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]
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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entered, or withdrawn from warehouse,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
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Sfmt 4703
109.11
109.11
109.11
109.11
percent
percent
percent
percent
ad
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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.
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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
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]]>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]
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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
