Notice2022-26160
1-Hydroxyethylidene-1,1-Diphosphonic Acid From the People's Republic of China: Continuation of Antidumping Duty Order and Countervailing Duty Order
Primary source
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Published
December 1, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) and countervailing duty (CVD) orders on 1-Hydroxyethylidene-1,1-Diphosphonic Acid (HEDP) from the People's Republic of China (China) would likely lead to continuation or recurrence of dumping, countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the AD and CVD orders.
Full Text
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<title>Federal Register, Volume 87 Issue 230 (Thursday, December 1, 2022)</title>
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[Federal Register Volume 87, Number 230 (Thursday, December 1, 2022)]
[Notices]
[Pages 73756-73757]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26160]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-045, C-570-046]
1-Hydroxyethylidene-1,1-Diphosphonic Acid From the People's
Republic of China: Continuation of Antidumping Duty Order and
Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) and countervailing duty
(CVD) orders on 1-Hydroxyethylidene-1,1-Diphosphonic Acid (HEDP) from
the People's Republic of China (China) would likely lead to
continuation or recurrence of dumping, countervailable subsidies, and
material injury to an industry in the United States, Commerce is
publishing a notice of continuation of the AD and CVD orders.
DATES: Applicable December 1, 2022.
FOR FURTHER INFORMATION CONTACT: Rachel Jennings (AD) or Benito
Ballesteros (CVD), 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 or (202) 482-7425, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 18, 2017, Commerce published in the Federal Register the AD
and CVD orders on HEDP from China.\1\ On April 1, 2022, the ITC
instituted, and Commerce initiated, the first sunset review of the
Orders, pursuant to section 751(c) of the Tariff
[[Page 73757]]
Act of 1930, as amended (the Act).\2\ As a result of its review,
Commerce determined that revocation of the Orders would likely lead to
continuation or recurrence of dumping and countervailable subsidies
and, therefore, notified the ITC of the magnitude of the margins and
net countervailable subsidy rates likely to prevail should the Orders
be revoked.\3\
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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); and 1-Hydroxyethylidene-1,1-Diphosphonic Acid from the
People's Republic of China: Countervailing Duty Order, 82 FR 22809
(May 18, 2017) (collectively, Orders).
\2\ See 1-Hydroxyethylidene-1,1-Diphosphonic Acid (HEDP) from
China; Institution of Five-Year Reviews, 87 FR 19125 (April 1,
2022); and Initiation of Five-Year (Sunset) Reviews, 87 FR 19069
(April 1, 2022).
\3\ See 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, 87 FR 42705 (July 18,
2022) (AD Sunset Final); and 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, 87
FR 42707 (July 18, 2022) (CVD Sunset Final).
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On November 25, 2022, the ITC published its determination, pursuant
to sections 751(c) and 752(a) of the Act, that revocation of the Orders
would likely lead to continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable
time.\4\
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\4\ See 1-Hydroxyethylidene-1,1-Diphosphonic Acid (HEDP) from
China, 87 FR 72510 (November 25, 2022); see also 1-
Hydroxyethylidene-1,1-Diphosphonic Acid (HEDP) from China, Inv. Nos.
701-TA-558 and 731-TA-1316 (Review), USITC Pub. 5386 (November
2022).
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Scope of the Orders
The merchandise covered by the Orders 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 Orders 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.\5\ While HTSUS subheadings and the CAS registry number
are provided for convenience and customs purposes only, the written
description of the scope of the Orders is dispositive.
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\5\ On September 24, 2020, U.S. Customs and Border Protection
(CBP) notified Commerce of additional HTSUS subheadings under which
subject merchandise can be entered. Accordingly, the scope of the
Orders now reflects those additional HTSUS subheadings. See AD
Sunset Final, 87 FR at 42706; and CVD Sunset Final, 87 FR at 42707.
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Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to a continuation or a
recurrence of dumping and countervailable subsidies, as well as
material injury to an industry in the United States, pursuant to
section 751(d)(2) of the Act, Commerce hereby orders the continuation
of the Orders. CBP will continue to collect AD and CVD cash deposits at
the rates in effect at the time of entry for all imports of subject
merchandise.
The effective date of the continuation of the Orders will be the
date of publication in the Federal Register of this notice of
continuation. Pursuant to section 751(c)(2) of the Act, Commerce
intends to initiate the next five-year reviews of the Orders not later
than 30 days prior to the fifth anniversary of the effective date of
continuation.
Administrative Protective Order
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition 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 notification of return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of the APO is a sanctionable
violation.
Notification to Interested Parties
These five-year sunset reviews and this notice are in accordance
with section 751(c) of the Act and published in accordance with section
777(i)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: November 25, 2022.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-26160 Filed 11-30-22; 8:45 am]
BILLING CODE 3510-DS-P
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