Notice2024-23442
Sodium Hexametaphosphate From the People's Republic of China: Continuation of 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
October 10, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on sodium hexametaphosphate (SHMP) from the People's Republic of China (China) would likely lead to the continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of this AD order.
Full Text
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<title>Federal Register, Volume 89 Issue 197 (Thursday, October 10, 2024)</title>
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[Federal Register Volume 89, Number 197 (Thursday, October 10, 2024)]
[Notices]
[Page 82221]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23442]
[[Page 82221]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-908]
Sodium Hexametaphosphate From the People's Republic of China:
Continuation of Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) order on sodium
hexametaphosphate (SHMP) from the People's Republic of China (China)
would likely lead to the continuation or recurrence of dumping and
material injury to an industry in the United States, Commerce is
publishing a notice of continuation of this AD order.
DATES: Applicable October 2, 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 in the Federal Register the
AD order on SHMP from China.\1\ On February 1, 2024, the ITC
instituted,\2\ and Commerce initiated,\3\ the third sunset review of
the Order, pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the Act). As a result of its review, Commerce determined that
revocation of the Order would likely lead to the continuation or
recurrence of dumping, and therefore, notified the ITC of the magnitude
of the margins of dumping rates likely to prevail should the Order be
revoked.\4\
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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 Sodium Hexametaphosphate from China; Institution of a
Five-Year Review, 89 FR 6547 (February 1, 2024).
\3\ See Initiation of Five-Year (Sunset) Reviews, 89 FR 6499
(February 1, 2024).
\4\ See Sodium Hexametaphosphate from the People's Republic of
China: Final Results of the Expedited Third Sunset Review of the
Antidumping Duty Order, 89 FR 46362 (May 29, 2024), and accompanying
Issues and Decision Memorandum.
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On October 2, 2024, the ITC published its determination, pursuant
to sections 751(c) and 752(a) of the Act, that revocation of the Order
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 Sodium Hexametaphosphate from China; Determination, 89
FR 80264 (October 2, 2024).
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Scope of the Order
The merchandise subject to the Order is sodium hexametaphosphate
(SHMP). SHMP is a water-soluble polyphosphate glass that consists of a
distribution of polyphosphate chain lengths. It is a collection of
sodium polyphosphate polymers built on repeating NaPO3 units. SHMP has
a P2O5 content from 60 to 71 percent. Alternate names for SHMP include
the following: Calgon; Calgon S; Glassy Sodium Phosphate; Sodium
Polyphosphate, Glassy; Metaphosphoric Acid; Sodium Salt; Sodium Acid
Metaphosphate; Graham's Salt; Sodium Hex; Polyphosphoric Acid, Sodium
Salt; Glass H; Hexaphos; Sodaphos; Vitrafos; and BAC-N-FOS. SHMP is
typically sold as a white powder or granule (crushed) and may also be
sold in the form of sheets (glass) or as a liquid solution. It is
imported under heading 2835.39.5000, HTSUS. It may also be imported as
a blend or mixture under heading 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.
The product covered by the Order includes SHMP in all grades,
whether food grade or technical grade. The product covered by the Order
includes SHMP without regard to chain length i.e., whether regular or
long chain. The product covered by the Order includes SHMP without
regard to physical form, whether glass, sheet, crushed, granule,
powder, fines, or other form, and whether or not in solution.
However, the product covered by the Order does not include SHMP
when imported in a blend with other materials in which the SHMP
accounts for less than 50 percent by volume of the finished product.
Continuation of the Order
As a result of the determinations by Commerce and the ITC that
revocation of the Order would likely lead to continuation or recurrence
of dumping and material injury to an industry in the United States,
pursuant to section 751(d)(2) of the Act, Commerce hereby orders the
continuation of the Order. U.S. Customs and Border Protection will
continue to collect AD 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 Order is October 2,
2024. 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 Order not later than 30 days prior to the fifth anniversary of
the date of the last determination by the Commission.
Administrative Protective Order (APO)
This notice also serves as the only reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceedings. Timely written
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
This five-year (sunset) review 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) of the Act and 19 CFR 351.218(f)(4).
Dated: October 4, 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.
[FR Doc. 2024-23442 Filed 10-9-24; 8:45 am]
BILLING CODE 3510-DS-P
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