[Federal Register Volume 75, Number 140 (Thursday, July 22, 2010)]
[Notices]
[Pages 42683-42684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18098]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-962]
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
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the ``Department'') and the International Trade Commission
(``ITC''), the Department is issuing an antidumping duty order on
certain potassium phosphate salts from the People's Republic of China
(``PRC'').
DATES: Effective Date: July 22, 2010.
FOR FURTHER INFORMATION CONTACT: Kathleen Marksberry, AD/CVD
Operations, Office 9, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC, 20230; telephone: (202) 482-
7906.
SUPPLEMENTARY INFORMATION
Background
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended, (``Act''), the Department published the final
determination of sales at less than fair value (``LTFV'') in the
antidumping investigation of certain potassium phosphate salts from the
PRC. See Certain Potassium Phosphate Salts from the People's Republic
of China: Final Determination of Sales at Less Than Fair Value and
Termination of Critical Circumstances Inquiry, 75 FR 30377 (June 1,
2010) (Final Determination). On July 15, 2010, the ITC notified the
Department of its affirmative determination of material injury to a
U.S. industry. 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 736(a) of
the Act, the Department is issuing the antidumping duty order on
certain potassium phosphate salts from the PRC.
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
products 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.
[[Page 42684]]
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
In the Final Determination we determined that several companies
qualified for a separate rate. See Final Determination, 75 FR at 30378.
In the preliminary determination, we stated that the antidumping duty
margin for companies receiving a separate rate would be based on an
average of the rates submitted in the Petition. See Certain Potassium
Phosphate Salts From the People's Republic of China: Preliminary
Determination of Sales at Less Than Fair Value 75 FR 12508 (March 16,
2010) (Preliminary Determination). For the Preliminary Determination,
the Department calculated the average margin for the separate rate
companies based on the margins in the petition for TKPP, DKP and
anhydrous monopotassium phosphate (``MKP''). However, as explained
below, because the ITC made a negative determination of material injury
with respect to MKP, the Department is basing its calculation of the
separate rate margin on the petition margins for TKPP and DKP only.
Therefore, the separate rate margin has been amended to 62.23 percent.
The PRC-wide rate of 95.4 percent was based on the highest margin
alleged in the petition. Because the highest petition margin of 95.4
percent was for DKP, the PRC-wide rate has not changed. The revised
dumping margins are listed in the chart below.
Antidumping Duty Order
Antidumping Duty Order
On July 15, 2010, in accordance with section 735(d) of the Act, the
ITC notified the Department of its final determination in this
investigation. 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 antidumping 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
antidumping 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 antidumping duties.
Therefore, in accordance with section 736(a)(1) of the Act, the
Department will direct CBP to assess, upon further instruction by the
Department, antidumping duties equal to the amount by which the normal
value of the merchandise exceeds the export price (or constructed
export price) of the merchandise for all relevant entries of certain
potassium phosphate salts from the PRC. These antidumping duties will
be assessed on unliquidated entries of DKP and TKPP from the PRC
entered, or withdrawn from the warehouse, for consumption on or after
March 16, 2010, the date on which the Department published its
Preliminary Determination.
Effective on the date of publication of the ITC's final affirmative
injury determination, CBP will require, at the same time as importers
would normally deposit estimated duties on this merchandise, a cash
deposit equal to the estimated weighted-average antidumping duty
margins as listed below. See section 736(a)(3) of the Act. The ``PRC-
wide'' rate applies to all exporters of subject merchandise not
specifically listed. The weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Weighted-
Exporter Supplier average
margin
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Snow-Apple Group Limited......... Chengdu Long Tai 62.23
Biotechnology Co., Ltd.
Tianjin Chengyi International Zhenjiang Dantu 62.23
Trading (Tianjin) Co., Limited. Guangming Auxiliary
Material Factory.
Tianjin Chengyi International Sichuan Shifang 62.23
Trading (Tianjin) Co., Limited. Hongsheng Chemicals
Co., Ltd.
Wenda Co., Ltd................... Thermphos (China) Food 62.23
Additive Co., Ltd.
Yunnan Newswift Company Ltd...... Guangxi Yizhou Yisheng 62.23
Fine Chemicals Co., Ltd.
Yunnan Newswift Company Ltd...... Mainzhu Hanwang Mineral 62.23
Salt Chemical Co., Ltd.
Yunnan Newswift Company Ltd...... Sichuan Shengfeng 62.23
Phosphate Chemical Co.,
Ltd.
PRC-Wide \1\..................... ........................ 95.40
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This notice constitutes the antidumping duty order with respect to
certain potassium phosphate salts from the PRC pursuant to section
736(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 antidumping duty orders currently in
effect.
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\1\ The PRC-wide rate includes Sichuan Blue Sword Import and
Export Co., Ltd., and SD BNI (LYG) Co., Ltd.
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This notice is published in accordance with sections 735(d) and
736(a) of the Act and 19 CFR 351.210(c) and 351.211.
Dated: July 19, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-18098 Filed 7-21-10; 8:45 am]
BILLING CODE 3510-DS-P