[Federal Register Volume 75, Number 202 (Wednesday, October 20, 2010)]
[Notices]
[Pages 64695-64696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26458]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-908]
First Administrative Review of Sodium Hexametaphosphate From the
People's Republic of China: Final Results of the Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On April 15, 2010, the Department of Commerce (``Department'')
published the Preliminary Results of the first administrative review of
the antidumping duty order on sodium hexametaphosphate (``sodium hex'')
from the People's Republic of China (``PRC'').\1\ We gave interested
parties an opportunity to comment on the Preliminary Results. Based
upon our analysis of the comments and information received, we made
changes to the margin calculation for the final results. We find that
the sole participating respondent in this review, Hubei Xingfa Chemical
Group Co., Ltd. (``Xingfa''), sold subject merchandise at less than
normal value (``NV'') during the period of review (``POR''), September
14, 2007-February 28, 2009.
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\1\ See First Administrative Review of Sodium Hexametaphosphate
from the People's Republic of China: Notice of Preliminary Results
of the Antidumping Duty Administrative Review, 75 FR 19613 (April
15, 2010) (``Preliminary Results'').
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DATES: Effective Date: October 20, 2010.
FOR FURTHER INFORMATION CONTACT: Paul Walker, AD/CVD Operations, Office
9, Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-0413.
SUPPLEMENTARY INFORMATION:
Background
As noted above, on April 15, 2010, the Department published the
Preliminary Results of this administrative review. On August 10, 2010,
the Department published a notice extending the time period for issuing
the final results by 53 days to October 5, 2010.\2\ On October 5, 2010,
the Department extended the time period for issuing the final results
by an additional 7 days to October 12, 2010.\3\ On July 26, 2010, the
Department placed wage rate data on the record for comment following
the recent decision in Dorbest Limited et al. v. United States, 2009-
1257, -1266, issued by the United States Court of Appeals for the
Federal Circuit (``CAFC'') on May 14, 2010.\4\ Between May 21, 2010 and
August 13, 2010, we received case and rebuttal briefs from the
Petitioners \5\ and Xingfa.
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\2\ See First Antidumping Duty Administrative Review of Sodium
Hexametaphosphate from the People's Republic of China: Extension of
Time Limit for the Final Results, 75 FR 48309 (August 10, 2010).
\3\ See First Antidumping Duty Administrative Review of Sodium
Hexametaphosphate from the People's Republic of China: Extension of
Time Limit for the Final Results, dated October 5, 2010.
\4\ See the ``Changes Since the Preliminary Results'' section
below for a detailed explanation of the Department's revised wage
rate for these final results.
\5\ ICL Performance Products and Innophos, Inc. (collectively,
the ``Petitioners'').
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties are
addressed in the ``First Administrative Review of Sodium
Hexametaphosphate from the People's Republic of China: Issues and
Decision Memorandum for the Final Results,'' which is dated
concurrently with this notice (``I&D Memo''). A list of the issues
which parties raised, and to which we respond in the I&D Memo, is
attached to this notice as an Appendix. The I&D Memo is a public
document and is on file in the Central Records Unit (``CRU''), Main
Commerce Building, Room 7046, and is accessible on the Department's Web
site at http://www.trade.gov/ia. The paper copy and electronic version
of the memorandum are identical in content.
Changes Since the Preliminary Results
Based on a review of the record, as well as comments received from
parties regarding our Preliminary Results, we have made revisions to
Xingfa's margin calculation for the final results. We have revised
classifications for certain expenses in the surrogate financial ratios
used in the Preliminary Results. Specifically, we have excluded packing
costs and freight and forwarding costs because it is the Department's
practice to exclude certain expenses in order to avoid double-counting
costs where the requisite data are available to do so.\6\ Moreover,
consistent with the Department's practice, we have included purchased
goods in the denominator of the SG&A and profit ratio calculations.\7\
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\6\ See, e.g., Helical Spring Lock Washers From the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review, 73 FR 4175 (January 24, 2008) (where the Department clearly
articulated its practice to avoid double-counting costs in
calculating dumping margins); see also I&D Memo at Comment 4.
\7\ See Amended Final Results of the First Antidumping Duty
Administrative Review: Folding Metal Tables and Chairs From the
People's Republic of China, 70 FR 3187 (January 21, 2005); see also
I&D Memo at Comment 4.
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Pursuant to a recent decision by the CAFC,\8\ we have calculated a
revised hourly wage rate to use in valuing Xingfa's reported labor. The
revised wage rate is calculated by averaging earnings and/or wages in
countries that are economically comparable to the PRC and that are
significant producers of comparable merchandise.\9\ Additionally, we
have revised the surrogate value for sodium pyrophosphate.\10\
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\8\ Dorbest v. United States, 604 F. 3d 1363 (Fed. Cir. 2010).
\9\ See I&D Memo at Comment 3E; see also Final SV Memo for the
details of the calculation and supporting data.
\10\ See I&D Memo at Comment 3A; see also Memorandum to the
File, through Scot T. Fullerton, Program Manager, Office IX, from
Paul Walker, Case Analyst, Office IX, ``First Administrative Review
of Sodium Hexametaphosphate from the People's Republic of China:
Surrogate Factor Valuations for the Final Results'' (``Final SV
Memo''), dated concurrently with this notice.
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Scope of the Order
The merchandise subject to this review is sodium hexametaphosphate.
Sodium hexametaphosphate is a water-soluble polyphosphate glass that
[[Page 64696]]
consists of a distribution of polyphosphate chain lengths. It is a
collection of sodium polyphosphate polymers built on repeating
NaPO3 units. Sodium hexametaphosphate has a
P2O5 content from 60 to 71 percent. Alternate
names for sodium hexametaphosphate include the following: Calgon;
Calgon S; Glassy Sodium Phosphate; Sodium Polyphosphate, Glassy;
Metaphosphoric Acid; Sodium Salt; Sodium Acid Metaphosphate; Graham's
Salt; Sodium Hex; Polyphosphoric Acid, Sodium Salt; Glass H; Hexaphos;
Sodaphos; Vitrafos; and BAC-N-FOS. Sodium hexametaphosphate is
typically sold as a white powder or granule (crushed) and may also be
sold in the form of sheets (glass) or as a liquid solution. It is
imported under heading 2835.39.5000, HTSUS. It may also be imported as
a blend or mixture under heading 3824.90.3900, HTSUS. The American
Chemical Society, Chemical Abstract Service (``CAS'') has assigned the
name ``Polyphosphoric Acid, Sodium Salt'' to sodium hexametaphosphate.
The CAS registry number is 68915-31-1. However, sodium
hexametaphosphate is commonly identified by CAS No. 10124-56-8 in the
market. For purposes of the review, the narrative description is
dispositive, not the tariff heading, CAS registry number or CAS name.
The product covered by this review includes sodium
hexametaphosphate in all grades, whether food grade or technical grade.
The product covered by this review includes sodium hexametaphosphate
without regard to chain length i.e., whether regular or long chain. The
product covered by this review includes sodium hexametaphosphate
without regard to physical form, whether glass, sheet, crushed,
granule, powder, fines, or other form, and whether or not in solution.
However, the product covered by this review does not include sodium
hexametaphosphate when imported in a blend with other materials in
which the sodium hexametaphosphate accounts for less than 50 percent by
volume of the finished product.
Final Results of Review
The weighted-average dumping margin for the POR is as follows:
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Weighted
average
Manufacturer/exporter margin
(percent)
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Hubei Xingfa............................................... 82.62
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Assessment
Upon issuance of the final results, the Department will determine,
and U.S. Customs and Border Protection (``CBP'') shall assess,
antidumping duties on all appropriate entries. The Department intends
to issue assessment instructions to CBP 15 days after the date of
publication of the final results of review. Pursuant to 19 CFR
351.212(b)(1), we will calculate importer-specific (or customer) ad
valorem duty assessment rates based on the ratio of the total amount of
the dumping margins calculated for the examined sales to the total
entered value of those same sales. In accordance with 19 CFR
351.106(c)(2), we will instruct CBP to liquidate, without regard to
antidumping duties, all entries of subject merchandise during the POR
for which the importer-specific assessment rate is zero or de minimis.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results of this administrative review for
all shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For the exporters
listed above, the cash deposit rate will be the rate established in
these final results of review (except, if the rate is zero or de
minimis, i.e., less than 0.5 percent, a zero cash deposit rate will be
required for that company); (2) for previously investigated or reviewed
PRC and non-PRC exporters not listed above that have separate rates,
the cash deposit rate will continue to be the exporter-specific rate
published for the most recent period; (3) for all PRC exporters of
subject merchandise which have not been found to be entitled to a
separate rate, the cash deposit rate will be the PRC-wide rate of
188.05 percent; and (4) for all non-PRC exporters of subject
merchandise which have not received their own rate, the cash deposit
rate will be the rate applicable to the PRC exporters that supplied
that non-PRC exporter. These deposit requirements, when imposed, shall
remain in effect until publication of the final results of the next
administrative review.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) 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 the Department's presumption that
reimbursement of antidumping duties has occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/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.
We are issuing and publishing this administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: October 12, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix I--Issues & Decision Memorandum
Comment 1: Inputs to Inputs--Electricity
Comment 2: Date of Sale
Comment 3: Surrogate Values
A. Sodium Pyrophosphate
B. Coal
C. Coke
D. Phosphate Slag
E. Labor
Comment 4: Surrogate Financial Ratios
Comment 5: Placement of By-products in the Normal Value Calculation
[FR Doc. 2010-26458 Filed 10-19-10; 8:45 am]
BILLING CODE 3510-DS-P