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)

Page Range		22809-22810
FR Document		2017-10079

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 Issue 95 (Thursday, May 18, 2017)

[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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    \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)
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

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

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-
jstallworth on DSK7TPTVN1PROD with NOTICES

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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22810 Federal Register / Vol. 82, No. 95 / Thursday, May 18, 2017 / Notices

Scope of the Order such merchandise from the PRC, before publication of the ITC’s final
The scope of this order covers HEDP entered or withdrawn from warehouse injury determination as further
from the PRC. For a complete for consumption, are subject to the described below.
description of the scope, see Appendix. assessment of countervailing duties.
Suspension of Liquidation
Therefore, in accordance with section
Countervailing Duty Order 706(a) of the Act, the Department will In accordance with section 706 of the
On May 8, 2017, in accordance with direct U.S. Customs and Border Act, the Department will instruct CBP to
sections 705(b)(1)(A)(i) and 705(d) of the Protection (CBP) to assess, upon further reinstitute the suspension of liquidation
Act, the ITC notified the Department of instruction by the Department, of HEDP from the PRC. We will also
its final determination in this countervailing duties for all relevant instruct CBP to require, pursuant to
investigation, in which it found that an entries of HEDP from the PRC. section 706(a)(1) of the Act,
industry in the United States is Countervailing duties will be assessed countervailing duties for each entry of
materially injured by reason of imports on unliquidated entries of HEDP from the subject merchandise in an amount
of HEDP from the PRC.3 Therefore, in the PRC entered, or withdrawn from based on the net countervailable
accordance with section 705(c)(2) of the warehouse, for consumption on or after subsidy rates for the subject
Act, the Department is issuing this September 8, 2016, the date of merchandise.5 These instructions
countervailing duty order. Because the publication of the Preliminary suspending liquidation will remain in
ITC determined that imports of HEDP Determination,4 but will not include effect until further notice. The all-others
from the PRC are materially injuring a entries occurring after the expiration of rate applies to all producers and
U.S. industry, unliquidated entries of the provisional measures period and exporters of subject merchandise.

Subsidy rate
Company (percent ad valorem)

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

Provisional Measures ITC’s final injury determination in the HEDP, also referred to as
Federal Register. Suspension of hydroxyethylidenendiphosphonic acid,
Section 703(d) of the Act states that
liquidation will resume on the date of hydroxyethanediphosphonic acid,
instructions issued pursuant to an
publication of the ITC’s final acetodiphosphonic acid, and etidronic acid.
affirmative preliminary determination
determination in the Federal Register. The Chemical Abstract Service (CAS) registry
may not remain in effect for more than
number for HEDP is 2809–21–4.
four months. In the underlying Notifications to Interested Parties The merchandise subject to this
investigation, the Department published
This notice constitutes the investigation is currently classified in the
the Preliminary Determination on
countervailing duty order with respect Harmonized Tariff Schedule of the United
September 8, 2016. As such, the four-
to HEDP from the PRC pursuant to States (HTSUS) at subheading 2931.90.9043.
month period beginning on the date of
section 706(a) of the Act. Interested It may also enter under HTSUS subheadings
the publication of the Preliminary 281.19.6090 and 2931.90.9041. While HTSUS
Determination ended on January 6, parties can find a list of countervailing
duty orders currently in effect at http:// subheadings and the CAS registry number are
2017. Furthermore, section 707(b) of the provided for convenience and customs
Act states that definitive duties are to enforcement.trade.gov/stats/
iastats1.html. purposes only, the written description of the
begin on the date of publication of the scope of this investigation is dispositive.
ITC’s final injury determination. This order is issued and published in
Therefore, in accordance with section accordance with section 706(a) of the [FR Doc. 2017–10079 Filed 5–17–17; 8:45 am]
703(d) of the Act and our practice, we Act and 19 CFR 351.211(b). BILLING CODE 3510–DS–P
instructed CBP to terminate the Dated: May 9, 2017.
suspension of liquidation and to Gary Taverman,
liquidate, without regard to
Associate Deputy Assistant Secretary for
countervailing duties, unliquidated Antidumping and Countervailing Duty
entries of HEDP from the PRC entered, Operations.
or withdrawn from warehouse, for
consumption, on or after January 6, Appendix
2017, the date the provisional measures
jstallworth on DSK7TPTVN1PROD with NOTICES

The merchandise covered by this
expired, until and through the day investigation includes all grades of aqueous
preceding the date of publication of the acidic (non-neutralized) concentrations of

3 SeeITC Letter. Determination with Final Antidumping Duty only to subject merchandise both produced and
4 SeeCountervailing Duty Investigation of 1- Determination, 81 FR 62084 (September 8, 2016). exported by Wujin Water.
Hydroxyethylidene-1, 1-Diphosphonic Acid from 5 With the exception of Wujin Water, the net

the People’s Republic of China: Preliminary subsidy rate of which is de minimis, and hence, is
Affirmative Determination and Alignment of Final excluded from this order. This exclusion will apply

VerDate Sep<11>2014 13:43 May 17, 2017 Jkt 241001 PO 00000 Frm 00009 Fmt 4703 Sfmt 9990 E:\FR\FM\18MYN1.SGM 18MYN1

Document Created: 2017-05-18 01:20:57
Document Modified: 2017-05-18 01:20:57

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Dates		Effective May 18, 2017.
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.
FR Citation		82 FR 22809

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

DEPARTMENT OF COMMERCEInternational Trade Administration

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

DEPARTMENT OF COMMERCE
International Trade Administration