Notice2022-15207
1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing 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 countervailing duty (CVD) order on 1- Hydroxyethylidene-1, 1-Diphosphonic Acid (HEDP) from the People's Republic of China (China) would be likely to lead to the continuation or recurrence of countervailable subsidies 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 42707-42708]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-15207]
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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: Final Results of the Expedited First Sunset Review
of the Countervailing 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 countervailing duty (CVD) order on 1-
Hydroxyethylidene-1, 1-Diphosphonic Acid (HEDP) from the People's
Republic of China (China) would be likely to lead to the continuation
or recurrence of countervailable subsidies at the levels indicated in
the ``Final Results of Sunset Review'' section of this notice.
DATES: Applicable July 18, 2022.
FOR FURTHER INFORMATION CONTACT: Benito Ballesteros, 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) 482-7425.
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 on HEDP
from China, pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the Act).\2\ On April 15, 2022, Commerce received a timely
notice of intent to participate from Compass Chemical International,
LLC (Compass), i.e., a domestic interested party.\3\ Compass claimed
interested party status under section 771(9)(C) of the Act as a
producer of the 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: Countervailing Duty Order, 82 FR 22809
(May 18, 2017) (Order).
\2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 19069
(April 1, 2022).
\3\ See Compass's Letter, ``l-Hydroxyethylidene-1, 1-
Diphosphonic Acid from the People's Republic of China: Notice of
Intent to Participate,'' dated April 15, 2022.
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On May 2, 2022, Commerce received a timely and adequate substantive
response from Compass.\4\ We received no substantive responses from any
other interested parties, including the Government of China, nor was a
hearing requested. 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 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, ``1-Hydroxyethylidene-1, 1-
Diphosphonic Acid from the People's Republic of China: 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,
2931.90.9041, 2931.90.9051, 2811.19.6190, and 2931.39.0018.\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, ``Update to the ACE CVD Case Reference File,'' dated
June 7, 2022.
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Analysis of Comments Received
All issues raised in this sunset review are addressed in the
accompanying Issues and Decision Memorandum, which is dated
concurrently with, and hereby adopted by, this notice.\7\ The issues
discussed in the Issues and Decision Memorandum are listed in the
appendix to this notice.
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\7\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Expedited First Sunset Review of the
Countervailing Duty Order on 1-Hydroxyethylidene-1, 1-Diphosphonic
Acid from the People's Republic of China,'' dated concurrently with,
and hereby adopted by, this notice (Issues and Decision Memorandum).
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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>.
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce
determines that revocation of the Order would be likely to lead to the
continuation or recurrence of countervailable subsidies at the rates
listed below:
[[Page 42708]]
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Subsidy rate
Producer/exporter (percent ad
valorem)
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Shandong Taihe Chemicals Co., Ltd and Shandong Taihe 2.40
Water Treatment Technologies Co., Ltd..................
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
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Administrative Protective Order (APO)
This notice also serves as the only reminder to parties subject to
an APO of their responsibility concerning the destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305. 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 sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(c), 752(b), 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 Countervailable
Subsidies
2. Net Countervailable Subsidy Rates Likely to Prevail
3. Nature of the Subsidies
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2022-15207 Filed 7-15-22; 8:45 am]
BILLING CODE 3510-DS-P
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