Notice2024-11780
Sodium Hexametaphosphate From the People's Republic of China: Final Results of the Expedited Third Sunset Review of the Antidumping Duty Order
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 29, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) order on Sodium Hexametaphosphate (SHMP) from the People's Republic of China (China) would be likely to lead to continuation or recurrence of dumping at the levels indicated in the "Final Results of Sunset Review" section of this notice.
Full Text
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<title>Federal Register, Volume 89 Issue 104 (Wednesday, May 29, 2024)</title>
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[Federal Register Volume 89, Number 104 (Wednesday, May 29, 2024)]
[Notices]
[Pages 46362-46363]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11780]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-908]
Sodium Hexametaphosphate From the People's Republic of China:
Final Results of the Expedited Third Sunset Review of the Antidumping
Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) finds that
revocation of the antidumping duty (AD) order on Sodium
Hexametaphosphate (SHMP) from the People's Republic of China (China)
would be likely to lead to continuation or recurrence of dumping at the
levels indicated in the ``Final Results of Sunset Review'' section of
this notice.
DATES: Applicable May 29, 2024.
FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2593.
SUPPLEMENTARY INFORMATION:
Background
On March 19, 2008, Commerce published its AD order on SHMP from
China.\1\ On February 1, 2024, Commerce published the notice of
initiation of the third five-year sunset review of the Order, pursuant
to section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\
On February 15, 2024, Commerce received a notice of intent to
participate in this review from ICL Specialty Products, Inc. and
Innophos, Inc. (collectively, the petitioners) within the deadline
specified in 19 CFR 351.218(d)(1)(i).\3\ The petitioners claimed
interested party status under section 771(9)(C) of the Act as
manufacturers of a domestic like product in the United States.
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\1\ See Notice of Antidumping Duty Order: Sodium
Hexametaphosphate from the People's Republic of China, 73 FR 14772
(March 19, 2008) (Order).
\2\ See Initiation of Five-Year (Sunset) Reviews, 89 FR 6499
(February 1, 2024).
\3\ See Petitioners' Letter, ``Notice of Intent to
Participate,'' dated February 15, 2024.
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On March 1, 2024, the petitioners 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 March 22,
2024, 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.
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\4\ See Petitioners' Letter, ``Substantive Response to Notice of
Initiation of Five-Year (Sunset) Review of the Antidumping Order,''
dated March 1, 2024.
\5\ See Commerce's Letter, ``Sunset Reviews for February 1,
2024,'' dated March 22, 2024.
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Scope of the Order
The merchandise subject to this Order is SHMP. It is imported under
subheading 2835.39.5000 of the Harmonized Tariff Schedule of the United
States (HTSUS). It may also be imported as a blend or mixture under
subheading 3824.90.3900, HTSUS. The American Chemical Society, Chemical
Abstract Service (CAS) has assigned the name ``Polyphosphoric Acid,
Sodium Salt'' to SHMP. The CAS registry number is 68915-31-1. However,
SHMP is commonly identified by CAS No. 10124-56-8 in the market. For
purposes of the Order, the narrative description is dispositive, not
the tariff heading, CAS registry number, or CAS name. For a complete
description of the scope of the Order, see the Issues and Decision
Memorandum.\6\
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\6\ See Memorandum ``Issues and Decision Memorandum for the
Final Results of the Expedited Third Sunset Review of the
Antidumping Duty Order on Sodium Hexametaphosphate from the People's
Republic of China,'' dated concurrently with this notice (Issues and
Decision Memorandum).
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Analysis of Comments Received
All issues raised in this review, including the likelihood of
continuation 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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act,
Commerce
[[Page 46363]]
determines that revocation of the Order would be likely to lead to the
continuation or recurrence of dumping and that the magnitude of the
dumping margins likely to prevail would be up to 188.05 percent.
Administrative Protective Order
This notice serves as the only reminder to interested parties
subject to an administrative protective order (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: May 22, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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
1. Likelihood of Continuation or Recurrence of Dumping
2. Magnitude of the Margins of Dumping Likely to Prevail
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2024-11780 Filed 5-28-24; 8:45 am]
BILLING CODE 3510-DS-P
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