Certain Sodium and Potassium Phosphate Salts From the People's Republic of China: Initiation of Countervailing Duty Investigation, 54778-54781 [E9-25571]
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Federal Register / Vol. 74, No. 204 / Friday, October 23, 2009 / Notices
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[FR Doc. E9–25527 Filed 10–22–09; 8:45 am]
BILLING CODE 3410–DM–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–963]
Certain Sodium and Potassium
Phosphate Salts From the People’s
Republic of China: Initiation of
Countervailing Duty Investigation
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 23, 2009.
FOR FURTHER INFORMATION CONTACT:
Yasmin Nair or Joseph Shuler, AD/CVD
Operations, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202)
482–3813 and (202) 482–1293,
respectively.
SUPPLEMENTARY INFORMATION:
The Petition
APPALACHIAN STATES LOW-LEVEL
RADIOACTIVE WASTE COMMISSION
Annual Meeting
Time and Date: 10 a.m.–12:30 p.m.
November 6, 2009.
Place: Harrisburg Hilton and Towers,
One North Second Street, Harrisburg,
PA 17101.
Status: The meeting will be open to
the public.
Matters to be Considered:
Portions Open to the Public: The
primary purpose of this meeting is to (1)
review the independent auditors’ report
of Commission’s financial statements for
fiscal year 2008–2009; (2) Review the
Low-Level Radioactive Waste (LLRW)
Disposal and Storage information for
2008; (3) Consider a proposed budget for
fiscal year 2010–2011; (4) Review
regional and national issues regarding
LLRW storage, management and
disposal; and (5) Elect the Commission’s
Officers.
Portions Closed to the Public:
Executive Session, if deemed necessary,
will be announced at the meeting.
Contact Person for More Information:
Rich Janati, Administrator of the
Commission, at 717–787–2163.
Rich Janati,
Administrator, Appalachian Compact
Commission.
[FR Doc. E9–25502 Filed 10–22–09; 8:45 am]
BILLING CODE P
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On September 24, 2009, the
Department of Commerce
(‘‘Department’’) received a petition filed
in proper form by ICL Performance
Products LP and Prayon, Inc.
(collectively, ‘‘Petitioners’’), domestic
producers of certain sodium and
potassium phosphate salts.1 In response
to the Department’s requests, Petitioners
provided timely information
supplementing the Petition on October
1, 2009.
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(‘‘the Act’’), Petitioners allege that
manufacturers, producers, or exporters
of sodium and potassium phosphate
salts in the People’s Republic of China
(‘‘PRC’’) receive countervailable
subsidies within the meaning of section
701 of the Act, and that such imports
are materially injuring, or threatening
material injury to, an industry in the
United States.
The Department finds that Petitioners
filed the Petition on behalf of the
domestic industry because they are
interested parties as defined in section
771(9)(C) and (D) of the Act, and
Petitioners have demonstrated sufficient
industry support with respect to the
countervailing duty (‘‘CVD’’)
investigation (see ‘‘Determination of
Industry Support for the Petition’’
section below).
1 See Petition for the Imposition of Antidumping
and Countervailing Duties Pursuant to Sections 701
and 731 of the Tariff Act of 1930, as Amended:
Certain Sodium and Potassium Phosphate Salts
from the People’s Republic of China, dated
September 24, 2009 (‘‘Petition’’).
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Federal Register / Vol. 74, No. 204 / Friday, October 23, 2009 / Notices
Period of Investigation
The period of investigation is January
1, 2008, through December 31, 2008.
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Scope of Investigation
The phosphate salts covered by this
investigation include Sodium
Tripolyphosphate (‘‘STPP’’), whether
anhydrous or in solution, anhydrous
Monopotassium Phosphate (‘‘MKP’’),
anhydrous Dipotassium Phosphate
(‘‘DKP’’) and Tetrapotassium
Pyrophosphate (‘‘TKPP’’), whether
anhydrous or in solution (collectively
‘‘phosphate salts’’).
STPP, also known as Sodium
triphosphate, Tripoly or Pentasodium
triposphate, is a sodium polyphosphate
with the formula Na5O10P3. The
American Chemical Society, Chemical
Abstract Service (‘‘CAS’’) registry
number for STPP is 7758–29–4. STPP is
typically 25% phosphorus, 31% sodium
and and 57% diphosphorus pentoxide
(P2O5). STPP is classified under heading
2835.31.0000, HTSUS.
TKPP, also known as normal
potassium pyrophosphate,
Diphosphoric acid or Tetrapotassium
salt, is a potassium salt with the formula
K4P2O7. The CAS registry number for
TKPP is 7320–34–5. TKPP is typically
18.7% phosphorus and 47.3%
potassium. It is generally greater than or
equal to 43.0% P2O5 content. TKPP is
classified under heading 2835.39.1000,
HTSUS.
MKP, also known as Potassium
dihydrogen phosphate, KDP, or
Monobasic potassium phosphate, is a
potassium salt with the formula
KH2PO4. The CAS registry number for
MKP is 7778–77–0. MKP is typically
22.7% phosphorus, 28.7% potassium
and 52% P2O5. MKP is classified under
heading 2835.24.0000, HTSUS.
DKP, also known as Dipotassium salt,
Dipotassium hydrogen orthophosphate
or Potassium phosphate, dibasic, has a
chemical formula of K2HPO4. The CAS
registry number for DKP is 7758–11–4.
DKP is typically 17.8% phosphorus,
44.8% potassium and 40% P2O5
content. DKP is classified under heading
2835.24.0000, HTSUS.
The products covered by this
investigation include the foregoing
phosphate salts in all grades, whether
food grade or technical grade. The
product covered by this investigation
includes anhydrous MKP and DKP
without regard to the physical form,
whether crushed, granule, powder or
fines. Also covered are all forms of
STPP and TKPP, whether crushed,
granule, powder, fines or solution.
For purposes of the investigation, the
narrative description is dispositive, not
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the tariff heading, American Chemical
Society, CAS registry number or CAS
name, or the specific percentage
chemical composition identified above.
Comments on Scope of Investigation
During our review of the Petition, we
discussed the scope with Petitioners to
ensure that it is an accurate reflection of
the products for which the domestic
industry is seeking relief. Moreover, as
discussed in the preamble to the
Department’s regulations (Antidumping
Duties; Countervailing Duties; Final
Rule, 62 FR 27296, 27323 (May 19,
1997)), we are setting aside a period for
interested parties to raise issues
regarding product coverage. The
Department encourages all interested
parties to submit such comments by
November 3, 2009, twenty calendar days
from the signature date of this notice.
Comments should be addressed to
Import Administration’s APO/Dockets
Unit, Room 1870, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230.
The period of scope consultations is
intended to provide the Department
with ample opportunity to consider all
comments and to consult with parties
prior to the issuance of the preliminary
determinations.
Consultations
Pursuant to section 702(b)(4)(A)(ii) of
the Act, on September 25, 2009, the
Department invited representatives of
the Government of the PRC for
consultations with respect to the CVD
petition. The Government of the PRC
did not request such consultations. On
October 13, 2009, the GOC requested
that the Department extend the deadline
for consultations. The Department
responded that it could not extend this
deadline for pre-initiation consultations,
but would consult with the GOC in the
course of this proceeding if initiated, as
required by Article 13.2 of the Subsidies
and Countervailing Measures
Agreement.
Determination of Industry Support for
the Petition
Section 702(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 702(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
Petition account for: (i) At least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
Petition. Moreover, section 702(c)(4)(D)
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54779
of the Act provides that, if the Petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
the Department shall: (i) Poll the
industry or rely on other information in
order to determine if there is support for
the Petition, as required by
subparagraph (A), or (ii) determine
industry support using a statistically
valid sampling method.
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs the Department to look to
producers and workers who produce the
domestic like product. The U.S.
International Trade Commission
(‘‘ITC’’), which is responsible for
determining whether ‘‘the domestic
industry’’ has been injured, must also
determine what constitutes a domestic
like product in order to define the
industry. While both the Department
and the ITC must apply the same
statutory definition regarding the
domestic like product (section 771(10)
of the Act), they do so for different
purposes and pursuant to a separate and
distinct authority. In addition, the
Department’s determination is subject to
limitations of time and information.
Although this may result in different
definitions of the like product, such
differences do not render the decision of
either agency contrary to law. See
USEC, Inc. v. United States, 132 F.
Supp. 2d 1, 8 (CIT 2001), citing Algoma
Steel Corp. Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff’d 865
F.2d 240 (Fed. Cir. 1989), cert. denied
492 U.S. 919 (1989).
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this subtitle.’’
Although the reference point from
which the domestic like product
analysis begins is usually ‘‘the article
subject to an investigation’’ (i.e., the
class or kind of merchandise to be
investigated, which normally will be the
scope as defined in the Petition),
Petitioners submit that there is one class
or kind of merchandise, but four
domestic like products.
The four like products, when
considered together, correspond to the
product scope description. Based on our
analysis of the information submitted on
the record, we have determined that
STPP, MKP, DKP, and TKPP constitute
four domestic like products and we
have analyzed industry support in terms
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Federal Register / Vol. 74, No. 204 / Friday, October 23, 2009 / Notices
of those domestic like products. For a
discussion of the domestic like product
analysis in this case, see
‘‘Countervailing Duty Investigation
Initiation Checklist: Certain Sodium and
Potassium Phosphate Salts from the
People’s Republic of China (‘‘Initiation
Checklist’’), at Attachment II, Analysis
of Industry Support for the Petitions
Covering Certain Sodium and Potassium
Phosphate Salts from the People’s
Republic of China, on file in the Central
Records Unit (‘‘CRU’’), Room 1117 of
the main Department of Commerce
building.
With regard to section 702(c)(4)(A) of
the Act, in determining whether
Petitioners have standing (i.e., the
domestic workers and producers
supporting the Petition account for (1) at
least 25 percent of the total production
of the domestic like product and (2)
more than 50 percent of the production
of the domestic like product produced
by that portion of the industry
expressing support for, or opposition to,
the Petition), we considered the
industry support data contained in the
Petition with reference to the domestic
like products. To establish industry
support, Petitioners provided their own
production volume of the domestic like
products for calendar year 2008, and
compared that to total production
volume of the domestic like products for
the industry. We have relied upon data
Petitioners provided for purposes of
measuring industry support. For further
discussion, see Initiation Checklist at
Attachment II.
The Department’s review of the data
provided in the Petition, supplemental
submissions, and other information
readily available to the Department
indicates that Petitioners have
established industry support for each of
the four like products. First, the Petition
establishes support from domestic
producers (or workers) accounting for
more than 50 percent of the total
production of the domestic like
products and, as such, the Department
is not required to take further action in
order to evaluate industry support (e.g.,
polling). See section 702(c)(4)(D) of the
Act and Initiation Checklist at
Attachment II. Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petition
account for at least 25 percent of the
total production of the relevant
domestic like product. See Initiation
Checklist at Attachment II. Finally, the
domestic producers (or workers) have
met the statutory criteria for industry
support under section 702(c)(4)(A)(ii) of
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15:24 Oct 22, 2009
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the Act because the domestic producers
(or workers) who support the Petition
account for more than 50 percent of the
production of the relevant domestic like
product produced by that portion of the
industry expressing support for, or
opposition to, the Petition. Accordingly,
the Department determines that the
Petition was filed on behalf of the
domestic industry within the meaning
of section 702(b)(1) of the Act. See
Initiation Checklist at Attachment II.
The Department finds that Petitioners
filed the Petition on behalf of the
domestic industry because they are
interested parties as defined in sections
771(9)(C) of the Act and have
demonstrated sufficient industry
support with respect to the
countervailing duty investigation that
they are requesting the Department
initiate. See Initiation Checklist at
Attachment II.
Injury Test
Because the PRC is a ‘‘Subsidies
Agreement Country’’ within the
meaning of section 701(b) of the Act,
section 701(a)(2) of the Act applies to
this investigation. Accordingly, the ITC
must determine whether imports of the
subject merchandise from the PRC
materially injure, or threaten material
injury to, a U.S. industry.
Allegations and Evidence of Material
Injury and Causation
Petitioners allege that imports of
certain sodium and potassium
phosphate salts from the PRC are
benefitting from countervailable
subsidies and that such imports are
causing, or threaten to cause, material
injury to the domestic industry
producing certain sodium and
potassium phosphate salts. In addition,
Petitioners allege that subsidized
imports exceed the negligibility
threshold provided for under section
771(24)(A) of the Act.
Petitioners contend that the
industries’ injured condition is
illustrated by reduced market share,
underselling and price depressing and
suppressing effects, lost sales and
revenue, reduced production, reduced
capacity and capacity utilization,
reduced shipments, reduced
employment, and an overall decline in
financial performance. We have
assessed the allegations and supporting
evidence regarding material injury,
threat of material injury, and causation,
and we have determined that these
allegations are properly supported by
adequate evidence and meet the
statutory requirements for initiation. See
Initiation Checklist at Attachment III
(Analysis of Injury Allegations and
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Evidence of Material Injury and
Causation).
Initiation of Countervailing Duty
Investigation
Section 702(b) of the Act requires the
Department to initiate a CVD proceeding
whenever an interested party files a
petition on behalf of an industry that:
(1) Alleges the elements necessary for an
imposition of a duty under section
701(a) of the Act; and (2) is
accompanied by information reasonably
available to the Petitioner(s) supporting
the allegations.
The Department has examined the
CVD petition on sodium and potassium
phosphate salts from the PRC and finds
that it complies with the requirements
of section 702(b) of the Act. Therefore,
in accordance with section 702(b) of the
Act, we are initiating a CVD
investigation to determine whether
manufacturers, producers, or exporters
of sodium and potassium phosphate
salts in the PRC receive countervailable
subsidies. For a discussion of evidence
supporting our initiation determination,
see Initiation Checklist.
We are including in our investigation
the following programs alleged in the
Petition to have provided
countervailable subsidies to producers
and exporters of the subject
merchandise in the PRC:
A. Income Tax Programs
1. ‘‘Two Free, Three Half’’ Tax
Exemption for Foreign Invested
Enterprises (‘‘FIEs’’).
2. Income Tax Subsidies for FIEs
Based on Geographic Location.
3. Income Tax Exemption Programs
For Export-Oriented FIEs.
4. Local Income Tax Exemption or
Reduction Program for ‘‘Productive’’
FIEs.
5. Preferential Tax Subsidies for
Research and Development by FIEs.
6. Reduced Income Tax Rate for Highand New-Technology Enterprises.
7. Income Tax Credit on Purchases of
Domestically Produced Equipment.
8. Reduction in or Exemption from
the Fixed Assets Investment Orientation
Regulatory Tax.
B. Grant Programs
1. Subsidies to Loss-Making StateOwned Enterprises (‘‘SOEs’’) by the
Government of China (‘‘GOC’’) at the
National Level.
2. Subsidies to Loss-Making SOEs by
the GOC at the Provincial Level.
3. Grants Pursuant to the State Key
Technology Renovation Project Fund.
4. Grants Pursuant to the ‘‘Famous
Brands’’ Program.
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Federal Register / Vol. 74, No. 204 / Friday, October 23, 2009 / Notices
C. Tariff and Indirect Tax Exemption
Programs
1. Value Added Tax (‘‘VAT’’) Refunds
for FIEs Purchasing Domestically
Produced Equipment.
D. VAT and Tariff Exemptions on
Imported Equipment
E. Preferential Lending Policies
1. Discounted Loans for Export
Oriented Industries (‘‘Honorable
Enterprises’’).
F. Government Restraints on Exports of
Yellow Phosphorus
For further information explaining why
the Department is investigating these
programs, see Initiation Checklist.
We are not including in our
investigation the following program
alleged to benefit producers and
exporters of the subject merchandise in
the PRC:
Provision of Electricity for Less Than
Adequate Remuneration
Petitioners allege that the GOC,
through the National Development and
Reform Commission, regulates the
power rates for certain industries,
including the yellow phosphorus
industry and that differential rates are
provided to the yellow phosphorus
industry. Petitioners have not provided
information that supports the allegation
that differential pricing of electricity is
provided to producers of the subject
merchandise. Consequently, we do not
plan on investigating this program.
CPrice-Sewell on DSKGBLS3C1PROD with NOTICES
Respondent Selection
For this investigation, the Department
expects to select respondents based on
U.S. Customs and Border Protection
(‘‘CBP’’) data for U.S. imports during the
period of investigation. We intend to
release the CBP data under the
Administrative Protective Order
(‘‘APO’’) to all parties with access to
information protected by APO within
five days of the announcement of the
initiation of this investigation.
Interested parties may submit comments
regarding the CBP data and respondent
selection within seven calendar days of
publication of this notice. We intend to
make our decision regarding respondent
selection within 20 days of publication
of this Federal Register notice.
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305(b).
Instructions for filing such applications
may be found on the Department’s Web
site at https://ia.ita.doc.gov/apo.
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Distribution of Copies of the Petition
In accordance with section
702(b)(4)(A)(i) of the Act, a copy of the
public version of the Petition has been
provided to the Government of the PRC.
As soon as and to the extent practicable,
we will attempt to provide a copy of the
public version of the Petition to each
exporter named in the Petition,
consistent with section 351.203(c)(2) of
the Department’s regulations.
ITC Notification
We have notified the ITC of our
initiation, as required by section 702(d)
of the Act and 19 CFR 351.203(c)(1).
Preliminary Determination by the ITC
The ITC will preliminarily determine,
within 25 days after the date on which
it receives notice of the initiation,
whether there is a reasonable indication
that imports of subsidized sodium and
potassium phosphate salts from the PRC
are causing material injury, or
threatening to cause material injury, to
a U.S. industry. See section 703(a)(2) of
the Act. A negative ITC determination
will result in the investigation being
terminated; otherwise, the investigation
will proceed according to statutory and
regulatory time limits.
This notice is issued and published
pursuant to section 777(i) of the Act and
19 CFR 351.203(c)(1).
Dated: October 14, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Attachment I
Scope of the Investigation
The phosphate salts covered by this
investigation include Sodium
Tripolyphosphate (STPP), whether
anhydrous or in solution, anhydrous
Monopotassium Phosphate (MKP),
anhydrous Dipotassium Phosphate
(DKP) and Tetrapotassium
Pyrophosphate (TKPP), whether
anhydrous or in solution (collectively
‘‘phosphate salts’’).
STPP, also known as Sodium
triphosphate, Tripoly or Pentasodium
triposphate, is a sodium polyphosphate
with the formula Na5O10P3. The
American Chemical Society, Chemical
Abstract Service (‘‘CAS’’) registry
number for STPP is 7758–29–4. STPP is
typically 25% phosphorus, 31% sodium
and and 57% diphosphorus pentoxide
(P2O5). STPP is classified under heading
2835.31.0000, HTSUS.
TKPP, also known as normal
potassium pyrophosphate,
Diphosphoric acid or Tetrapotassium
salt, is a potassium salt with the formula
K4P2O7. The CAS registry number for
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54781
TKPP is 7320–34–5. TKPP is typically
18.7% phosphorus and 47.3%
potassium. It is generally greater than or
equal to 43.0% P2O5 content. TKPP is
classified under heading 2835.39.1000,
HTSUS.
MKP, also known as Potassium
dihydrogen phosphate, KDP, or
Monobasic potassium phosphate, is a
potassium salt with the formula
KH2PO4. The CAS registry number for
MKP is 7778–77–0. MKP is typically
22.7% phosphorus, 28.7% potassium
and 52% P2O5. MKP is classified under
heading 2835.24.0000, HTSUS.
DKP, also known as Dipotassium salt,
Dipotassium hydrogen orthophosphate
or Potassium phosphate, dibasic, has a
chemical formula of K2HPO4. The CAS
registry number for DKP is 7758–11–4.
DKP is typically 17.8% phosphorus,
44.8% potassium and 40% P2O5
content. DKP is classified under heading
2835.24.0000, HTSUS.
The products covered by this
investigation include the foregoing
phosphate salts in all grades, whether
food grade or technical grade. The
product covered by this investigation
includes anhydrous MKP and DKP
without regard to the physical form,
whether crushed, granule, powder or
fines. Also covered are all forms of
STPP and TKPP, whether crushed,
granule, powder, fines or solution.
For purposes of the investigation, the
narrative description is dispositive, not
the tariff heading, American Chemical
Society, CAS registry number or CAS
name, or the specific percentage
chemical composition identified above.
[FR Doc. E9–25571 Filed 10–22–09; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
[Docket Number: 0910051336–91337–01]
Draft Report on the Collapse of the
Dallas Cowboys Indoor Practice
Facility, May 2, 2009; Request for
Comments
AGENCY: National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice; request for comments.
SUMMARY: The National Institute of
Standards and Technology (NIST) seeks
comments on the draft report of its
study of the Dallas Cowboys Indoor
Practice Facility Collapse, May 2, 2009.
DATES: Comments must be received on
or before 12 noon Eastern Time,
November 6, 2009.
E:\FR\FM\23OCN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 204 (Friday, October 23, 2009)]
[Notices]
[Pages 54778-54781]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25571]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-963]
Certain Sodium and Potassium Phosphate Salts From the People's
Republic of China: Initiation of Countervailing Duty Investigation
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 23, 2009.
FOR FURTHER INFORMATION CONTACT: Yasmin Nair or Joseph Shuler, AD/CVD
Operations, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-3813 and (202) 482-1293,
respectively.
SUPPLEMENTARY INFORMATION:
The Petition
On September 24, 2009, the Department of Commerce (``Department'')
received a petition filed in proper form by ICL Performance Products LP
and Prayon, Inc. (collectively, ``Petitioners''), domestic producers of
certain sodium and potassium phosphate salts.\1\ In response to the
Department's requests, Petitioners provided timely information
supplementing the Petition on October 1, 2009.
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\1\ See Petition for the Imposition of Antidumping and
Countervailing Duties Pursuant to Sections 701 and 731 of the Tariff
Act of 1930, as Amended: Certain Sodium and Potassium Phosphate
Salts from the People's Republic of China, dated September 24, 2009
(``Petition'').
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In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (``the Act''), Petitioners allege that manufacturers,
producers, or exporters of sodium and potassium phosphate salts in the
People's Republic of China (``PRC'') receive countervailable subsidies
within the meaning of section 701 of the Act, and that such imports are
materially injuring, or threatening material injury to, an industry in
the United States.
The Department finds that Petitioners filed the Petition on behalf
of the domestic industry because they are interested parties as defined
in section 771(9)(C) and (D) of the Act, and Petitioners have
demonstrated sufficient industry support with respect to the
countervailing duty (``CVD'') investigation (see ``Determination of
Industry Support for the Petition'' section below).
[[Page 54779]]
Period of Investigation
The period of investigation is January 1, 2008, through December
31, 2008.
Scope of Investigation
The phosphate salts covered by this investigation include Sodium
Tripolyphosphate (``STPP''), whether anhydrous or in solution,
anhydrous Monopotassium Phosphate (``MKP''), anhydrous Dipotassium
Phosphate (``DKP'') and Tetrapotassium Pyrophosphate (``TKPP''),
whether anhydrous or in solution (collectively ``phosphate salts'').
STPP, also known as Sodium triphosphate, Tripoly or Pentasodium
triposphate, is a sodium polyphosphate with the formula
Na5O10P3. The American Chemical
Society, Chemical Abstract Service (``CAS'') registry number for STPP
is 7758-29-4. STPP is typically 25% phosphorus, 31% sodium and and 57%
diphosphorus pentoxide (P2O5). STPP is classified
under heading 2835.31.0000, HTSUS.
TKPP, also known as normal potassium pyrophosphate, Diphosphoric
acid or Tetrapotassium salt, is a potassium salt with the formula
K4P2O7. The CAS registry number for
TKPP is 7320-34-5. TKPP is typically 18.7% phosphorus and 47.3%
potassium. It is generally greater than or equal to 43.0%
P2O5 content. TKPP is classified under heading
2835.39.1000, HTSUS.
MKP, also known as Potassium dihydrogen phosphate, KDP, or
Monobasic potassium phosphate, is a potassium salt with the formula
KH2PO4. The CAS registry number for MKP is 7778-
77-0. MKP is typically 22.7% phosphorus, 28.7% potassium and 52%
P2O5. MKP is classified under heading
2835.24.0000, HTSUS.
DKP, also known as Dipotassium salt, Dipotassium hydrogen
orthophosphate or Potassium phosphate, dibasic, has a chemical formula
of K2HPO4. The CAS registry number for DKP is
7758-11-4. DKP is typically 17.8% phosphorus, 44.8% potassium and 40%
P2O5 content. DKP is classified under heading
2835.24.0000, HTSUS.
The products covered by this investigation include the foregoing
phosphate salts in all grades, whether food grade or technical grade.
The product covered by this investigation includes anhydrous MKP and
DKP without regard to the physical form, whether crushed, granule,
powder or fines. Also covered are all forms of STPP and TKPP, whether
crushed, granule, powder, fines or solution.
For purposes of the investigation, the narrative description is
dispositive, not the tariff heading, American Chemical Society, CAS
registry number or CAS name, or the specific percentage chemical
composition identified above.
Comments on Scope of Investigation
During our review of the Petition, we discussed the scope with
Petitioners to ensure that it is an accurate reflection of the products
for which the domestic industry is seeking relief. Moreover, as
discussed in the preamble to the Department's regulations (Antidumping
Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19,
1997)), we are setting aside a period for interested parties to raise
issues regarding product coverage. The Department encourages all
interested parties to submit such comments by November 3, 2009, twenty
calendar days from the signature date of this notice. Comments should
be addressed to Import Administration's APO/Dockets Unit, Room 1870,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230. The period of scope consultations is intended to
provide the Department with ample opportunity to consider all comments
and to consult with parties prior to the issuance of the preliminary
determinations.
Consultations
Pursuant to section 702(b)(4)(A)(ii) of the Act, on September 25,
2009, the Department invited representatives of the Government of the
PRC for consultations with respect to the CVD petition. The Government
of the PRC did not request such consultations. On October 13, 2009, the
GOC requested that the Department extend the deadline for
consultations. The Department responded that it could not extend this
deadline for pre-initiation consultations, but would consult with the
GOC in the course of this proceeding if initiated, as required by
Article 13.2 of the Subsidies and Countervailing Measures Agreement.
Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the Petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the Petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the Petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, the Department
shall: (i) Poll the industry or rely on other information in order to
determine if there is support for the Petition, as required by
subparagraph (A), or (ii) determine industry support using a
statistically valid sampling method.
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs the Department to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission
(``ITC''), which is responsible for determining whether ``the domestic
industry'' has been injured, must also determine what constitutes a
domestic like product in order to define the industry. While both the
Department and the ITC must apply the same statutory definition
regarding the domestic like product (section 771(10) of the Act), they
do so for different purposes and pursuant to a separate and distinct
authority. In addition, the Department's determination is subject to
limitations of time and information. Although this may result in
different definitions of the like product, such differences do not
render the decision of either agency contrary to law. See USEC, Inc. v.
United States, 132 F. Supp. 2d 1, 8 (CIT 2001), citing Algoma Steel
Corp. Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff'd
865 F.2d 240 (Fed. Cir. 1989), cert. denied 492 U.S. 919 (1989).
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this subtitle.'' Although the reference point from which the
domestic like product analysis begins is usually ``the article subject
to an investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
Petition), Petitioners submit that there is one class or kind of
merchandise, but four domestic like products.
The four like products, when considered together, correspond to the
product scope description. Based on our analysis of the information
submitted on the record, we have determined that STPP, MKP, DKP, and
TKPP constitute four domestic like products and we have analyzed
industry support in terms
[[Page 54780]]
of those domestic like products. For a discussion of the domestic like
product analysis in this case, see ``Countervailing Duty Investigation
Initiation Checklist: Certain Sodium and Potassium Phosphate Salts from
the People's Republic of China (``Initiation Checklist''), at
Attachment II, Analysis of Industry Support for the Petitions Covering
Certain Sodium and Potassium Phosphate Salts from the People's Republic
of China, on file in the Central Records Unit (``CRU''), Room 1117 of
the main Department of Commerce building.
With regard to section 702(c)(4)(A) of the Act, in determining
whether Petitioners have standing (i.e., the domestic workers and
producers supporting the Petition account for (1) at least 25 percent
of the total production of the domestic like product and (2) more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petition), we considered the industry support data contained in the
Petition with reference to the domestic like products. To establish
industry support, Petitioners provided their own production volume of
the domestic like products for calendar year 2008, and compared that to
total production volume of the domestic like products for the industry.
We have relied upon data Petitioners provided for purposes of measuring
industry support. For further discussion, see Initiation Checklist at
Attachment II.
The Department's review of the data provided in the Petition,
supplemental submissions, and other information readily available to
the Department indicates that Petitioners have established industry
support for each of the four like products. First, the Petition
establishes support from domestic producers (or workers) accounting for
more than 50 percent of the total production of the domestic like
products and, as such, the Department is not required to take further
action in order to evaluate industry support (e.g., polling). See
section 702(c)(4)(D) of the Act and Initiation Checklist at Attachment
II. Second, the domestic producers (or workers) have met the statutory
criteria for industry support under section 702(c)(4)(A)(i) of the Act
because the domestic producers (or workers) who support the Petition
account for at least 25 percent of the total production of the relevant
domestic like product. See Initiation Checklist at Attachment II.
Finally, the domestic producers (or workers) have met the statutory
criteria for industry support under section 702(c)(4)(A)(ii) of the Act
because the domestic producers (or workers) who support the Petition
account for more than 50 percent of the production of the relevant
domestic like product produced by that portion of the industry
expressing support for, or opposition to, the Petition. Accordingly,
the Department determines that the Petition was filed on behalf of the
domestic industry within the meaning of section 702(b)(1) of the Act.
See Initiation Checklist at Attachment II.
The Department finds that Petitioners filed the Petition on behalf
of the domestic industry because they are interested parties as defined
in sections 771(9)(C) of the Act and have demonstrated sufficient
industry support with respect to the countervailing duty investigation
that they are requesting the Department initiate. See Initiation
Checklist at Attachment II.
Injury Test
Because the PRC is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from the PRC materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
Petitioners allege that imports of certain sodium and potassium
phosphate salts from the PRC are benefitting from countervailable
subsidies and that such imports are causing, or threaten to cause,
material injury to the domestic industry producing certain sodium and
potassium phosphate salts. In addition, Petitioners allege that
subsidized imports exceed the negligibility threshold provided for
under section 771(24)(A) of the Act.
Petitioners contend that the industries' injured condition is
illustrated by reduced market share, underselling and price depressing
and suppressing effects, lost sales and revenue, reduced production,
reduced capacity and capacity utilization, reduced shipments, reduced
employment, and an overall decline in financial performance. We have
assessed the allegations and supporting evidence regarding material
injury, threat of material injury, and causation, and we have
determined that these allegations are properly supported by adequate
evidence and meet the statutory requirements for initiation. See
Initiation Checklist at Attachment III (Analysis of Injury Allegations
and Evidence of Material Injury and Causation).
Initiation of Countervailing Duty Investigation
Section 702(b) of the Act requires the Department to initiate a CVD
proceeding whenever an interested party files a petition on behalf of
an industry that: (1) Alleges the elements necessary for an imposition
of a duty under section 701(a) of the Act; and (2) is accompanied by
information reasonably available to the Petitioner(s) supporting the
allegations.
The Department has examined the CVD petition on sodium and
potassium phosphate salts from the PRC and finds that it complies with
the requirements of section 702(b) of the Act. Therefore, in accordance
with section 702(b) of the Act, we are initiating a CVD investigation
to determine whether manufacturers, producers, or exporters of sodium
and potassium phosphate salts in the PRC receive countervailable
subsidies. For a discussion of evidence supporting our initiation
determination, see Initiation Checklist.
We are including in our investigation the following programs
alleged in the Petition to have provided countervailable subsidies to
producers and exporters of the subject merchandise in the PRC:
A. Income Tax Programs
1. ``Two Free, Three Half'' Tax Exemption for Foreign Invested
Enterprises (``FIEs'').
2. Income Tax Subsidies for FIEs Based on Geographic Location.
3. Income Tax Exemption Programs For Export-Oriented FIEs.
4. Local Income Tax Exemption or Reduction Program for
``Productive'' FIEs.
5. Preferential Tax Subsidies for Research and Development by FIEs.
6. Reduced Income Tax Rate for High- and New-Technology
Enterprises.
7. Income Tax Credit on Purchases of Domestically Produced
Equipment.
8. Reduction in or Exemption from the Fixed Assets Investment
Orientation Regulatory Tax.
B. Grant Programs
1. Subsidies to Loss-Making State-Owned Enterprises (``SOEs'') by
the Government of China (``GOC'') at the National Level.
2. Subsidies to Loss-Making SOEs by the GOC at the Provincial
Level.
3. Grants Pursuant to the State Key Technology Renovation Project
Fund.
4. Grants Pursuant to the ``Famous Brands'' Program.
[[Page 54781]]
C. Tariff and Indirect Tax Exemption Programs
1. Value Added Tax (``VAT'') Refunds for FIEs Purchasing
Domestically Produced Equipment.
D. VAT and Tariff Exemptions on Imported Equipment
E. Preferential Lending Policies
1. Discounted Loans for Export Oriented Industries (``Honorable
Enterprises'').
F. Government Restraints on Exports of Yellow Phosphorus
For further information explaining why the Department is investigating
these programs, see Initiation Checklist.
We are not including in our investigation the following program
alleged to benefit producers and exporters of the subject merchandise
in the PRC:
Provision of Electricity for Less Than Adequate Remuneration
Petitioners allege that the GOC, through the National Development
and Reform Commission, regulates the power rates for certain
industries, including the yellow phosphorus industry and that
differential rates are provided to the yellow phosphorus industry.
Petitioners have not provided information that supports the allegation
that differential pricing of electricity is provided to producers of
the subject merchandise. Consequently, we do not plan on investigating
this program.
Respondent Selection
For this investigation, the Department expects to select
respondents based on U.S. Customs and Border Protection (``CBP'') data
for U.S. imports during the period of investigation. We intend to
release the CBP data under the Administrative Protective Order
(``APO'') to all parties with access to information protected by APO
within five days of the announcement of the initiation of this
investigation. Interested parties may submit comments regarding the CBP
data and respondent selection within seven calendar days of publication
of this notice. We intend to make our decision regarding respondent
selection within 20 days of publication of this Federal Register
notice.
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on the Department's Web site at https://ia.ita.doc.gov/apo.
Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A)(i) of the Act, a copy of
the public version of the Petition has been provided to the Government
of the PRC. As soon as and to the extent practicable, we will attempt
to provide a copy of the public version of the Petition to each
exporter named in the Petition, consistent with section 351.203(c)(2)
of the Department's regulations.
ITC Notification
We have notified the ITC of our initiation, as required by section
702(d) of the Act and 19 CFR 351.203(c)(1).
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 25 days after the date
on which it receives notice of the initiation, whether there is a
reasonable indication that imports of subsidized sodium and potassium
phosphate salts from the PRC are causing material injury, or
threatening to cause material injury, to a U.S. industry. See section
703(a)(2) of the Act. A negative ITC determination will result in the
investigation being terminated; otherwise, the investigation will
proceed according to statutory and regulatory time limits.
This notice is issued and published pursuant to section 777(i) of
the Act and 19 CFR 351.203(c)(1).
Dated: October 14, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Attachment I
Scope of the Investigation
The phosphate salts covered by this investigation include Sodium
Tripolyphosphate (STPP), whether anhydrous or in solution, anhydrous
Monopotassium Phosphate (MKP), anhydrous Dipotassium Phosphate (DKP)
and Tetrapotassium Pyrophosphate (TKPP), whether anhydrous or in
solution (collectively ``phosphate salts'').
STPP, also known as Sodium triphosphate, Tripoly or Pentasodium
triposphate, is a sodium polyphosphate with the formula
Na5O10P3. The American Chemical
Society, Chemical Abstract Service (``CAS'') registry number for STPP
is 7758-29-4. STPP is typically 25% phosphorus, 31% sodium and and 57%
diphosphorus pentoxide (P2O5). STPP is classified
under heading 2835.31.0000, HTSUS.
TKPP, also known as normal potassium pyrophosphate, Diphosphoric
acid or Tetrapotassium salt, is a potassium salt with the formula
K4P2O7. The CAS registry number for
TKPP is 7320-34-5. TKPP is typically 18.7% phosphorus and 47.3%
potassium. It is generally greater than or equal to 43.0%
P2O5 content. TKPP is classified under heading
2835.39.1000, HTSUS.
MKP, also known as Potassium dihydrogen phosphate, KDP, or
Monobasic potassium phosphate, is a potassium salt with the formula
KH2PO4. The CAS registry number for MKP is 7778-
77-0. MKP is typically 22.7% phosphorus, 28.7% potassium and 52%
P2O5. MKP is classified under heading
2835.24.0000, HTSUS.
DKP, also known as Dipotassium salt, Dipotassium hydrogen
orthophosphate or Potassium phosphate, dibasic, has a chemical formula
of K2HPO4. The CAS registry number for DKP is
7758-11-4. DKP is typically 17.8% phosphorus, 44.8% potassium and 40%
P2O5 content. DKP is classified under heading
2835.24.0000, HTSUS.
The products covered by this investigation include the foregoing
phosphate salts in all grades, whether food grade or technical grade.
The product covered by this investigation includes anhydrous MKP and
DKP without regard to the physical form, whether crushed, granule,
powder or fines. Also covered are all forms of STPP and TKPP, whether
crushed, granule, powder, fines or solution.
For purposes of the investigation, the narrative description is
dispositive, not the tariff heading, American Chemical Society, CAS
registry number or CAS name, or the specific percentage chemical
composition identified above.
[FR Doc. E9-25571 Filed 10-22-09; 8:45 am]
BILLING CODE 3510-DS-P
