Notice2021-14756
Certain Potassium Phosphate Salts From the People's Republic of China: Continuation of Antidumping and Countervailing Duty Orders
Primary source
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Published
July 12, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 130 (Monday, July 12, 2021)</title>
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[Federal Register Volume 86, Number 130 (Monday, July 12, 2021)]
[Notices]
[Pages 36524-36525]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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\
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\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
K<INF>4</INF>P<INF>2</INF>O<INF>7</INF>. 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 P<INF>2</INF>O<INF>5</INF> 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 K<INF>2</INF>HPO<INF>4</INF>. The CAS registry number for DKP is
7758-11-4. DKP is typically 17.8 percent phosphorus, 44.8 percent
potassium and 40 percent P<INF>2</INF>O<INF>5</INF> 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
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