic acid, and etidronic acid.           reason of subsidized imports of subject
                                                  Fair Value; Preliminary Affirmative Determination                                                             merchandise from the PRC.2
                                                  of Critical Circumstances; In Part and                  The Chemical Abstract Service (CAS) registry
                                                  Postponement of Final Determination, 80 FR 4250         number for HEDP is 2809–21–4.
                                                  (January 27, 2015) and accompanying Issues and             The merchandise subject to this                       1 See Countervailing Duty Investigation of 1-
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                                                  Decision Memorandum at 35.                              investigation is currently classified in the          Hydroxyethylidene-1, 1-Diphosphonic Acid from
                                                     14 See Countervailing Duty Investigation of 1-
                                                                                                          Harmonized Tariff Schedule of the United              the People’s Republic of China: Final Affirmative
                                                  Hydroxyethylidene-1, 1-Diphosphonic Acid from           States (HTSUS) at subheading 2931.90.9043.            Determination 82 FR 14872 (March 23, 2017).
                                                  the People’s Republic of China: Preliminary             It may also enter under HTSUS subheadings
                                                                                                                                                                   2 See Letter to Ronald Lorentzen, Acting Assistant

                                                  Affirmative Determination and Alignment of Final                                                              Secretary of Commerce for Enforcement and
                                                  Determination with Final Antidumping Duty
                                                                                                          2811.19.6090 and 2931.90.9041. While
                                                                                                                                                                Compliance, from Rhonda K. Schmidtlein,
                                                  Determination, 81 FR 62084 (September 8, 2016).                                                               Chairman of the U.S. International Trade
                                                                                                           16 See   Preliminary Determination.
                                                     15 See Preliminary Decision Memorandum at 28–                                                              Commission, regarding HEDP from the PRC, (May
                                                  29.                                                      17 See   ITC Final.                                  8, 2017) (ITC Letter).



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Document Created: 2017-05-18 01:20:50
Document Modified: 2017-05-18 01:20:50
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 May 18, 2017.
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 Citation82 FR 22807 

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