Certain Potassium Phosphate Salts From the People's Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 42682-42683 [2010-18093]

Download as PDF 42682 Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Notices (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: July 16, 2010. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. 2010–17846 Filed 7–21–10; 8:45 am] BILLING CODE 3510–KE–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–963] Certain Potassium Phosphate Salts From the People’s Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (the Department) and the U.S. International Trade Commission (ITC), the Department is issuing a countervailing duty order on certain potassium phosphate salts (phosphate salts) from the People’s Republic of China (PRC). DATES: Effective Date: July 22, 2010. FOR FURTHER INFORMATION CONTACT: Andrew Huston, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–4261. SUPPLEMENTARY INFORMATION: sroberts on DSKD5P82C1PROD with NOTICES AGENCY: Background In accordance with section 705(d) of the Tariff Act of 1930, as amended (the Act), on June 1, 2010, the Department published its final determination in the countervailing duty investigation of phosphate salts from the PRC. See Certain Potassium Phosphate Salts From the People’s Republic of China: Final Affirmative Countervailing Duty VerDate Mar<15>2010 18:46 Jul 21, 2010 Jkt 220001 Determination and Termination of Critical Circumstances Inquiry, 75 FR 30375 (June 1, 2010). On July 15, 2010, the ITC notified the Department of its final determination, pursuant to section 705(b)(1)(A)(i) of the Act, that an industry in the United States is materially injured by reason of subsidized imports of subject merchandise from the PRC. See Certain Potassium Phosphate Salts From the People’s Republic of China, USITC Publication 4171, Investigation Nos. 701–TA–473 and 731–TA–1173 (Final) (July 2010). Pursuant to section 706(a) of the Act, the Department is publishing a countervailing duty order on the subject merchandise. Scope of the Order The phosphate salts covered by this order include anhydrous Dipotassium Phosphate (DKP) and Tetrapotassium Pyrophosphate (TKPP), whether anhydrous or in solution (collectively ‘‘phosphate salts’’). 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, Harmonized Tariff Schedule of the United States (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 order include the foregoing phosphate salts in all grades, whether food grade or technical grade. The product covered by this order includes anhydrous DKP without regard to the physical form, whether crushed, granule, powder or fines. Also covered are all forms of TKPP, whether crushed, granule, powder, fines or solution. For purposes of the order, 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. Amendment to the Final Determination Pursuant to the ITC’s final determination, the scope of this investigation, and of this order, has changed. As noted above, the ITC PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 reached a negative determination regarding Monopotassium Phosphate (MKP), a type of salt that was included within the scope of the investigation by the Department and in our final determination. As a result of this negative determination by the ITC, no order can be issued on imports of MKP from the PRC. Therefore, the scope language cited above has been amended from the Department’s final determination to remove references to MKP. The rates established by the Department in the final determination were based on adverse facts available findings, none of which were specific to MKP. Thus, there have been no revisions to our final determination rates, or to any other aspect of our final determination, outside of the revised scope definition. Countervailing Duty Order On July 15, 2010, the ITC notified the Department of its final determination, pursuant to section 705(b)(1)(A)(i) of the Act, that an industry in the United States is materially injured as a result of subsidized imports of phosphate salts from the PRC. In its determination, the ITC found three domestic like products (DKP, TKPP, and MKP) covering the scope of subject merchandise subject to the investigation. The ITC made affirmative determinations with respect to DKP and TKPP, and a negative determination with respect to MKP. Since the ITC made different affirmative injury determinations for domestic like products, the Department must instruct U.S. Customs and Border Protection (CBP) to assess countervailing duties on entries of DKP and TKPP separately from MKP. MKP Because the ITC made a negative determination of material injury with respect to MKP, the Department will direct CBP to terminate the suspension of liquidation for entries of MKP from the PRC entered, or withdrawn from warehouse, and to release any bond or other security, and refund any cash deposit, posted to secure the payment of estimated countervailing duties with respect to these entries. DKP and TKPP Because the ITC determined that imports of DKP and TKPP from the PRC are materially injuring a U.S. industry, all unliquidated entries of such potassium phosphate salts from the PRC, entered or withdrawn from warehouse, are subject to the assessment of countervailing duties. In accordance with section 706(a) of the Act, the Department will direct CBP E:\FR\FM\22JYN1.SGM 22JYN1 42683 Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Notices to assess, upon further instruction by the Department, countervailing duties on all unliquidated relevant entries of potassium phosphate salts from the PRC entered, or withdrawn from warehouse, for consumption on or after March 8, 2010, the date on which the Department published its preliminary affirmative countervailing duty determination in the Federal Register, and before July 6, 2010, the date on which the Department instructed CBP to discontinue the suspension of liquidation in accordance with section 703(d) of the Act. See Certain Potassium Phosphate Salts from the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Countervailing Duty Determination with Final Antidumping Duty Determination, 75 FR 10466 (March 8, 2010). Section 703(d) of the Act states that the suspension of liquidation pursuant to a preliminary determination may not remain in effect for more than four months. Entries of potassium phosphate salts made on or after July 6, 2010, and prior to the date of publication of the ITC’s final determination in the Federal Register, are not liable for the assessment of countervailing duties, due to the Department’s discontinuation, effective July 6, 2010, of the suspension of liquidation. In accordance with section 706 of the Act, the Department will direct CBP to reinstitute the suspension of liquidation for DKP and TKPP from the PRC, effective the date of publication of the ITC’s notice of final determination in the Federal Register, and to assess, upon further advice by the Department pursuant to section 706(a)(1) of the Act, countervailing duties for each entry of the subject merchandise in an amount based on the net countervailable subsidy rates for the subject merchandise. On or after the date of publication of the ITC’s final injury determination in the Federal Register, CBP must require, at the same time as importers would normally deposit estimated duties on this merchandise, a cash deposit equal to the rates noted below: Producer/exporter Subsidy rate Lianyungang Mupro Import Export Co Ltd ................................................................................................................... Mianyang Aostar Phosphate Chemical Industry Co. Ltd ............................................................................................. Shifang Anda Chemicals Co. Ltd ................................................................................................................................. All-Others ...................................................................................................................................................................... This notice constitutes the countervailing duty order with respect to phosphate salts from the PRC pursuant to section 706(a) of the Act. Interested parties may contact the Department’s Central Records Unit, Room 1117 of the main Commerce building, for copies of an updated list of countervailing duty orders currently in effect. This notice is issued and published in accordance with sections 705(c)(2), 706(a) and 777(i)(1) of the Act, and 19 CFR 351.211. Dated: July 19, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–962] sroberts on DSKD5P82C1PROD with NOTICES Certain Potassium Phosphate Salts From the People’s Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (the ‘‘Department’’) and the International Trade Commission (‘‘ITC’’), the Department is issuing an VerDate Mar<15>2010 18:46 Jul 21, 2010 Jkt 220001 DATES: Effective Date: July 22, 2010. FOR FURTHER INFORMATION CONTACT: Kathleen Marksberry, 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) 482–7906. SUPPLEMENTARY INFORMATION Background [FR Doc. 2010–18093 Filed 7–21–10; 8:45 am] AGENCY: antidumping duty order on certain potassium phosphate salts from the People’s Republic of China (‘‘PRC’’). In accordance with sections 735(d) and 777(i)(1) of the Tariff Act of 1930, as amended, (‘‘Act’’), the Department published the final determination of sales at less than fair value (‘‘LTFV’’) in the antidumping investigation of certain potassium phosphate salts from the PRC. See Certain Potassium Phosphate Salts from the People’s Republic of China: Final Determination of Sales at Less Than Fair Value and Termination of Critical Circumstances Inquiry, 75 FR 30377 (June 1, 2010) (Final Determination). On July 15, 2010, the ITC notified the Department of its affirmative determination of material injury to a U.S. industry. See Certain Potassium Phosphate Salts from the People’s Republic of China, USITC Publication 4171, Investigation Nos. 701–TA–473 and 731–TA–1173 (Final) (July 2010). Pursuant to section 736(a) of the Act, the Department is issuing the antidumping duty order on certain PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 109.11 109.11 109.11 109.11 percent percent percent percent ad ad ad ad valorem. valorem. valorem. valorem. potassium phosphate salts from the PRC. Scope of the Order The phosphate salts covered by this order include anhydrous Dipotassium Phosphate (‘‘DKP’’) and Tetrapotassium Pyrophosphate (‘‘TKPP’’), whether anhydrous or in solution (collectively ‘‘phosphate salts’’). 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, Harmonized Tariff Schedule of the United States (‘‘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 order include the foregoing phosphate salts in all grades, whether food grade or technical grade. The products covered by this order includes anhydrous DKP without regard to the physical form, whether crushed, granule, powder or fines. Also covered are all forms of TKPP, whether crushed, granule, powder, fines or solution. E:\FR\FM\22JYN1.SGM 22JYN1

Agencies

[Federal Register Volume 75, Number 140 (Thursday, July 22, 2010)]
[Notices]
[Pages 42682-42683]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-18093]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-963]


Certain Potassium Phosphate Salts From the People's Republic of 
China: Amended Final Affirmative Countervailing Duty Determination and 
Countervailing Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the U.S. International Trade Commission 
(ITC), the Department is issuing a countervailing duty order on certain 
potassium phosphate salts (phosphate salts) from the People's Republic 
of China (PRC).

DATES: Effective Date: July 22, 2010.

FOR FURTHER INFORMATION CONTACT: Andrew Huston, AD/CVD Operations, 
Office 6, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-4261.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with section 705(d) of the Tariff Act of 1930, as 
amended (the Act), on June 1, 2010, the Department published its final 
determination in the countervailing duty investigation of phosphate 
salts from the PRC. See Certain Potassium Phosphate Salts From the 
People's Republic of China: Final Affirmative Countervailing Duty 
Determination and Termination of Critical Circumstances Inquiry, 75 FR 
30375 (June 1, 2010).
    On July 15, 2010, the ITC notified the Department of its final 
determination, pursuant to section 705(b)(1)(A)(i) of the Act, that an 
industry in the United States is materially injured by reason of 
subsidized imports of subject merchandise from the PRC. See Certain 
Potassium Phosphate Salts From the People's Republic of China, USITC 
Publication 4171, Investigation Nos. 701-TA-473 and 731-TA-1173 (Final) 
(July 2010). Pursuant to section 706(a) of the Act, the Department is 
publishing a countervailing duty order on the subject merchandise.

Scope of the Order

    The phosphate salts covered by this order include anhydrous 
Dipotassium Phosphate (DKP) and Tetrapotassium Pyrophosphate (TKPP), 
whether anhydrous or in solution (collectively ``phosphate salts'').
    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, Harmonized Tariff Schedule of the United States (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 order include the foregoing phosphate 
salts in all grades, whether food grade or technical grade. The product 
covered by this order includes anhydrous DKP without regard to the 
physical form, whether crushed, granule, powder or fines. Also covered 
are all forms of TKPP, whether crushed, granule, powder, fines or 
solution.
    For purposes of the order, 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.

Amendment to the Final Determination

    Pursuant to the ITC's final determination, the scope of this 
investigation, and of this order, has changed. As noted above, the ITC 
reached a negative determination regarding Monopotassium Phosphate 
(MKP), a type of salt that was included within the scope of the 
investigation by the Department and in our final determination. As a 
result of this negative determination by the ITC, no order can be 
issued on imports of MKP from the PRC. Therefore, the scope language 
cited above has been amended from the Department's final determination 
to remove references to MKP. The rates established by the Department in 
the final determination were based on adverse facts available findings, 
none of which were specific to MKP. Thus, there have been no revisions 
to our final determination rates, or to any other aspect of our final 
determination, outside of the revised scope definition.

Countervailing Duty Order

    On July 15, 2010, the ITC notified the Department of its final 
determination, pursuant to section 705(b)(1)(A)(i) of the Act, that an 
industry in the United States is materially injured as a result of 
subsidized imports of phosphate salts from the PRC. In its 
determination, the ITC found three domestic like products (DKP, TKPP, 
and MKP) covering the scope of subject merchandise subject to the 
investigation. The ITC made affirmative determinations with respect to 
DKP and TKPP, and a negative determination with respect to MKP. Since 
the ITC made different affirmative injury determinations for domestic 
like products, the Department must instruct U.S. Customs and Border 
Protection (CBP) to assess countervailing duties on entries of DKP and 
TKPP separately from MKP.

MKP

    Because the ITC made a negative determination of material injury 
with respect to MKP, the Department will direct CBP to terminate the 
suspension of liquidation for entries of MKP from the PRC entered, or 
withdrawn from warehouse, and to release any bond or other security, 
and refund any cash deposit, posted to secure the payment of estimated 
countervailing duties with respect to these entries.

DKP and TKPP

    Because the ITC determined that imports of DKP and TKPP from the 
PRC are materially injuring a U.S. industry, all unliquidated entries 
of such potassium phosphate salts from the PRC, entered or withdrawn 
from warehouse, are subject to the assessment of countervailing duties.
    In accordance with section 706(a) of the Act, the Department will 
direct CBP

[[Page 42683]]

to assess, upon further instruction by the Department, countervailing 
duties on all unliquidated relevant entries of potassium phosphate 
salts from the PRC entered, or withdrawn from warehouse, for 
consumption on or after March 8, 2010, the date on which the Department 
published its preliminary affirmative countervailing duty determination 
in the Federal Register, and before July 6, 2010, the date on which the 
Department instructed CBP to discontinue the suspension of liquidation 
in accordance with section 703(d) of the Act. See Certain Potassium 
Phosphate Salts from the People's Republic of China: Preliminary 
Affirmative Countervailing Duty Determination and Alignment of Final 
Countervailing Duty Determination with Final Antidumping Duty 
Determination, 75 FR 10466 (March 8, 2010). Section 703(d) of the Act 
states that the suspension of liquidation pursuant to a preliminary 
determination may not remain in effect for more than four months. 
Entries of potassium phosphate salts made on or after July 6, 2010, and 
prior to the date of publication of the ITC's final determination in 
the Federal Register, are not liable for the assessment of 
countervailing duties, due to the Department's discontinuation, 
effective July 6, 2010, of the suspension of liquidation.
    In accordance with section 706 of the Act, the Department will 
direct CBP to reinstitute the suspension of liquidation for DKP and 
TKPP from the PRC, effective the date of publication of the ITC's 
notice of final determination in the Federal Register, and to assess, 
upon further advice by the Department pursuant to section 706(a)(1) of 
the Act, countervailing duties for each entry of the subject 
merchandise in an amount based on the net countervailable subsidy rates 
for the subject merchandise. On or after the date of publication of the 
ITC's final injury determination in the Federal Register, CBP must 
require, at the same time as importers would normally deposit estimated 
duties on this merchandise, a cash deposit equal to the rates noted 
below:

------------------------------------------------------------------------
        Producer/exporter                      Subsidy rate
------------------------------------------------------------------------
Lianyungang Mupro Import Export   109.11 percent ad valorem.
 Co Ltd.
Mianyang Aostar Phosphate         109.11 percent ad valorem.
 Chemical Industry Co. Ltd.
Shifang Anda Chemicals Co. Ltd..  109.11 percent ad valorem.
All-Others......................  109.11 percent ad valorem.
------------------------------------------------------------------------

    This notice constitutes the countervailing duty order with respect 
to phosphate salts from the PRC pursuant to section 706(a) of the Act. 
Interested parties may contact the Department's Central Records Unit, 
Room 1117 of the main Commerce building, for copies of an updated list 
of countervailing duty orders currently in effect.
    This notice is issued and published in accordance with sections 
705(c)(2), 706(a) and 777(i)(1) of the Act, and 19 CFR 351.211.

    Dated: July 19, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-18093 Filed 7-21-10; 8:45 am]
BILLING CODE 3510-DS-P