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AD: China and India HEDP

The International Trade Administration has issued antidumping duty orders on 1-hydroxyethylidene-1, 1-diphosphonic acid (HEDP) from China and India.

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Liquidation, Cash Deposits Refunded Prior to Final ITC Determinations

Because the International Trade Commission's final injury determinations are based on the threat of material injury and are not accompanied by findings that injury would have resulted, but for the imposition of suspension of liquidation of entries since the preliminary determinations, U.S. Customs and Border Protection is required to release any bond or other security, and refund any cash deposit of estimated AD duties posted from the ITA's preliminary determinations until the publication of the ITC's final determination of threat of material injury.

Therefore, with the exception of HEDP manufactured and exported by Nanjing University of Chemical Technology Changzhou Wujin Water Quality Stabilizer Factory Ltd. (a company excluded from the China order and all liability), the ITA will instruct CBP to terminate the suspension of liquidation for entries of HEDP from China and India with time of entry prior to April 23, 2009 (the publication date of the ITC's final determination of threat of material injury), and refund any cash deposits made and release any bonds posted from October 21, 2008 (the publication date of the preliminary determinations) through April 22, 2009 (the day prior to the publication date of the ITC's final determination of threat of material injury).

Suspension of Liquidation, AD Cash Deposit Requirements Begin April 23rd

AD suspension of liquidation will be reinstituted for entries of HEDP from China and India with a time of entry on or after April 23, 2009.

The ITA will also instruct CBP to require, at the same time as importers would normally deposit estimated duties, AD cash deposits at the rates specified below for entries of HEDP from China and India with a time of entry on or after April 23, 2009:

Manufacturer/ExporterAD Duty Rate
China
Nanjing University of Chemical Technology Changzhou Wujin Water Quality Stabilizer Factory Ltd. (manufacturer and exporter)(a)
Changzhou Wujin Fine Chemical Factory Co., Ltd. (manufacturer and exporter)36.21%
Jiangsu Jianghai Chemical Group Co., Ltd. (manufacturer and exporter)36.21%
China-wide entity (includes Kewei)172.42%
India
Aquapharm Chemicals Private Limited3.10%
All Others3.10%

(a) In its final determination, the ITA found a final AD duty rate of zero for Wujin Water, therefore, it is excluded from the order and CBP will continue not to require a cash deposit or the posting of a bond.

1The China-wide entity includes Changzhou Kewei Fine Chemical Factory.

(See ITA notice for more information, including the scope of the orders, etc.

See ITT's Online Archives or 03/11/09 news, 09031140 and 09031145, for BP summaries of the ITA's final affirmative AD duty determinations.)

Shawn Higgins (China)(202) 482-0679
Brian Smith (India)(202) 482-1766

ITA notice (FR Pub 04/28/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-9679.pdf

ITC final injury determination (FR Pub 04/23/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-9279.pdf