Certain Potassium Phosphate Salts From the People's Republic of China: Final Results of the Expedited Second Five-Year Sunset Review of the Countervailing Duty Order, 13314-13315 [2021-04767]

Download as PDF 13314 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices estimated weighted-average dumping margin. These suspension-of-liquidation instructions will remain in effect until further notice. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. Because Commerce’s final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of aluminum 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 antidumping duty (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CBP to assess, upon further instruction by Commerce, AD duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of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. jbell on DSKJLSW7X2PROD with NOTICES 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. Appendix I Scope of the Investigation The products covered by this investigation are common alloy aluminum sheet, which is VerDate Sep<11>2014 19:05 Mar 05, 2021 Jkt 253001 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. 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. PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Changes from the Preliminary Determination IV. Discussion of the Issues Comment 1: Duty Drawback Adjustment Comment 2: Whether to Apply Partial Adverse Facts Available to Impol’s Reported Yield Loss and NonRecoverable Scrap Cost Comment 3: Calculation of Impol d.o.o.’s General and Administrative Expenses V. Recommendation [FR Doc. 2021–04729 Filed 3–5–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–963] Certain Potassium Phosphate Salts From the People’s Republic of China: Final Results of the Expedited Second Five-Year Sunset Review of the Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this second sunset review, the Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on certain potassium phosphate salts (phosphate salts) from the People’s Republic of China (China) would be likely to lead to continuation or recurrence of countervailable subsidies at the levels indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. DATES: Applicable March 8, 2021. FOR FURTHER INFORMATION CONTACT: Mark Hoadley, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3148. SUPPLEMENTARY INFORMATION: AGENCY: Background On July 22, 2010, Commerce published its CVD order on phosphate salts from China in the Federal Register.1 On November 3, 2020, Commerce published the notice of initiation of the second sunset review of the Order, pursuant to section 751(c) of 1 See Certain Potassium Phosphate Salts from the People’s Republic of China: Countervailing Duty Order, 75 FR 42682 (July 22, 2010) (Order). E:\FR\FM\08MRN1.SGM 08MRN1 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices the Tariff Act of 1930, as amended (the Act).2 Commerce received a notice of intent to participate from ILC Performance Products LP (ILC) and Prayon, Inc. (Prayon) (collectively, domestic interested parties), within the deadline specified in 19 CFR 351.218(d)(1)(i).3 ILC and Prayon claimed interested party status under section 771(9)(C) of the Act, as both are producers of the domestic like product in the United States. Commerce received a substantive response from the domestic interested parties 4 within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). We received no substantive response from any other domestic or interested parties in this proceeding, nor was a hearing requested. On December 23, 2020, Commerce notified the U.S. International Trade Commission (ITC) 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 jbell on DSKJLSW7X2PROD with NOTICES The merchandise covered by the scope of the Order is phosphate salts. Imports of merchandise included within the scope of the Order are currently classifiable under subheadings 2835.24.0000 and 2835.39.1000 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise covered by the scope of the Order is dispositive. For a complete description of the scope of the Order, see the accompanying Issues and Decision Memorandum.6 2 See Initiation of Five-Year (Sunset) Reviews, 85 FR 69585 (November 3, 2020). 3 See Domestic Interested Parties’ Letter, ‘‘Potassium Phosphate Salts from the People’s Republic of China: Notice of Intent to Participate,’’ dated November 18, 2020. 4 See Domestic Interested Parties’ Letter, ‘‘Potassium Phosphate Salts from the People’s Republic of China: Substantive Response to the 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. 6 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Expedited Second Sunset Review of the Countervailing 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). VerDate Sep<11>2014 19:05 Mar 05, 2021 Jkt 253001 Analysis of Comments Received All issues raised in this sunset review are addressed in the Issues and Decision Memorandum. 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 the 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 on the internet at http:// enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Final Results of Sunset Review Pursuant to sections 751(c)(1) and 752(b) of the Act, we determine that revocation of the CVD order on phosphate salts from China would be likely to lead to continuation or recurrence of countervailable subsidies at the following rates: Manufacturers/producers/ exporters Net countervailable subsidy (percent) Lianyungang Mupro Import Export Co Ltd. ................... Mianyang Aostar Phosphate Chemical Industry Co. Ltd. Shifang Anda Chemicals Co. Ltd. .................................... All Others .............................. 109.11 109.11 109.11 109.11 Administrative Protective Order (APO) This notice also serves as the only reminder to 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 the final results and this notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act, and 19 CFR 351.218. PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 13315 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. History of the Order IV. Scope of the Order V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of a Countervailable Subsidy 2. Net Countervailable Subsidy Rates Likely to Prevail 3. Nature of the Subsidies VII. Final Results of Review VIII. Recommendation [FR Doc. 2021–04767 Filed 3–5–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–489–840] Common Alloy Aluminum Sheet From the Republic of Turkey: Final Affirmative Countervailing Duty Determination and Final Affirmative Determination of Critical Circumstances, in Part The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of common alloy aluminum sheet (aluminum sheet) from the Republic of Turkey (Turkey). DATES: Applicable March 8, 2021. FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3586. SUPPLEMENTARY INFORMATION: SUMMARY: Background On August 14, 2020, Commerce published the Preliminary Determination in the Federal Register.1 In addition to the Government of Turkey (GOT), the mandatory respondents in this investigation are Assan Aluminyum 1 See Common Alloy Aluminum Sheet from the Republic of Turkey: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Determination of Critical Circumstances in Part, and Alignment of Final Determination with Final Antidumping Duty Determination, 85 FR 49629 (August 14, 2020) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. E:\FR\FM\08MRN1.SGM 08MRN1

Agencies

[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Notices]
[Pages 13314-13315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04767]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-963]


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

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

SUMMARY: As a result of this second sunset review, the Department of 
Commerce (Commerce) finds that revocation of the countervailing duty 
(CVD) order on certain potassium phosphate salts (phosphate salts) from 
the People's Republic of China (China) would be likely to lead to 
continuation or recurrence of countervailable subsidies at the levels 
indicated in the ``Final Results of Sunset Review'' section of this 
notice.

DATES: Applicable March 8, 2021.

FOR FURTHER INFORMATION CONTACT: Mark Hoadley, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3148.

SUPPLEMENTARY INFORMATION:

Background

    On July 22, 2010, Commerce published its CVD order on phosphate 
salts from China in the Federal Register.\1\ On November 3, 2020, 
Commerce published the notice of initiation of the second sunset review 
of the Order, pursuant to section 751(c) of

[[Page 13315]]

the Tariff Act of 1930, as amended (the Act).\2\ Commerce received a 
notice of intent to participate from ILC Performance Products LP (ILC) 
and Prayon, Inc. (Prayon) (collectively, domestic interested parties), 
within the deadline specified in 19 CFR 351.218(d)(1)(i).\3\ ILC and 
Prayon claimed interested party status under section 771(9)(C) of the 
Act, as both are producers of the domestic like product in the United 
States.
---------------------------------------------------------------------------

    \1\ See Certain Potassium Phosphate Salts from the People's 
Republic of China: Countervailing Duty Order, 75 FR 42682 (July 22, 
2010) (Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 69585 
(November 3, 2020).
    \3\ See Domestic Interested Parties' Letter, ``Potassium 
Phosphate Salts from the People's Republic of China: Notice of 
Intent to Participate,'' dated November 18, 2020.
---------------------------------------------------------------------------

    Commerce received a substantive response from the domestic 
interested parties \4\ within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i). We received no substantive response from any other 
domestic or interested parties in this proceeding, nor was a hearing 
requested.
---------------------------------------------------------------------------

    \4\ See Domestic Interested Parties' Letter, ``Potassium 
Phosphate Salts from the People's Republic of China: Substantive 
Response to the Notice of Initiation of Five-Year (Sunset) Review of 
the Antidumping Duty Order and Countervailing Duty Order,'' dated 
December 3, 2020.
---------------------------------------------------------------------------

    On December 23, 2020, Commerce notified the U.S. International 
Trade Commission (ITC) 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.
---------------------------------------------------------------------------

    \5\ See Commerce's Letter, ``Sunset Reviews for November 2020,'' 
dated December 23, 2020.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the scope of the Order is phosphate 
salts. Imports of merchandise included within the scope of the Order 
are currently classifiable under subheadings 2835.24.0000 and 
2835.39.1000 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Although the HTSUS subheadings are provided for convenience 
and customs purposes, the written description of the merchandise 
covered by the scope of the Order is dispositive. For a complete 
description of the scope of the Order, see the accompanying Issues and 
Decision Memorandum.\6\
---------------------------------------------------------------------------

    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Expedited Second Sunset Review of the 
Countervailing 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).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in this sunset review are addressed in the Issues 
and Decision Memorandum. 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 the 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 on the internet at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision 
Memorandum are identical in content.

Final Results of Sunset Review

    Pursuant to sections 751(c)(1) and 752(b) of the Act, we determine 
that revocation of the CVD order on phosphate salts from China would be 
likely to lead to continuation or recurrence of countervailable 
subsidies at the following rates:

------------------------------------------------------------------------
                                                               Net
                                                         countervailable
           Manufacturers/producers/ exporters                subsidy
                                                            (percent)
------------------------------------------------------------------------
Lianyungang Mupro Import Export Co Ltd.................        109.11
Mianyang Aostar Phosphate Chemical Industry Co. Ltd....        109.11
Shifang Anda Chemicals Co. Ltd.........................        109.11
All Others.............................................        109.11
------------------------------------------------------------------------

Administrative Protective Order (APO)

    This notice also serves as the only reminder to 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 the final results and this notice in 
accordance with sections 751(c), 752(b), 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. History of the Order
IV. Scope of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of a Countervailable 
Subsidy
    2. Net Countervailable Subsidy Rates Likely to Prevail
    3. Nature of the Subsidies
VII. Final Results of Review
VIII. Recommendation

[FR Doc. 2021-04767 Filed 3-5-21; 8:45 am]
BILLING CODE 3510-DS-P