82 FR 22809 - 1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's Republic of China: Countervailing Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

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

Based on affirmative final determinations by the Department of Commerce (Department) and the International Trade Commission (ITC), the Department is issuing the countervailing duty order on 1- Hydroxyethylidene-1, 1-Diphosphonic Acid (HEDP) from the People's Republic of China (PRC).

[Federal Register Volume 82, Number 95 (Thursday, May 18, 2017)]
[Notices]
[Pages 22809-22810]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10079]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-046]


1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's 
Republic of China: Countervailing 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 the countervailing duty order on 1-
Hydroxyethylidene-1, 1-Diphosphonic Acid (HEDP) from the People's 
Republic of China (PRC).

DATES: Effective May 18, 2017.

FOR FURTHER INFORMATION CONTACT: Javier Barrientos at (202) 482-2243, 
or Matthew Renkey at (202) 482-2312, AD/CVD Operations, Office V, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with section 705(d) of the Tariff Act of 1930, as 
amended (Act), on March 23, 2017, the Department published its 
affirmative final determination that countervailable subsidies are 
being provided to producers and exporters of HEDP from the PRC.\1\ 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.\2\
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    \1\ 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).
    \2\ 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).

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[[Page 22810]]

Scope of the Order

    The scope of this order covers HEDP from the PRC. For a complete 
description of the scope, see Appendix.

Countervailing Duty Order

    On May 8, 2017, in accordance with sections 705(b)(1)(A)(i) and 
705(d) of the Act, the ITC notified the Department of its final 
determination in this investigation, in which it found that an industry 
in the United States is materially injured by reason of imports of HEDP 
from the PRC.\3\ Therefore, in accordance with section 705(c)(2) of the 
Act, the Department is issuing this countervailing 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 countervailing duties.
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    \3\ See ITC Letter.
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    Therefore, in accordance with section 706(a) of the Act, the 
Department will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by the Department, countervailing 
duties for all relevant entries of HEDP from the PRC. Countervailing 
duties will be assessed on unliquidated entries of HEDP from the PRC 
entered, or withdrawn from warehouse, for consumption on or after 
September 8, 2016, the date of publication of the Preliminary 
Determination,\4\ but will not include entries occurring after the 
expiration of the provisional measures period and before publication of 
the ITC's final injury determination as further described below.
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    \4\ 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).
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Suspension of Liquidation

    In accordance with section 706 of the Act, the Department will 
instruct CBP to reinstitute the suspension of liquidation of HEDP from 
the PRC. We will also instruct CBP to require, pursuant to section 
706(a)(1) of the Act, countervailing duties for each entry of the 
subject merchandise in an amount based on the net countervailable 
subsidy rates for the subject merchandise.\5\ These instructions 
suspending liquidation will remain in effect until further notice. The 
all-others rate applies to all producers and exporters of subject 
merchandise.
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    \5\ With the exception of Wujin Water, the net subsidy rate of 
which is de minimis, and hence, is excluded from this order. This 
exclusion will apply only to subject merchandise both produced and 
exported by Wujin Water.

------------------------------------------------------------------------
               Company                 Subsidy rate (percent ad valorem)
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Nanjing University of Chemical         0.75 (de minimis).
 Technology Changzhou Wujin Water
 Quality Stabilizer Factory (Wujin
 Water).
Shandong Taihe Chemicals Co., Ltd.     2.40.
 and Shandong Taihe Water Treatment
 Technologies Co., Ltd. (Taihe
 Companies).
All-Others...........................  2.40.
Changzhou Kewei Fine Chemicals Co.,    54.11.
 Ltd.
Hebei Longke Water Treatment Co., Ltd  54.11.
Shandong Huayou Chemistry Co., Ltd...  54.11.
Shandong Xintai Water Treatment        54.11.
 Technology.
Zaozhuang Fuxing Water Treatment       54.11.
 Technology.
Zaozhuang YouBang Chemicals Co., Ltd.  54.11.
Zouping Dongfang Chemical Industry     54.11.
 Co., Ltd.
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Provisional Measures

    Section 703(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months. In the underlying investigation, the 
Department published the Preliminary Determination on September 8, 
2016. As such, the four-month period beginning on the date of the 
publication of the Preliminary Determination ended on January 6, 2017. 
Furthermore, section 707(b) of the Act states that definitive duties 
are to begin on the date of publication of the ITC's final injury 
determination.
    Therefore, in accordance with section 703(d) of the Act and our 
practice, we instructed CBP to terminate the suspension of liquidation 
and to liquidate, without regard to countervailing duties, unliquidated 
entries of HEDP from the PRC entered, or withdrawn from warehouse, for 
consumption, on or after January 6, 2017, the date the provisional 
measures expired, until and through the day preceding the date of 
publication of the ITC's final injury determination in the Federal 
Register. Suspension of liquidation will resume on the date of 
publication of the ITC's final determination in the Federal Register.

Notifications to Interested Parties

    This notice constitutes the countervailing duty order with respect 
to HEDP from the PRC pursuant to section 706(a) of the Act. Interested 
parties can find a list of countervailing duty orders currently in 
effect at http://enforcement.trade.gov/stats/iastats1.html.
    This order is issued and published in accordance with section 
706(a) of the Act and 19 CFR 351.211(b).

    Dated: May 9, 2017.
Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.

Appendix

    The merchandise covered by this investigation includes all 
grades of aqueous acidic (non-neutralized) concentrations of 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 281.19.6090 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. 2017-10079 Filed 5-17-17; 8:45 am]
 BILLING CODE 3510-DS-P