[Federal Register Volume 74, Number 189 (Thursday, October 1, 2009)]
[Notices]
[Pages 50817-50818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23627]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-473 and 731-TA-1173 (Preliminary)]
Certain Sodium and Potassium Phosphate Salts From China
AGENCY: United States International Trade Commission.
ACTION: Institution of antidumping and countervailing duty
investigations and scheduling of preliminary phase investigations.
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SUMMARY: The Commission hereby gives notice of the institution of
investigations and commencement of preliminary phase antidumping and
countervailing duty investigations Nos. 701-TA-473 and 731-TA-1173
(Preliminary) under sections 703(a) and 733(a) of the Tariff Act of
1930 (19 U.S.C. 1671b(a) and 1673b(a)) (the Act) to determine whether
there is a reasonable indication that an industry in the United States
is materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports from China of certain sodium and
potassium phosphate salts,\1\ provided for in subheadings 2835.24.00,
2835.31.00, and 2835.39.10 of the Harmonized Tariff Schedule of the
United States, that are alleged to be sold in the United States at less
than fair value and alleged to be subsidized by the Government of
China. Unless the Department of Commerce extends the time for
initiation pursuant to sections 702(c)(1)(B) or 732(c)(1)(B) of the Act
(19 U.S.C. 1671a(c)(1)(B) or 1673a(c)(1)(B)), the Commission must reach
a preliminary determination in antidumping and countervailing duty
investigations in 45 days, or in this case by November 9, 2009. The
Commission's views are due at Commerce within five business days
thereafter, or by November 17, 2009.
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\1\ The petition individually identifies sodium
tripolyphosphate, monopotassium phosphate, dipotassium phosphate,
and tetrapotassium pyrophosphate.
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For further information concerning the conduct of these
investigations and rules of general application, consult the
Commission's Rules of Practice and Procedure, part 201, subparts A
through E (19 CFR part 201), and part 207, subparts A and B (19 CFR
part 207).
DATES: Effective Date: September 24, 2009.
FOR FURTHER INFORMATION CONTACT: Jennifer Merrill (202-205-3188),
Office of Investigations, U.S. International Trade Commission, 500 E
Street, SW., Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
Internet server (http://www.usitc.gov). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at http://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background. These investigations are being instituted in response
to a petition filed on September 24, 2009, by ICL Performance Products,
LP (St. Louis, MO) and Prayon, Inc. (Augusta, GA).
Participation in the investigations and public service list.
Persons (other than petitioners) wishing to participate in the
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in sections 201.11 and 207.10
of the Commission's rules, not later than seven days after publication
of this notice in the Federal Register. Industrial users and (if the
merchandise under investigation is sold at the retail level)
representative consumer organizations have the right to appear as
parties in Commission antidumping and countervailing duty
investigations. The Secretary will prepare a public service list
containing the names and addresses of all persons, or their
representatives, who are parties to these investigations upon the
expiration of the period for filing entries of appearance.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list. Pursuant
to section 207.7(a) of the Commission's rules, the Secretary will make
BPI gathered in these investigations available to authorized applicants
representing interested parties (as defined in 19 U.S.C. 1677(9)) who
are parties to the investigations under the APO issued in the
investigations, provided that the application is made not later than
seven days after the publication of this notice in the Federal
Register. A separate service list will be maintained by the Secretary
for those parties authorized to receive BPI under the APO.
Conference. The Commission's Director of Investigations has
scheduled a conference in connection with these investigations for 9:30
a.m. on October 15, 2009, at the U.S. International Trade Commission
Building, 500 E Street, SW., Washington, DC. Parties wishing to
participate in the conference should contact Jennifer Merrill (202-205-
3188) not later than October 13, 2009, to arrange for their appearance.
Parties in support of the imposition of antidumping and countervailing
duties in these investigations and parties in opposition to the
imposition of such duties will each be collectively allocated one hour
within which to make an oral presentation at the conference. A nonparty
who has testimony that may aid the Commission's deliberations may
request permission to present a short statement at the conference.
Written submissions. As provided in sections 201.8 and 207.15 of
the Commission's rules, any person may submit to the Commission on or
before October 20, 2009, a written brief containing information and
arguments pertinent to the subject matter of the investigations.
Parties may file written testimony in connection with their
presentation at the conference no later than three days before the
conference. If briefs or written testimony contain BPI, they must
conform with the requirements of sections 201.6, 207.3, and 207.7 of
the Commission's rules. The Commission's rules do not authorize filing
of submissions with the Secretary by facsimile or electronic means,
except to the extent permitted by section 201.8 of the Commission's
rules, as amended, 67 FR 68036 (November 8, 2002). Even where
electronic filing of a document is permitted, certain documents must
also be filed in paper form, as specified in II (C) of the Commission's
Handbook on Electronic Filing Procedures, 67 FR 68168, 68173 (November
8, 2002).
In accordance with sections 201.16(c) and 207.3 of the rules, each
document filed by a party to the investigations must be served on all
other parties to the investigations (as identified by
[[Page 50818]]
either the public or BPI service list), and a certificate of service
must be timely filed. The Secretary will not accept a document for
filing without a certificate of service.
Authority: These investigations are being conducted under
authority of title VII of the Tariff Act of 1930; this notice is
published pursuant to section 207.12 of the Commission's rules.
Issued: September 25, 2009.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-23627 Filed 9-30-09; 8:45 am]
BILLING CODE 7020-02-P