[Federal Register Volume 76, Number 28 (Thursday, February 10, 2011)]
[Notices]
[Pages 7532-7534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3018]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-847]
1-Hydroxyethylidene-1, 1-Diphosphonic Acid from India: Final
Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On November 29, 2010, the Department of Commerce (Department)
published the preliminary results of the first administrative review of
the antidumping duty order on 1-Hydroxyethylidene-1, 1-Diphosphonic
Acid from India. The review covers one manufacturer/exporter of the
subject merchandise to the United States: Aquapharm Chemicals Pvt.,
Ltd. (Aquapharm). The period of review (POR) is April 23, 2009, through
March 31, 2010. The final weighted-average dumping margin for the
manufacturer/exporter is listed below in the ``Final Results of
Review'' section of this notice.
[[Page 7533]]
DATES: Effective Date: February 10, 2011.
FOR FURTHER INFORMATION CONTACT: David Goldberger or Brandon Custard,
AD/CVD Operations, Office 2, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
4136 or (202) 482-1823, respectively.
SUPPLEMENTARY INFORMATION:
Background
The review covers one manufacturer/exporter of the subject
merchandise to the United States: Aquapharm.
On November 29, 2010, the Department published in the Federal
Register the preliminary results of the first administrative review of
the antidumping duty order on 1-Hydroxyethylidene-1, 1-Diphosphonic
Acid from India (75 FR 73042).
We invited parties to comment on the preliminary results of the
review. No interested party submitted comments. Therefore, the final
results do not differ from the preliminary results. The Department has
conducted this administrative review in accordance with section 751 of
the Tariff Act of 1930, as amended (the Act).
Scope of the Order
The merchandise covered by this order includes all grades of
aqueous, acidic (non-neutralized) concentrations of 1-
hydroxyethylidene-1, 1-diphosphonic acid \1\ also referred to as
hydroxethlylidenediphosphonic acid, hydroxyethanediphosphonic acid,
acetodiphosphonic acid, and etidronic acid. The CAS (Chemical Abstract
Service) registry number for HEDP is 2809-21-4. The merchandise subject
to this order is currently classified in the Harmonized Tariff Schedule
of the United States (HTSUS) at subheading 2931.00.9043. It may also
enter under HTSUS subheading 2811.19.6090. While HTSUS subheadings are
provided for convenience and customs purposes only, the written
description of the scope of this order is dispositive.
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\1\ C2H8O7P2 or
C(CH3)(OH)(PO3H2)2
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Final Results of the Review
As a result of our review, we determined that the following
weighted-average margin percentage applies for the period April 23,
2009, through March 31, 2010:
------------------------------------------------------------------------
Margin
Manufacturer/exporter (percent)
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Aquapharm Chemicals Pvt., Ltd.............................. 0.00
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Assessment Rates
The Department shall determine, and Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries, in
accordance with 19 CFR 351.212. The Department intends to issue
appropriate appraisement instructions for the respondent subject to
this review directly to CBP 15 days after the date of publication of
the final results of this review.
Where the respondent reported entered value for its U.S. sales, we
have calculated importer-specific ad valorem duty assessment rates
based on the ratio of the total amount of antidumping duties calculated
for the examined sales to the total entered value of the examined sales
for that importer.
Where the respondent did not report entered value for its U.S.
sales, we have calculated importer-specific per-unit duty assessment
rates by aggregating the total amount of antidumping duties calculated
for the examined sales and dividing this amount by the total quantity
of those sales. To determine whether the duty assessment rates are de
minimis, in accordance with the requirement set forth in 19 CFR
351.106(c)(2), we have calculated importer-specific ad valorem ratios
based on the estimated entered value.
We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review if any importer-specific
assessment rate calculated in the final results of this review is above
de minimis (i.e., at or above 0.50 percent). Pursuant to 19 CFR
351.106(c)(2), we will instruct CBP to liquidate without regard to
antidumping duties any entries for which the assessment rate is de
minimis (i.e., less than 0.50 percent). The final results of this
review shall be the basis for the assessment of antidumping duties on
entries of merchandise covered by the final results of this review and
for future deposits of estimated duties, where applicable.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment
Policy Notice). This clarification will apply to entries of subject
merchandise during the POR produced by the company included in these
final results of review for which the reviewed company did not know
that the merchandise it sold to the intermediary (e.g., a reseller,
trading company, or exporter) was destined for the United States. In
such instances, we will instruct CBP to liquidate unreviewed entries at
the all-others rate effective during the POR if there is no rate for
the intermediary involved in the transaction. See Assessment Policy
Notice for a full discussion of this clarification.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for the company
listed above is less than 0.50 percent and, therefore, de minimis
within the meaning of 19 CFR 351.106(c)(1), and therefore the cash
deposit rate is 0 percent; (2) for previously reviewed or investigated
companies not participating in this review, the cash deposit rate will
continue to be the company-specific rate published for the most recent
period; (3) if the exporter is not a firm covered in this review or the
original less-than-fair-value (LTFV) investigation, but the
manufacturer is, the cash deposit rate will be the rate established for
the most recent period for the manufacturer of the merchandise; and (4)
the cash deposit rate for all other manufacturers or exporters will
continue to be 3.10 percent, the all-others rate established in the
LTFV investigation. See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from
India: Notice of Final Determination of Sales at Less Than Fair Value,
74 FR 10543 (March 11, 2009). These 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) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This administrative review and notice are published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221.
[[Page 7534]]
Dated: February 3, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-3018 Filed 2-9-11; 8:45 am]
BILLING CODE 3510-DS-P