[Federal Register Volume 74, Number 189 (Thursday, October 1, 2009)]
[Notices]
[Pages 50817-50818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23627]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-473 and 731-TA-1173 (Preliminary)]


Certain Sodium and Potassium Phosphate Salts From China

AGENCY: United States International Trade Commission.

ACTION: Institution of antidumping and countervailing duty 
investigations and scheduling of preliminary phase investigations.

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SUMMARY: The Commission hereby gives notice of the institution of 
investigations and commencement of preliminary phase antidumping and 
countervailing duty investigations Nos. 701-TA-473 and 731-TA-1173 
(Preliminary) under sections 703(a) and 733(a) of the Tariff Act of 
1930 (19 U.S.C. 1671b(a) and 1673b(a)) (the Act) to determine whether 
there is a reasonable indication that an industry in the United States 
is materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of imports from China of certain sodium and 
potassium phosphate salts,\1\ provided for in subheadings 2835.24.00, 
2835.31.00, and 2835.39.10 of the Harmonized Tariff Schedule of the 
United States, that are alleged to be sold in the United States at less 
than fair value and alleged to be subsidized by the Government of 
China. Unless the Department of Commerce extends the time for 
initiation pursuant to sections 702(c)(1)(B) or 732(c)(1)(B) of the Act 
(19 U.S.C. 1671a(c)(1)(B) or 1673a(c)(1)(B)), the Commission must reach 
a preliminary determination in antidumping and countervailing duty 
investigations in 45 days, or in this case by November 9, 2009. The 
Commission's views are due at Commerce within five business days 
thereafter, or by November 17, 2009.
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    \1\ The petition individually identifies sodium 
tripolyphosphate, monopotassium phosphate, dipotassium phosphate, 
and tetrapotassium pyrophosphate.
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    For further information concerning the conduct of these 
investigations and rules of general application, consult the 
Commission's Rules of Practice and Procedure, part 201, subparts A 
through E (19 CFR part 201), and part 207, subparts A and B (19 CFR 
part 207).

DATES: Effective Date: September 24, 2009.

FOR FURTHER INFORMATION CONTACT: Jennifer Merrill (202-205-3188), 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street, SW., Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
Internet server (http://www.usitc.gov). The public record for these 
investigations may be viewed on the Commission's electronic docket 
(EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Background. These investigations are being instituted in response 
to a petition filed on September 24, 2009, by ICL Performance Products, 
LP (St. Louis, MO) and Prayon, Inc. (Augusta, GA).
    Participation in the investigations and public service list. 
Persons (other than petitioners) wishing to participate in the 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in sections 201.11 and 207.10 
of the Commission's rules, not later than seven days after publication 
of this notice in the Federal Register. Industrial users and (if the 
merchandise under investigation is sold at the retail level) 
representative consumer organizations have the right to appear as 
parties in Commission antidumping and countervailing duty 
investigations. The Secretary will prepare a public service list 
containing the names and addresses of all persons, or their 
representatives, who are parties to these investigations upon the 
expiration of the period for filing entries of appearance.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list. Pursuant 
to section 207.7(a) of the Commission's rules, the Secretary will make 
BPI gathered in these investigations available to authorized applicants 
representing interested parties (as defined in 19 U.S.C. 1677(9)) who 
are parties to the investigations under the APO issued in the 
investigations, provided that the application is made not later than 
seven days after the publication of this notice in the Federal 
Register. A separate service list will be maintained by the Secretary 
for those parties authorized to receive BPI under the APO.
    Conference. The Commission's Director of Investigations has 
scheduled a conference in connection with these investigations for 9:30 
a.m. on October 15, 2009, at the U.S. International Trade Commission 
Building, 500 E Street, SW., Washington, DC. Parties wishing to 
participate in the conference should contact Jennifer Merrill (202-205-
3188) not later than October 13, 2009, to arrange for their appearance. 
Parties in support of the imposition of antidumping and countervailing 
duties in these investigations and parties in opposition to the 
imposition of such duties will each be collectively allocated one hour 
within which to make an oral presentation at the conference. A nonparty 
who has testimony that may aid the Commission's deliberations may 
request permission to present a short statement at the conference.
    Written submissions. As provided in sections 201.8 and 207.15 of 
the Commission's rules, any person may submit to the Commission on or 
before October 20, 2009, a written brief containing information and 
arguments pertinent to the subject matter of the investigations. 
Parties may file written testimony in connection with their 
presentation at the conference no later than three days before the 
conference. If briefs or written testimony contain BPI, they must 
conform with the requirements of sections 201.6, 207.3, and 207.7 of 
the Commission's rules. The Commission's rules do not authorize filing 
of submissions with the Secretary by facsimile or electronic means, 
except to the extent permitted by section 201.8 of the Commission's 
rules, as amended, 67 FR 68036 (November 8, 2002). Even where 
electronic filing of a document is permitted, certain documents must 
also be filed in paper form, as specified in II (C) of the Commission's 
Handbook on Electronic Filing Procedures, 67 FR 68168, 68173 (November 
8, 2002).
    In accordance with sections 201.16(c) and 207.3 of the rules, each 
document filed by a party to the investigations must be served on all 
other parties to the investigations (as identified by

[[Page 50818]]

either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority: These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to section 207.12 of the Commission's rules.

    Issued: September 25, 2009.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-23627 Filed 9-30-09; 8:45 am]
BILLING CODE 7020-02-P