Notice2022-15206
1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Antidumping Duty Order
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 18, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) order on 1-Hydroxyethylidene-1, 1-Diphosphonic Acid (HEDP) from the People's Republic of China (China) would be likely to lead to continuation or recurrence of dumping at the levels indicated in the "Final Results of Sunset Review" section of this notice.
Full Text
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<title>Federal Register, Volume 87 Issue 136 (Monday, July 18, 2022)</title>
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[Federal Register Volume 87, Number 136 (Monday, July 18, 2022)]
[Notices]
[Pages 42705-42707]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-15206]
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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 the Expedited First Sunset Review
of the Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) finds that
revocation of the antidumping duty (AD) order on 1-Hydroxyethylidene-1,
1-Diphosphonic Acid (HEDP) from the People's Republic of China (China)
would be likely to lead to continuation or recurrence of dumping at the
levels indicated in the ``Final Results of Sunset Review'' section of
this notice.
DATES: Applicable July 18, 2022.
FOR FURTHER INFORMATION CONTACT: Rachel Jennings, 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) 482-1110.
[[Page 42706]]
SUPPLEMENTARY INFORMATION:
Background
On May 18, 2017, Commerce published in the Federal Register the
Order on HEDP from China.\1\ On April 1, 2022, Commerce published the
notice of initiation of the first sunset review of the Order, pursuant
to section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\
On April 15, 2022, Commerce received a timely-filed notice of intent to
participate in this review from Compass Chemical International, LLC
(Compass), a domestic interested party, within the deadline specified
in 19 CFR 351.218(d)(1)(i).\3\ Compass claimed interested party status
under section 771(9)(C) of the Act as a producer and wholesaler of a
domestic like product in the United States.
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\1\ 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) (Order).
\2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 19069
(April 1, 2022) (Initiation Notice).
\3\ See Compass's Letter, ``Notice of Intent to Participate,''
dated April 15, 2022.
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On May 2, 2022, Commerce received an adequate substantive response
to the Initiation Notice from the domestic interested party within the
30-day deadline specified in 19 CFR 351.218(d)(3)(i).\4\ We received no
substantive responses from any other interested parties. On May 24,
2022, Commerce notified the U.S. International Trade Commission that it
did not receive an adequate substantive response from respondent
interested parties.\5\ As a result, pursuant to section 751(c)(3)(B) of
the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an
expedited (120-day) sunset review of the Order.
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\4\ See Compass's Letter, ``Substantive Response to the Notice
of Initiation,'' dated May 2, 2022.
\5\ See Commerce's Letter, ``Sunset Reviews Initiated on April
1, 2022,'' dated May 24, 2022.
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Scope of the Order
The merchandise covered by the Order 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 the Order 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,
2811.19.6190, 2931.39.0018, 2931.90.9041, and 2931.90.9051.\6\ While
HTSUS subheadings and the CAS registry number are provided for
convenience and customs purposes only, the written description of the
scope of the Order is dispositive.
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\6\ On September 24, 2020, U.S. Customs and Border Protection
notified Commerce of additional HTSUS subheadings under which
subject merchandise can be entered. Accordingly, the scope of the
Order now reflects those additional HTSUS subheadings. See
Memorandum, ``Request from Customs and Border Protection to Update
the ACE AD/CVD Case Reference File,'' dated October 2, 2020.
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Analysis of Comments Received
All issues raised in this sunset review are addressed in the
accompanying Issues and Decision Memorandum.\7\ A list of topics
discussed in the Issues and Decision Memorandum is included as the
appendix to this notice. The Issues and Decision Memorandum is a public
document and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx/">https://access.trade.gov/public/FRNoticesListLayout.aspx/</a>.
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\7\ See Memorandum ``Issues and Decision Memorandum for the
Final Results of the Expedited First Sunset Review of the
Antidumping Duty Order on 1-Hydroxyethylidene-1, 1-Diphosphonic Acid
from China,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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Final Results of Sunset Review
Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act,
Commerce determines that revocation of the Order would be likely to
lead to the continuation of or recurrence of dumping and that the
magnitude of the dumping margins likely to prevail would be the
weighted-average dumping margins as follows:
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Weight-
average
Producer Exporter dumping
margin
(percent)
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Nanjing University of Chemical Nanjing University of 67.66
Technology Changzhou Wujin Chemical Technology
Water Quality Stabilizer Changzhou Wujin Water
Factory. Quality Stabilizer
Factory and Nantong
Uniphos Chemicals Co.,
Ltd.
Shandong Taihe Water Treatment Shandong Taihe 167.58
Technologies Co., Ltd. Chemicals Co., Ltd.
Henan Qingshuiyuan Technology Henan Qingshuiyuan 90.64
Co., Ltd. Technology Co., Ltd.
Jianghai Environmental Jianghai Environmental 90.64
Protection Co., Ltd. Protection Co., Ltd.
China-Wide Entity.............. ....................... 167.58
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[[Page 42707]]
Administrative Protective Order (APO)
This notice serves as the only reminder to interested parties
subject to an APO of their responsibility concerning the return or
destruction of proprietary information disclosed under APO in
accordance with 19 CFR 351.305(a). Timely 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 and notice in
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and
19 CFR 351.218.
Dated: July 11, 2022.
Lisa W. Wang,
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. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of Dumping
2. Magnitude of the Margins Likely To Prevail
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2022-15206 Filed 7-15-22; 8:45 am]
BILLING CODE 3510-DS-P
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