[Federal Register Volume 74, Number 224 (Monday, November 23, 2009)]
[Notices]
[Page 61173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28020]


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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

Determinations

    On the basis of the record \1\ developed in the subject 
investigations, the United States International Trade Commission 
(Commission) determines, pursuant to sections 703(a) and 733(a) of the 
Tariff Act of 1930 (19 U.S.C. 1671b(a) and 1673b(a)) (the Act), that 
there is a reasonable indication that an industry producing 
monopotassium phosphate (``MKP''), provided for in subheading 
2835.24.00 of the Harmonized Tariff Schedule in the United States, is 
materially injured or threatened with material injury by reason of 
imports from China, that are alleged to be subsidized by the Government 
of China and sold in the United States at less than fair value 
(LTFV).2 3 In addition, the Commission determines that there 
is a reasonable indication that industries producing dipotassium 
phosphate (``DKP'') and tetrapotassium pyrophosphate (``TKPP''), 
provided for in subheadings 2835.24.00 and 2835.39.10 respectively, of 
the Harmonized Tariff Schedule of the United States, are threatened 
with material injury by reason of imports from China, that are alleged 
to be subsidized by the Government of China and sold in the United 
States at less than fair value (LTFV).\4\ Finally, the Commission 
determines that there is no reasonable indication that an industry 
producing sodium tripolyphosphate (``STPP''), provided for in 
subheading 2835.31.00 of the Harmonized Tariff Schedule of the United 
States, is materially injured or threatened with material injury by 
reason of imports from China, that are alleged to be subsidized by the 
Government of China and sold in the United States at less than fair 
value (LTFV).
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    \1\ The record is defined in sec. 207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR 207.2(f)).
    \2\ Commissioners Charlotte R. Lane, Irving A. Williamson, and 
Dean A. Pinkert determine that there is a reasonable indication that 
the domestic industry is materially injured by reason of subject 
imports.
    \3\ Chairman Shara L. Aranoff, Vice Chairman Daniel R. Pearson, 
and Commissioner Deanna Tanner Okun determine that there is a 
reasonable indication that the domestic industry is threatened with 
material injury by reason of subject imports.
    \4\ Commissioner Charlotte R. Lane determines that there is a 
reasonable indication that an industry producing TKPP is materially 
injured by reason of subject imports.
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Commencement of Final Phase Investigations

    Pursuant to section 207.18 of the Commission's rules, the 
Commission also gives notice of the commencement of the final phase of 
its investigations. The Commission will issue a final phase notice of 
scheduling, which will be published in the Federal Register as provided 
in section 207.21 of the Commission's rules, upon notice from the 
Department of Commerce (Commerce) of affirmative preliminary 
determinations in the investigations under sections 703(b) or 733(b) of 
the Act, or, if the preliminary determinations are negative, upon 
notice of affirmative final determinations in those investigations 
under sections 705(a) or 735(a) of the Act. Parties that filed entries 
of appearance in the preliminary phase of the investigations need not 
enter a separate appearance for the final phase of the investigations. 
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 the investigations.

Background

    On September 24, 2009, a petition was filed with the Commission and 
Commerce by ICL Performance Products LP, St. Louis, MO and Prayon, 
Inc., Augusta, GA alleging that an industry in the United States is 
materially injured or threatened with material injury by reason of LTFV 
and subsidized imports of certain sodium and potassium phosphate salts 
from China. Accordingly, effective September 24, 2009, the Commission 
instituted countervailing duty investigation No. 701-TA-473 and 
antidumping duty investigation No. 731-TA-1173 (Preliminary).
    Notice of the institution of the Commission's investigations and of 
a public conference to be held in connection therewith was given by 
posting copies of the notice in the Office of the Secretary, U.S. 
International Trade Commission, Washington, DC and by publishing the 
notice in the Federal Register of October 1, 2009 (74 FR 50817). The 
conference was held in Washington, DC, on October 15, 2009, and all 
persons who requested the opportunity were permitted to appear in 
person or by counsel.
    The Commission transmitted its determinations in these 
investigations to the Secretary of Commerce on November 9, 2009. The 
views of the Commission are contained in USITC Publication 4110 
(November 2009), entitled Certain Sodium and Potassium Phosphate Salts 
From China (Preliminary).

    By order of the Commission.

    Issued: November 17, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-28020 Filed 11-20-09; 8:45 am]
BILLING CODE 7020-02-P