1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2016-2018
| Published date | 12 December 2019 |
| Citation | 84 FR 67925 |
| Record Number | 2019-26797 |
| Section | Notices |
| Court | International Trade Administration |
Federal Register, Volume 84 Issue 239 (Thursday, December 12, 2019)
[Federal Register Volume 84, Number 239 (Thursday, December 12, 2019)]
[Notices]
[Pages 67925-67927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26797]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-045]
1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review; 2016-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that exporters of
1-Hydroxyethylidene-1, 1-Diphosphonic Acid (HEDP) from the People's
Republic of China (China) sold subject merchandise in the United States
at prices below normal value during the period of review (POR) November
4, 2016 through April 30, 2018.
DATES: Applicable December 12, 2019.
FOR FURTHER INFORMATION CONTACT: Jasun Moy, AD/CVD Operations, Office
V, Enforcement and Compliance, International Trade Administration,
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-8194.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty order on HEDP from China in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).\1\ This review covers one
producer/exporter of subject merchandise, Henan Qingshuiyuan Technology
Co., Ltd. (Qingshuiyuan). On July 12, 2019, Commerce published
[[Page 67926]]
the Preliminary Results of this review.\2\ On August 19, 2019, Commerce
received case briefs from Compass Chemical International LLC (the
petitioner) and Qingshuiyuan.\3\ On August 28, 2019, we received
rebuttal briefs from the petitioner and Qingshuiyuan.\4\ On September
25, 2019, Commerce postponed the final results to 151 days after the
Preliminary Results.\5\ The revised deadline for the final results in
this review is now December 10, 2019.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 32270 (July 12, 2018); see also 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 (May 18, 2017).
\2\ See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the
People's Republic of China: Preliminary Results of Antidumping Duty
Administrative Review; 2016-2018, 84 FR 33236 (July 12, 2019)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\3\ See Petitioner's Case Brief, ``1-Hydroxyethylidene-1, 1-
Diphosphonic Acid from the People's Republic of China,'' dated
August 19, 2019; see also Qingshuiyuan's Case Brief, ``1-
Hydroxyethylidene-1, 1-Diphosphonic Acid (HEDP) from the People's
Republic of China, A-570-045; Case Brief,'' dated August 19, 2019.
\4\ See Petitioner's Rebuttal Brief, ``1-Hydroxyethylidene-1, 1-
Diphosphonic Acid from the People's Republic of China,'' dated
August 28, 2019; see also Qingshuiyuan's Rebuttal Brief, ``1-
Hydroxyethylidene-1, 1-Diphosphonic Acid (HEDP) from the People's
Republic of China, A-570-045; Rebuttal Brief,'' dated August 28,
2019.
\5\ See Memorandum, ``1-Hydroxyethylidene-1, 1-Diphosphonic Acid
from the People's Republic of China: Extension of Deadline for Final
Results of Antidumping Duty Administrative Review,'' dated September
25, 2019.
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Scope of the Order
The products covered by this order are HEDP. For a full description
of the scope, see the Issues and Decision Memorandum.\6\
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\6\ See Memorandum, ``Issues and Decision Memorandum for the
Antidumping Duty Administrative Review of 1-Hydroxyethylidene-1, 1-
Diphosphonic Acid from the People's Republic of China; 2016-2018,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
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Analysis of Comments Received
All issues raised in the case briefs filed by parties are listed in
the appendix to this notice and are addressed in the Issues and
Decision Memorandum. The Issues and Decision Memorandum is a public
document and is made available to the public via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov, and it is available to all parties in the
Central Records Unit, Room B8024 of the main Commerce building. In
addition, a complete version of the Issues and Decision Memorandum is
available at http://enforcement.trade.gov/frn/. The signed and
electronic versions of the Issues and Decision Memorandum are identical
in content.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties, and for the reasons explained in the Issues and
Decision Memorandum, Commerce made two changes to the Preliminary
Results. First, instead of converting U.S. price to a metric ton basis,
we converted normal value to a kilogram basis, to match the U.S. price
unit of measure, before calculating the weighted-average dumping
margin. Second, there were multiple variants of the name for the same
importer. Thus, we adjusted the name of the importers to make the names
consistent. For a more detailed discussion of these changes, see the
Final Analysis Memorandum.\7\
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\7\ See Memorandum, ``Antidumping Duty Administrative Review of
1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the People's
Republic of China; 2016-2018: Final Results Analysis Memorandum,''
dated concurrently with this notice (Final Analysis Memorandum).
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Separate Rate
In the Preliminary Results, we found that information placed on the
record by Qingshuiyuan demonstrated that this entity is entitled to
separate rate status, which we preliminarily granted.\8\ We received no
information since the issuance of the Preliminary Results that provides
a basis for reconsidering the determination with respect to the
separate rate status of this entity. Therefore, for the final results,
we continue to find that Qingshuiyuan is eligible for a separate rate.
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\8\ See Preliminary Results, 84 FR at 32634, and accompanying
PDM at 3-5.
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Final Results of the Review
Commerce determines that the following weighted-average dumping
margin exists for the POR from November 4, 2016 through April 30, 2018:
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Weighted-
average
Exporter dumping
margin
(percent)
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Henan Qingshuiyuan Technology Co., Ltd..................... 397.20
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China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\9\ Under this policy, the
China-wide entity will not be under review unless a party specifically
requests, or Commerce self-initiates, a review of the entity. Because
no party requested a review of the China-wide entity in this review,
the entity is not under review and the entity's rate (i.e., 167.58
percent) is not subject to change.\10\
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\9\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\10\ See 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 (May
18, 2017).
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Assessment Rates
Commerce shall determine, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries of
subject merchandise in accordance with section 751(a)(2)(C) of the Act
and 19 CFR 351.212(b). In accordance with 19 CFR 351.212(b)(1), we have
calculated importer-specific (or customer-specific) assessment rates
for merchandise subject to this review. For these final results, we
divided the total dumping margins (calculated as the difference between
normal value and export price or constructed export price) for
Qingshuiyuan's importers or customers by either the total number of
kilograms the exporter sold to that importer or customer or by the
total entered value. We intend to direct CBP to assess the resulting
per-kilogram dollar amount or the ad valorem assessment rate against
each kilogram of merchandise in each of that importer's/customer's
entries during the review period.
For entries that were not reported in the U.S. sales data submitted
by Qingshuiyuan during this review, Commerce will instruct CBP to
liquidate such entries at the rate for the China-wide entity.\11\
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\11\ See 19 CFR 351.212(b)(1).
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Commerce intends to issue assessment instructions to CBP 15 days
after the date of publication of the final results of this review in
the Federal Register.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) For Qingshuiyuan, the
cash deposit rate will be equal to the weighted-average dumping margin
established in the final results of this review (except, if the ad
[[Page 67927]]
valorem rate is de minimis, then the cash deposit rate will be zero);
(2) for previously investigated or reviewed Chinese and non-Chinese
exporters not listed above that have received a separate rate in a
prior segment of this proceeding, the cash deposit rate will continue
to be the existing exporter-specific cash deposit rate published for
the completed segment of the most recent period; (3) for all Chinese
exporters of subject merchandise that have not been found to be
entitled to a separate rate, the cash deposit rate will be the rate for
the China-wide entity (i.e., 167.58 percent); and (4) for all non-
Chinese exporters of subject merchandise which have not received their
own separate rate, the cash deposit rate will be the rate applicable to
the Chinese exporter that supplied that non-Chinese exporter. These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties has occurred and the subsequent assessment of
double antidumping duties.
Administrative Protective Orders
This notice also serves as a final reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials, or conversion to judicial protective
order is hereby requested. Failure to comply with the regulations and
terms of an APO is a violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act
and 19 CFR 351.221(b)(5) and 19 CFR 351.213(h)(1).
Dated: December 6, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether to Adjust Qingshuiyuan's Reported Factors of
Production (FOPs)
Comment 2: Whether to Include Brokerage and Handling (B&H)
Expenses for Surrogate Values
Comment 3: Whether the Dumping Margin is Commercially or
Economically Realistic
Comment 4: Whether Commerce's Erroneous Calculation Prevents
Effective Comment
Comment 5: Whether the Liquidation Instructions are Incorrect
Comment 6: Whether the Financial Statements from CYDSA, S.A.B.
de C.V. Are Unusable
Comment 7: Whether to Use Mexico as the Surrogate Country
Comment 8: Whether the Surrogate Value (SV) for Yellow
Phosphorus is Aberrational
Comment 9: Whether the Deductions from Constructed Export Price
(CEP) Were Excessive
Comment 10: Whether Non-Deductible Value-Added Tax Should be
Deducted From U.S. Price
VI. Recommendation
[FR Doc. 2019-26797 Filed 12-11-19; 8:45 am]
BILLING CODE 3510-DS-P
