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, 42683-42684 [2010-18098]

Download as PDF 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countervailing duties on all unliquidated relevant entries of potassium phosphate salts from the PRC entered, or withdrawn from warehouse, for consumption on or after March 8, 2010, the date on which the Department published its preliminary affirmative countervailing duty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 42684 Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Notices 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 In the Final Determination we determined that several companies qualified for a separate rate. See Final Determination, 75 FR at 30378. In the preliminary determination, we stated that the antidumping duty margin for companies receiving a separate rate would be based on an average of the rates submitted in the Petition. See Certain Potassium Phosphate Salts From the People’s Republic of China: Preliminary Determination of Sales at Less Than Fair Value 75 FR 12508 (March 16, 2010) (Preliminary Determination). For the Preliminary Determination, the Department calculated the average margin for the separate rate companies based on the margins in the petition for TKPP, DKP and anhydrous monopotassium phosphate (‘‘MKP’’). However, as explained below, because the ITC made a negative determination of material injury with respect to MKP, the Department is basing its calculation of the separate rate margin on the petition margins for TKPP and DKP only. Therefore, the separate rate margin has been amended to 62.23 percent. The PRC-wide rate of 95.4 percent was based on the highest margin alleged in the petition. Because the highest petition margin of 95.4 percent was for DKP, the DKP and TKPP PRC-wide rate has not changed. The revised dumping margins are listed in the chart below. Antidumping Duty Order Antidumping Duty Order On July 15, 2010, in accordance with section 735(d) of the Act, the ITC notified the Department of its final determination in this investigation. 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 antidumping 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 antidumping duties with respect to these entries. 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 antidumping duties. Therefore, in accordance with section 736(a)(1) of the Act, the Department will direct CBP to assess, upon further instruction by the Department, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise for all relevant entries of certain potassium phosphate salts from the PRC. These antidumping duties will be assessed on unliquidated entries of DKP and TKPP from the PRC entered, or withdrawn from the warehouse, for consumption on or after March 16, 2010, the date on which the Department published its Preliminary Determination. Effective on the date of publication of the ITC’s final affirmative injury determination, CBP will require, at the same time as importers would normally deposit estimated duties on this merchandise, a cash deposit equal to the estimated weighted-average antidumping duty margins as listed below. See section 736(a)(3) of the Act. The ‘‘PRC-wide’’ rate applies to all exporters of subject merchandise not specifically listed. The weightedaverage dumping margins are as follows: Weightedaverage margin Supplier Snow-Apple Group Limited ........................................................... Tianjin Chengyi International Trading (Tianjin) Co., Limited ........ Tianjin Chengyi International Trading (Tianjin) Co., Limited ........ Wenda Co., Ltd ............................................................................. Yunnan Newswift Company Ltd .................................................... Yunnan Newswift Company Ltd .................................................... Yunnan Newswift Company Ltd .................................................... PRC-Wide 1 ................................................................................... sroberts on DSKD5P82C1PROD with NOTICES Exporter Chengdu Long Tai Biotechnology Co., Ltd ................................. Zhenjiang Dantu Guangming Auxiliary Material Factory ............. Sichuan Shifang Hongsheng Chemicals Co., Ltd ....................... Thermphos (China) Food Additive Co., Ltd ................................ Guangxi Yizhou Yisheng Fine Chemicals Co., Ltd ..................... Mainzhu Hanwang Mineral Salt Chemical Co., Ltd .................... Sichuan Shengfeng Phosphate Chemical Co., Ltd ..................... ...................................................................................................... This notice constitutes the antidumping duty order with respect to certain potassium phosphate salts from the PRC pursuant to section 736(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 antidumping duty orders currently in effect. This notice is published in accordance with sections 735(d) and 736(a) of the Act and 19 CFR 351.210(c) and 351.211. Dated: July 19, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2010–18098 Filed 7–21–10; 8:45 am] BILLING CODE 3510–DS–P 1 The PRC-wide rate includes Sichuan Blue Sword Import and Export Co., Ltd., and SD BNI (LYG) Co., Ltd. VerDate Mar<15>2010 18:46 Jul 21, 2010 Jkt 220001 62.23 62.23 62.23 62.23 62.23 62.23 62.23 95.40 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XX29 Endangered and Threatened Species; Initiation of a 5-year Review of the Baiji/Chinese River Dolphin/Yangtze River Dolphin National Marine Fisheries Service (NMFS), National Oceanic and AGENCY: PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\22JYN1.SGM 22JYN1

Agencies

[Federal Register Volume 75, Number 140 (Thursday, July 22, 2010)]
[Notices]
[Pages 42683-42684]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-18098]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-962]


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

AGENCY: 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 antidumping duty order on 
certain potassium phosphate salts from the People's Republic of China 
(``PRC'').

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

    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 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.

[[Page 42684]]

    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

    In the Final Determination we determined that several companies 
qualified for a separate rate. See Final Determination, 75 FR at 30378. 
In the preliminary determination, we stated that the antidumping duty 
margin for companies receiving a separate rate would be based on an 
average of the rates submitted in the Petition. See Certain Potassium 
Phosphate Salts From the People's Republic of China: Preliminary 
Determination of Sales at Less Than Fair Value 75 FR 12508 (March 16, 
2010) (Preliminary Determination). For the Preliminary Determination, 
the Department calculated the average margin for the separate rate 
companies based on the margins in the petition for TKPP, DKP and 
anhydrous monopotassium phosphate (``MKP''). However, as explained 
below, because the ITC made a negative determination of material injury 
with respect to MKP, the Department is basing its calculation of the 
separate rate margin on the petition margins for TKPP and DKP only. 
Therefore, the separate rate margin has been amended to 62.23 percent. 
The PRC-wide rate of 95.4 percent was based on the highest margin 
alleged in the petition. Because the highest petition margin of 95.4 
percent was for DKP, the PRC-wide rate has not changed. The revised 
dumping margins are listed in the chart below.

Antidumping Duty Order

Antidumping Duty Order

    On July 15, 2010, in accordance with section 735(d) of the Act, the 
ITC notified the Department of its final determination in this 
investigation. 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 antidumping 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 
antidumping 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 antidumping duties.
    Therefore, in accordance with section 736(a)(1) of the Act, the 
Department will direct CBP to assess, upon further instruction by the 
Department, antidumping duties equal to the amount by which the normal 
value of the merchandise exceeds the export price (or constructed 
export price) of the merchandise for all relevant entries of certain 
potassium phosphate salts from the PRC. These antidumping duties will 
be assessed on unliquidated entries of DKP and TKPP from the PRC 
entered, or withdrawn from the warehouse, for consumption on or after 
March 16, 2010, the date on which the Department published its 
Preliminary Determination.
    Effective on the date of publication of the ITC's final affirmative 
injury determination, CBP will require, at the same time as importers 
would normally deposit estimated duties on this merchandise, a cash 
deposit equal to the estimated weighted-average antidumping duty 
margins as listed below. See section 736(a)(3) of the Act. The ``PRC-
wide'' rate applies to all exporters of subject merchandise not 
specifically listed. The weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                              Weighted-
             Exporter                      Supplier            average
                                                                margin
------------------------------------------------------------------------
Snow-Apple Group Limited.........  Chengdu Long Tai                62.23
                                    Biotechnology Co., Ltd.
Tianjin Chengyi International      Zhenjiang Dantu                 62.23
 Trading (Tianjin) Co., Limited.    Guangming Auxiliary
                                    Material Factory.
Tianjin Chengyi International      Sichuan Shifang                 62.23
 Trading (Tianjin) Co., Limited.    Hongsheng Chemicals
                                    Co., Ltd.
Wenda Co., Ltd...................  Thermphos (China) Food          62.23
                                    Additive Co., Ltd.
Yunnan Newswift Company Ltd......  Guangxi Yizhou Yisheng          62.23
                                    Fine Chemicals Co., Ltd.
Yunnan Newswift Company Ltd......  Mainzhu Hanwang Mineral         62.23
                                    Salt Chemical Co., Ltd.
Yunnan Newswift Company Ltd......  Sichuan Shengfeng               62.23
                                    Phosphate Chemical Co.,
                                    Ltd.
PRC-Wide \1\.....................  ........................        95.40
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
certain potassium phosphate salts from the PRC pursuant to section 
736(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 antidumping duty orders currently in 
effect.
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    \1\ The PRC-wide rate includes Sichuan Blue Sword Import and 
Export Co., Ltd., and SD BNI (LYG) Co., Ltd.
---------------------------------------------------------------------------

    This notice is published in accordance with sections 735(d) and 
736(a) of the Act and 19 CFR 351.210(c) and 351.211.

    Dated: July 19, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-18098 Filed 7-21-10; 8:45 am]
BILLING CODE 3510-DS-P