China HEDP: One Firm's AD Duty Rate Reduced

The International Trade Administration is amending its final antidumping duty determination and order on 1-hydroxyethylidene-1, 1-diphosphonic acid (HEDP) from China (A-570-934) to reduce the estimated AD duty rate for one company.

Wujin Fine's AD Rate Reduced Pursuant to Court Remand

Pursuant to a remand ordered by the Court of International Trade, the ITA determined that the adverse facts available (AFA) rate upon which the ITA relied in calculating the separate rate was not corroborated in the final determination. Consequently, the ITA calculated a revised separate rate of 15.47% (from 36.21%) for Changzhou Wujin Fine Chemical Factory Co., Ltd. and Jiangsu Jianghai Chemical Group Co., Ltd., which was affirmed by the CIT.

Only Jiangsu Jianghai appealed the CIT’s decision with the Court of Appeals for the Federal Circuit¹. Because Wujin Fine did not appeal the CIT’s decision and the period to appeal that decision has expired, the CIT decision is final and conclusive for Wujin Fine, but not Jiangsu Jianghai.

Amended Estimated AD Cash Deposit Rate Effective Sept 23, 2010

Because there is now a final and conclusive court decision with respect to Wujin Fine, the revised estimated AD cash deposit rate for entries of subject merchandise produced and exported by Wujin Fine with a time of entry on or after September 23, 2010²is as follows:

¹The ITA notes that on the event the CIT’s decision is affirmed on appeal, the ITA will publish an amended final determination revising the separate rate assigned to Jiangsu Jianghai and issue revised cash deposit instructions to U.S. Customs and Border Protection.

²This effective date is in accordance with the ITA's "Timken" notice of a court decision not "in harmony" with an ITA determination. The December 12, 2010 Timken notice is available here.

(See ITT’s Online Archives or 04/28/09 news, 09042835, for BP summary of the original AD duty orders for subject merchandise from China and India.

See ITT's Online Archives or 09/17/10 news, 10091720, for BP summary of the CIT's September 2010 decision.)

ITA contact -- Shawn Higgins (202) 482-0679

(FR Pub 01/06/11, ITA Case No. A-570-934)