Certain Potassium Phosphate Salts From the People's Republic of China: Continuation of Antidumping and Countervailing Duty Orders, 36524-36525 [2021-14756]

Download as PDF 36524 Federal Register / Vol. 86, No. 130 / Monday, July 12, 2021 / Notices Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–8194. SUPPLEMENTARY INFORMATION: Background On August 28, 1986, Commerce published the antidumping duty order on candles from China.1 On March 31, 2021, Commerce published the notice of initiation of the five-year sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On April 2, 2021, Commerce received a notice of intent to participate in this sunset review from the National Candle Association (the petitioner) within the deadline specified in 19 CFR 351.218(d)(1)(i).3 The petitioner claimed interested party status under section 771(9)(C) of the Act as the petitioner in the less-than-fair-value investigation whose members are manufacturers, producers, or wholesalers of the domestic like product. On April 29, 2021, the petitioner provided a complete substantive response for this review within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).4 We received no substantive responses from any other interested parties, nor was a hearing requested. On May 21, 2021, 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 this Order. Scope of the Order The products covered by the Order include certain scented or unscented petroleum wax candles made from petroleum wax and having fiber or paper-cored wicks. For a full description of the scope, see the Issues and Decision Memorandum.6 khammond on DSKJM1Z7X2PROD with NOTICES Analysis of Comments Received All issues raised in this review, including the likelihood of continuation 1 See Antidumping Duty Order: Petroleum Wax Candles from the People’s Republic of China, 51 FR 30686 (August 28, 1986) (Order). 2 See Initiation of Five-Year (Sunset) Reviews, 86 FR 16701 (March 31, 2021). 3 See Petitioner’s Letter, ‘‘Notice of Intent to Participate,’’ dated April 2, 2021. 4 See Petitioner’s Letter, ‘‘Substantive Response,’’ dated April 29, 2021. 5 See Commerce’s Letter, ‘‘Sunset Reviews for April 2021,’’ dated May 21, 2021. 6 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Expedited Fifth Sunset Review of the Countervailing Duty Order on Petroleum Wax Candles from the People’s Republic of China,’’ dated concurrently with, and herby adopted by, this notice (Issues and Decision Memorandum). VerDate Sep<11>2014 17:26 Jul 09, 2021 Jkt 253001 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. 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/. 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 candles from China would likely lead to continuation or recurrence of dumping and that the magnitude of the margin of dumping likely to prevail would be weighted-average margins up to 104.33 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 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: July 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 PO 00000 7 Id. at 8. Frm 00003 Fmt 4703 Sfmt 4703 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. 2021–14710 Filed 7–9–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–962, C–570–963] Certain Potassium Phosphate Salts From the People’s Republic of China: Continuation of Antidumping and Countervailing Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC) that revocation of the antidumping duty (AD) and countervailing duty (CVD) orders on certain potassium phosphate salts (salts) from the People’s Republic of China (China) would likely lead to a continuation or recurrence of dumping, countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing a notice of continuation of these AD and CVD orders. APPLICABLE DATE: Applicable July 12, 2021. AGENCY: FOR FURTHER INFORMATION CONTACT: Emily Halle (AD order) or Mark Hoadley (CVD order), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0176 and (202) 482–3148. SUPPLEMENTARY INFORMATION: Background On July 22, 2010, the Department of Commerce (Commerce) published the AD and CVD orders on salts from China.1 On November 1, 2020, the ITC instituted,2 and on November 3, 2020, 1 See 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); see also Certain Potassium Phosphate Salts from the People’s Republic of China: Countervailing Duty Order, 75 FR 42682 (July 22, 2010) (collectively, Orders). 2 See Potassium Phosphate Salts from China; Institution of Five-Year Reviews, 85 FR 69352 (November 2, 2020). E:\FR\FM\12JYN1.SGM 12JYN1 Federal Register / Vol. 86, No. 130 / Monday, July 12, 2021 / Notices Commerce initiated,3 the second sunset review of the Orders, pursuant to section 751(c) of the Tariff Act of 1930 as amended (the Act). As a result of its reviews, Commerce determined that a revocation of the Orders would likely lead to continuation or recurrence of dumping and countervailable subsidies and, therefore, notified the ITC of the magnitude of the margins and net subsidy rates likely to prevail should the Orders be revoked.4 On July 7, 2021, the ITC published its determinations, pursuant to sections 751(c) and 752(a) of the Act, that revocation of the Orders would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.5 khammond on DSKJM1Z7X2PROD with NOTICES Scope of the Orders The products covered by the Orders 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 heading 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 heading 2835.24.0000, HTSUS. The products covered by these Orders include the foregoing phosphate salts in all grades, whether food grade or technical grade. The products covered by these Orders includes anhydrous DKP without regard to the physical 3 See Initiation of Five-Year (Sunset) Reviews, 85 FR 69585 (November 3, 2020). 4 See Certain Potassium Phosphate Salts from the People’s Republic of China: Final Results of the Expedited Second Sunset Review of the Antidumping Duty Order, 86 FR 13311 (March 8, 2021); see also, 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, 86 FR 13314 (March 8, 2021). 5 See Potassium Phosphate Salts from China, 86 FR 35827 (July 7, 2021). VerDate Sep<11>2014 17:26 Jul 09, 2021 Jkt 253001 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 Orders, 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. Continuation of the Orders As a result of the determinations by Commerce and the ITC that revocation of the Orders would likely lead to a continuation or a recurrence of dumping and countervailable subsidies, as well as material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation of the Orders. U.S. Customs and Border Protection will continue to collect AD and CVD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the Orders will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR 351.218(c)(2), Commerce intends to initiate the next five-year review of the Orders not later than 30 days prior to the fifth anniversary of the effective date of continuation. Administrative Protective Order This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return/destruction or conversion to judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which may be subject to sanctions. Notification to Interested Parties These five-year sunset reviews and this notice are in accordance with sections 751(c) and 751(d)(2) of the Act and published in accordance with section 777(i)(1) of the Act and 19 CFR 351.218(f)(4). Dated: July 7, 2021. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2021–14756 Filed 7–9–21; 8:45 am] BILLING CODE 3510–DS–P PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 36525 DEPARTMENT OF COMMERCE International Trade Administration [A–122–857] Initiation and Preliminary Results of Changed Circumstances Review: Certain Softwood Lumber Products From Canada Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is initiating a changed circumstances review (CCR) of the antidumping duty (AD) order on certain softwood lumber products (softwood lumber) from Canada and simultaneously issuing preliminary results finding CHAP Alliance, Inc. (CHAP) to be the successor-in-interest to L’Atelier de Readaption au Travail de Beauce Inc. (L’Atelier). DATES: Applicable July 12, 2021. FOR FURTHER INFORMATION CONTACT: Maisha Cryor, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5831. SUPPLEMENTARY INFORMATION: AGENCY: Background On January 3, 2018, Commerce published in the Federal Register an AD order on softwood lumber from Canada.1 On May 5, 2021, Commerce received a request on behalf of CHAP for an expedited CCR to establish CHAP as the successor-in-interest to L’Atelier with respect to the Order.2 On June 8, 2021, Commerce informed CHAP that it required additional information in order to determine whether to initiate the requested CCR.3 On June 24, 2021, CHAP provided the requested information.4 Scope of the Order The merchandise covered by the Order is softwood lumber, siding, flooring and certain other coniferous wood (softwood lumber products). 1 See Certain Softwood Lumber Products from Canada: Antidumping Duty Order and Partial Amended Final Determination, 83 FR 350 (January 3, 2018) (Order). 2 See CHAP’s Letter, ‘‘Certain Softwood Lumber from Canada: L’Atelier de Re´adaptation au Travail de Beauce Inc. Request for Changed Circumstances Reviews,’’ dated May 5, 2021 (CCR Request). 3 See Commerce’s Letter, ‘‘Changed Circumstances Review of Certain Softwood Lumber Products from Canada: Supplemental Questionnaire,’’ dated June 8, 2021. 4 See CHAP’s Letter, ‘‘Certain Softwood Lumber from Canada: Supplemental Questionnaire Response,’’ dated June 24, 2021. E:\FR\FM\12JYN1.SGM 12JYN1

Agencies

[Federal Register Volume 86, Number 130 (Monday, July 12, 2021)]
[Notices]
[Pages 36524-36525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14756]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-962, C-570-963]


Certain Potassium Phosphate Salts From the People's Republic of 
China: Continuation of Antidumping and Countervailing Duty Orders

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

SUMMARY: As a result of the determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC) that 
revocation of the antidumping duty (AD) and countervailing duty (CVD) 
orders on certain potassium phosphate salts (salts) from the People's 
Republic of China (China) would likely lead to a continuation or 
recurrence of dumping, countervailable subsidies, and material injury 
to an industry in the United States, Commerce is publishing a notice of 
continuation of these AD and CVD orders.

APPLICABLE DATE: Applicable July 12, 2021.

FOR FURTHER INFORMATION CONTACT: Emily Halle (AD order) or Mark Hoadley 
(CVD order), AD/CVD Operations, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0176 
and (202) 482-3148.

SUPPLEMENTARY INFORMATION:

Background

    On July 22, 2010, the Department of Commerce (Commerce) published 
the AD and CVD orders on salts from China.\1\ On November 1, 2020, the 
ITC instituted,\2\ and on November 3, 2020,

[[Page 36525]]

Commerce initiated,\3\ the second sunset review of the Orders, pursuant 
to section 751(c) of the Tariff Act of 1930 as amended (the Act). As a 
result of its reviews, Commerce determined that a revocation of the 
Orders would likely lead to continuation or recurrence of dumping and 
countervailable subsidies and, therefore, notified the ITC of the 
magnitude of the margins and net subsidy rates likely to prevail should 
the Orders be revoked.\4\
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    \1\ See 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); 
see also Certain Potassium Phosphate Salts from the People's 
Republic of China: Countervailing Duty Order, 75 FR 42682 (July 22, 
2010) (collectively, Orders).
    \2\ See Potassium Phosphate Salts from China; Institution of 
Five-Year Reviews, 85 FR 69352 (November 2, 2020).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 69585 
(November 3, 2020).
    \4\ See Certain Potassium Phosphate Salts from the People's 
Republic of China: Final Results of the Expedited Second Sunset 
Review of the Antidumping Duty Order, 86 FR 13311 (March 8, 2021); 
see also, 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, 86 FR 13314 (March 
8, 2021).
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    On July 7, 2021, the ITC published its determinations, pursuant to 
sections 751(c) and 752(a) of the Act, that revocation of the Orders 
would likely lead to continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable 
time.\5\
---------------------------------------------------------------------------

    \5\ See Potassium Phosphate Salts from China, 86 FR 35827 (July 
7, 2021).
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Scope of the Orders

    The products covered by the Orders 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 
heading 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 heading 2835.24.0000, HTSUS.
    The products covered by these Orders include the foregoing 
phosphate salts in all grades, whether food grade or technical grade. 
The products covered by these Orders includes anhydrous DKP without 
regard to the physical form, whether crushed, granule, powder or fines. 
Also covered are all forms of TKPP, whether crushed, granule, powder, 
fines or solution.
    For purposes of the Orders, 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.

Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to a continuation or a 
recurrence of dumping and countervailable subsidies, as well as 
material injury to an industry in the United States, pursuant to 
section 751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby 
orders the continuation of the Orders.
    U.S. Customs and Border Protection will continue to collect AD and 
CVD cash deposits at the rates in effect at the time of entry for all 
imports of subject merchandise. The effective date of the continuation 
of the Orders will be the date of publication in the Federal Register 
of this notice of continuation. Pursuant to section 751(c)(2) of the 
Act and 19 CFR 351.218(c)(2), Commerce intends to initiate the next 
five-year review of the Orders not later than 30 days prior to the 
fifth anniversary of the effective date of continuation.

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which 
may be subject to sanctions.

Notification to Interested Parties

    These five-year sunset reviews and this notice are in accordance 
with sections 751(c) and 751(d)(2) of the Act and published in 
accordance with section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: July 7, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2021-14756 Filed 7-9-21; 8:45 am]
BILLING CODE 3510-DS-P