[Federal Register Volume 75, Number 140 (Thursday, July 22, 2010)]
[Notices]
[Pages 42682-42683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18093]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-963]
Certain Potassium Phosphate Salts From the People's Republic of
China: Amended Final Affirmative Countervailing Duty Determination and
Countervailing 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 U.S. International Trade Commission
(ITC), the Department is issuing a countervailing duty order on certain
potassium phosphate salts (phosphate salts) from the People's Republic
of China (PRC).
DATES: Effective Date: July 22, 2010.
FOR FURTHER INFORMATION CONTACT: Andrew Huston, AD/CVD Operations,
Office 6, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-4261.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 705(d) of the Tariff Act of 1930, as
amended (the Act), on June 1, 2010, the Department published its final
determination in the countervailing duty investigation of phosphate
salts from the PRC. See Certain Potassium Phosphate Salts From the
People's Republic of China: Final Affirmative Countervailing Duty
Determination and Termination of Critical Circumstances Inquiry, 75 FR
30375 (June 1, 2010).
On July 15, 2010, the ITC notified the Department of its final
determination, pursuant to section 705(b)(1)(A)(i) of the Act, that an
industry in the United States is materially injured by reason of
subsidized imports of subject merchandise from the PRC. 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 706(a) of the Act, the Department is
publishing a countervailing duty order on the subject merchandise.
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 product
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.
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
Pursuant to the ITC's final determination, the scope of this
investigation, and of this order, has changed. As noted above, the ITC
reached a negative determination regarding Monopotassium Phosphate
(MKP), a type of salt that was included within the scope of the
investigation by the Department and in our final determination. As a
result of this negative determination by the ITC, no order can be
issued on imports of MKP from the PRC. Therefore, the scope language
cited above has been amended from the Department's final determination
to remove references to MKP. The rates established by the Department in
the final determination were based on adverse facts available findings,
none of which were specific to MKP. Thus, there have been no revisions
to our final determination rates, or to any other aspect of our final
determination, outside of the revised scope definition.
Countervailing Duty Order
On July 15, 2010, the ITC notified the Department of its final
determination, pursuant to section 705(b)(1)(A)(i) of the Act, that an
industry in the United States is materially injured as a result of
subsidized imports of phosphate salts from the PRC. 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 countervailing 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
countervailing 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 countervailing duties.
In accordance with section 706(a) of the Act, the Department will
direct CBP
[[Page 42683]]
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
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Lianyungang Mupro Import Export 109.11 percent ad valorem.
Co Ltd.
Mianyang Aostar Phosphate 109.11 percent ad valorem.
Chemical Industry Co. Ltd.
Shifang Anda Chemicals Co. Ltd.. 109.11 percent ad valorem.
All-Others...................... 109.11 percent ad valorem.
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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.
[FR Doc. 2010-18093 Filed 7-21-10; 8:45 am]
BILLING CODE 3510-DS-P