Certain Potassium Phosphate Salts From the People's Republic of China: Final Results of the Expedited Second Sunset Review of the Antidumping Duty Order, 13311-13312 [2021-04766]

Download as PDF Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices material injury, by reason of imports or sales (or the likelihood of sales) for importation of sheet no later than 45 days after this final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated, and all cash deposits posted will be refunded and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an AD order directing CBP to assess, upon further instruction by Commerce, AD duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. Notification Regarding Administrative Protective Orders This notice will serve as a final reminder to the parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties This determination and this notice are issued and published pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c). Dated: March 1, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. jbell on DSKJLSW7X2PROD with NOTICES Appendix I—Scope of the Investigation The products covered by this investigation are common alloy aluminum sheet, which is a flat-rolled aluminum product having a thickness of 6.3 mm or less, but greater than 0.2 mm, in coils or cut-to-length, regardless of width. Common alloy sheet within the scope of this investigation includes both not clad aluminum sheet, as well as multi-alloy, clad aluminum sheet. With respect to not clad aluminum sheet, common alloy sheet is manufactured from a 1XXX-, 3XXX-, or 5XXX-series alloy as designated by the Aluminum Association. With respect to multi-alloy, clad aluminum sheet, common alloy sheet is produced from a 3XXX-series core, to which cladding layers are applied to either one or both sides of the core. The use of a proprietary alloy or non-proprietary alloy that is not specifically registered by the Aluminum Association as a discrete 1XXX-, 3XXX-, or 5XXX-series alloy, but that otherwise has a chemistry that is consistent with these designations, does not remove an otherwise in-scope product from the scope. VerDate Sep<11>2014 19:05 Mar 05, 2021 Jkt 253001 Common alloy sheet may be made to ASTM specification B209–14 but can also be made to other specifications. Regardless of specification, however, all common alloy sheet meeting the scope description is included in the scope. Subject merchandise includes common alloy sheet that has been further processed in a third country, including but not limited to annealing, tempering, painting, varnishing, trimming, cutting, punching, and/or slitting, or any other processing that would not otherwise remove the merchandise from the scope of this investigation if performed in the country of manufacture of the common alloy sheet. Excluded from the scope of this investigation is aluminum can stock, which is suitable for use in the manufacture of aluminum beverage cans, lids of such cans, or tabs used to open such cans. Aluminum can stock is produced to gauges that range from 0.200 mm to 0.292 mm, and has an H–19, H–41, H–48, H–39, or H–391 temper. In addition, aluminum can stock has a lubricant applied to the flat surfaces of the can stock to facilitate its movement through machines used in the manufacture of beverage cans. Aluminum can stock is properly classified under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7606.12.3045 and 7606.12.3055. Where the nominal and actual measurements vary, a product is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set for the above. Common alloy sheet is currently classifiable under HTSUS subheadings 7606.11.3060, 7606.11.6000, 7606.12.3096, 7606.12.6000, 7606.91.3095, 7606.91.6095, 7606.92.3035, and 7606.92.6095. Further, merchandise that falls within the scope of this investigation may also be entered into the United States under HTSUS subheadings 7606.11.3030, 7606.12.3015, 7606.12.3025, 7606.12.3035, 7606.12.3091, 7606.91.3055, 7606.91.6055, 7606.92.3025, 7606.92.6055, 7607.11.9090. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. Appendix II—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Changes from the Preliminary Determination IV. Application of Facts Available and Use of Adverse Inference V. Discussion of the Issues Comment 1: Whether Commerce’s Application of Adverse Facts Available to Profilglass is Supported by Substantial Evidence and in Accordance with the Law. Comment 2: Whether Commerce Should Use the Earlier of Invoice Date or Shipment Date to Calculate a Margin for Profilglass. Comment 3: Whether Commerce Should Assign the Petition AD Rate as AFA to Profilglass. PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 13311 Comment 4: Whether Total AFA is Appropriate with Respect to Laminazione’s Reported Costs. Comment 5: Whether a Duty Drawback Adjustment for Laminazione is Warranted Comment 6: Whether Commerce’ Partial Reliance on an AFA Rate to Determine the All Others Rate is Supported by the Record. Comment 7: Whether the Geographical Scope of this Investigation Conflicts with the WTO AD Agreement and Application of Adverse Facts Available is Justified. VI. Recommendation [FR Doc. 2021–04739 Filed 3–5–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–962] Certain Potassium Phosphate Salts From the People’s Republic of China: Final Results of the Expedited Second Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) finds that revocation of the antidumping duty order on certain potassium phosphate (salts) from the People’s Republic of China (China) would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. DATES: Applicable March 8, 2021. FOR FURTHER INFORMATION CONTACT: Emily Halle, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0176. SUPPLEMENTARY INFORMATION: AGENCY: Background On July 22, 2010, the Department of Commerce (Commerce) published the antidumping duty order on salts from China.1 On November 3, 2020, Commerce initiated the second sunset review of the Order pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On November 18, 2020, Commerce received a notice of intent to participate in this sunset 1 See Notice of Antidumping Duty Order: 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, 75 FR 42683 (July 22, 2010) (Order). 2 See Initiation of Five-Year (Sunset) Reviews, 85 FR 69585 (November 3, 2020). E:\FR\FM\08MRN1.SGM 08MRN1 13312 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices review from ICL Performance Products LP and Prayon, Inc. (collectively, Domestic Industry), within the deadline specified in 19 CFR 351.218(d)(1)(i).3 The members of the Domestic Industry claimed interested party status under section 771(9)(C) of the Act as producers of the domestic like product in the United States. On December 3, 2020, Commerce received a substantive response from the Domestic Industry within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).4 Commerce received no substantive responses from respondent interested parties, nor was a hearing requested. On December 23, 2020, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from respondent interested parties.5 As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of the Order. Scope of the Order The products covered by the 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 percent phosphorus and 47.3 percent potassium. It is generally greater than or equal to 43.0 percent P2O5 content. TKPP is classified under subheading 2835.39.1000 of the 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 percent phosphorus, 44.8 percent potassium and 40 percent P2O5 content. DKP is classified under subheading 2835.24.0000 HTSUS. The products covered by the Order include the foregoing phosphate salts in jbell on DSKJLSW7X2PROD with NOTICES 3 See Domestic Industry’s Letter, ‘‘Potassium Phosphate Salts from the People’s Republic of China: Notice of Intent to Participate,’’ dated November 18, 2020. 4 See Domestic Industry’s Letter, ‘‘Potassium Phosphate Salts from the People’s Republic of China: Substantive Response to Notice of Initiation of Five-Year (Sunset) Review of the Antidumping Duty Order and Countervailing Duty Order,’’ dated December 3, 2020. 5 See Commerce’s Letter, ‘‘Sunset Reviews for November 2020,’’ dated December 23, 2020. VerDate Sep<11>2014 19:05 Mar 05, 2021 Jkt 253001 all grades, whether food grade or technical grade. The products covered by the Order also include 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, and not the tariff heading, American Chemical Society, CAS registry number or CAS name, or the specific percentage chemical composition identified above. Analysis of Commerce Received All issues raised in this review, including the likelihood of continuation or recurrence of dumping in the event of revocation and the magnitude of the margins likely to prevail if the Order were revoked, are addressed in the accompanying Issues and Decision Memorandum.6 A list of topics discussed in the Issues and Decision Memorandum is included as an appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic version of the Issues and Decision Memorandum are identical in content. Final Results of Sunset Review Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, Commerce determines that revocation of the antidumping duty order on salts from China would likely lead to continuation or recurrence of dumping and that the magnitude of the margins is up to 95.40 percent.7 Administrative Protective Order (APO) This notice serves as the only reminder to interested parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials 6 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Expedited Second Sunset Review of the Antidumping Duty Order on Certain Potassium Phosphate Salts from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 7 See Issues and Decision Memorandum PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties We are issuing and publishing these final results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 351.218. Dated: March 2, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. History of the Order V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of Dumping 2. Magnitude of the Margins Likely to Prevail VII. Final Results of Sunset Review VIII. Recommendation [FR Doc. 2021–04766 Filed 3–5–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–891–001] Common Alloy Aluminum Sheet From Croatia: Final Affirmative Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: The Department of Commerce (Commerce) determines that imports of common alloy aluminum sheet (aluminum sheet) from Croatia are being, or are likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation January 1, 2019, through December 31, 2019. SUMMARY: DATES: Applicable March 8, 2021. FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6905. SUPPLEMENTARY INFORMATION: E:\FR\FM\08MRN1.SGM 08MRN1

Agencies

[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Notices]
[Pages 13311-13312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04766]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-962]


Certain Potassium Phosphate Salts From the People's Republic of 
China: Final Results of the Expedited Second Sunset Review of the 
Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) finds that revocation of 
the antidumping duty order on certain potassium phosphate (salts) from 
the People's Republic of China (China) would be likely to lead to 
continuation or recurrence of dumping at the levels indicated in the 
``Final Results of Sunset Review'' section of this notice.

DATES: Applicable March 8, 2021.

FOR FURTHER INFORMATION CONTACT: Emily Halle, AD/CVD Operations, Office 
V, Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-0176.

SUPPLEMENTARY INFORMATION:

Background

    On July 22, 2010, the Department of Commerce (Commerce) published 
the antidumping duty order on salts from China.\1\ On November 3, 2020, 
Commerce initiated the second sunset review of the Order pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\ On 
November 18, 2020, Commerce received a notice of intent to participate 
in this sunset

[[Page 13312]]

review from ICL Performance Products LP and Prayon, Inc. (collectively, 
Domestic Industry), within the deadline specified in 19 CFR 
351.218(d)(1)(i).\3\ The members of the Domestic Industry claimed 
interested party status under section 771(9)(C) of the Act as producers 
of the domestic like product in the United States. On December 3, 2020, 
Commerce received a substantive response from the Domestic Industry 
within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).\4\ 
Commerce received no substantive responses from respondent interested 
parties, nor was a hearing requested. On December 23, 2020, Commerce 
notified the U.S. International Trade Commission that it did not 
receive an adequate substantive response from respondent interested 
parties.\5\ As a result, pursuant to section 751(c)(3)(B) of the Act 
and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited 
(120-day) sunset review of the Order.
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    \1\ See Notice of Antidumping Duty Order: 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, 75 FR 42683 (July 22, 2010) (Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 69585 
(November 3, 2020).
    \3\ See Domestic Industry's Letter, ``Potassium Phosphate Salts 
from the People's Republic of China: Notice of Intent to 
Participate,'' dated November 18, 2020.
    \4\ See Domestic Industry's Letter, ``Potassium Phosphate Salts 
from the People's Republic of China: Substantive Response to Notice 
of Initiation of Five-Year (Sunset) Review of the Antidumping Duty 
Order and Countervailing Duty Order,'' dated December 3, 2020.
    \5\ See Commerce's Letter, ``Sunset Reviews for November 2020,'' 
dated December 23, 2020.
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Scope of the Order

    The products covered by the 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 percent phosphorus and 47.3 
percent potassium. It is generally greater than or equal to 43.0 
percent P2O5 content. TKPP is classified under 
subheading 2835.39.1000 of the 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 percent phosphorus, 44.8 percent 
potassium and 40 percent P2O5 content. DKP is 
classified under subheading 2835.24.0000 HTSUS.
    The products covered by the Order include the foregoing phosphate 
salts in all grades, whether food grade or technical grade. The 
products covered by the Order also include 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, and not the tariff heading, American Chemical Society, CAS 
registry number or CAS name, or the specific percentage chemical 
composition identified above.

Analysis of Commerce Received

    All issues raised in this review, including the likelihood of 
continuation or recurrence of dumping in the event of revocation and 
the magnitude of the margins likely to prevail if the Order were 
revoked, are addressed in the accompanying Issues and Decision 
Memorandum.\6\ A list of topics discussed in the Issues and Decision 
Memorandum is included as an appendix to this notice. The Issues and 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/. The signed and the electronic 
version of the Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Expedited Second Sunset Review of the 
Antidumping Duty Order on Certain Potassium Phosphate Salts from the 
People's Republic of China,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
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Final Results of Sunset Review

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the antidumping duty order on 
salts from China would likely lead to continuation or recurrence of 
dumping and that the magnitude of the margins is up to 95.40 
percent.\7\
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    \7\ See Issues and Decision Memorandum
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Administrative Protective Order (APO)

    This notice serves as the only reminder to interested parties 
subject to an APO of their responsibility concerning the return or 
destruction of proprietary information disclosed under APO in 
accordance with 19 CFR 351.305. Timely notification of the return or 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and terms 
of an APO is a violation which is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these final results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 
19 CFR 351.218.

    Dated: March 2, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Margins Likely to Prevail
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2021-04766 Filed 3-5-21; 8:45 am]
BILLING CODE 3510-DS-P