[Federal Register Volume 75, Number 140 (Thursday, July 22, 2010)]
[Notices]
[Pages 42683-42684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18098]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-962]


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the ``Department'') and the International Trade Commission 
(``ITC''), the Department is issuing an antidumping duty order on 
certain potassium phosphate salts from the People's Republic of China 
(``PRC'').

DATES: Effective Date: July 22, 2010.

FOR FURTHER INFORMATION CONTACT: Kathleen Marksberry, AD/CVD 
Operations, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC, 20230; telephone: (202) 482-
7906.

SUPPLEMENTARY INFORMATION

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended, (``Act''), the Department published the final 
determination of sales at less than fair value (``LTFV'') in the 
antidumping investigation of certain potassium phosphate salts from the 
PRC. See Certain Potassium Phosphate Salts from the People's Republic 
of China: Final Determination of Sales at Less Than Fair Value and 
Termination of Critical Circumstances Inquiry, 75 FR 30377 (June 1, 
2010) (Final Determination). On July 15, 2010, the ITC notified the 
Department of its affirmative determination of material injury to a 
U.S. industry. See Certain Potassium Phosphate Salts from the People's 
Republic of China, USITC Publication 4171, Investigation Nos. 701-TA-
473 and 731-TA-1173 (Final) (July 2010). Pursuant to section 736(a) of 
the Act, the Department is issuing the antidumping duty order on 
certain potassium phosphate salts from the PRC.

Scope of the Order

    The phosphate salts covered by this order 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 
K4P2O7. The CAS registry number for 
TKPP is 7320-34-5. TKPP is typically 18.7% phosphorus and 47.3% 
potassium. It is generally greater than or equal to 43.0% 
P2O5 content. TKPP is classified under heading 
2835.39.1000, 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 K2HPO4. The CAS registry number for DKP is 
7758-11-4. DKP is typically 17.8% phosphorus, 44.8% potassium and 40% 
P2O5 content. DKP is classified under heading 
2835.24.0000, HTSUS.
    The products covered by this order include the foregoing phosphate 
salts in all grades, whether food grade or technical grade. The 
products covered by this order 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.

[[Page 42684]]

    For purposes of the order, the narrative description is 
dispositive, not the tariff heading, American Chemical Society, CAS 
registry number or CAS name, or the specific percentage chemical 
composition identified above.

Amendment to the Final Determination

    In the Final Determination we determined that several companies 
qualified for a separate rate. See Final Determination, 75 FR at 30378. 
In the preliminary determination, we stated that the antidumping duty 
margin for companies receiving a separate rate would be based on an 
average of the rates submitted in the Petition. See Certain Potassium 
Phosphate Salts From the People's Republic of China: Preliminary 
Determination of Sales at Less Than Fair Value 75 FR 12508 (March 16, 
2010) (Preliminary Determination). For the Preliminary Determination, 
the Department calculated the average margin for the separate rate 
companies based on the margins in the petition for TKPP, DKP and 
anhydrous monopotassium phosphate (``MKP''). However, as explained 
below, because the ITC made a negative determination of material injury 
with respect to MKP, the Department is basing its calculation of the 
separate rate margin on the petition margins for TKPP and DKP only. 
Therefore, the separate rate margin has been amended to 62.23 percent. 
The PRC-wide rate of 95.4 percent was based on the highest margin 
alleged in the petition. Because the highest petition margin of 95.4 
percent was for DKP, the PRC-wide rate has not changed. The revised 
dumping margins are listed in the chart below.

Antidumping Duty Order

Antidumping Duty Order

    On July 15, 2010, in accordance with section 735(d) of the Act, the 
ITC notified the Department of its final determination in this 
investigation. In its determination, the ITC found three domestic like 
products (DKP, TKPP, and MKP), covering the scope of subject 
merchandise subject to the investigation. The ITC made affirmative 
determinations with respect to DKP and TKPP, and a negative 
determination with respect to MKP. Since the ITC made different 
affirmative injury determinations for domestic like products, the 
Department must instruct U.S. Customs and Border Protection (``CBP'') 
to assess antidumping duties on entries of DKP and TKPP separately from 
MKP.

MKP

    Because the ITC made a negative determination of material injury 
with respect to MKP, the Department will direct CBP to terminate the 
suspension of liquidation for entries of MKP from the PRC entered, or 
withdrawn from warehouse, and to release any bond or other security, 
and refund any cash deposit, posted to secure the payment of estimated 
antidumping duties with respect to these entries.

DKP and TKPP

    Because the ITC determined that imports of DKP and TKPP from the 
PRC are materially injuring a U.S. industry, all unliquidated entries 
of such potassium phosphate salts from the PRC, entered or withdrawn 
from warehouse, are subject to the assessment of antidumping duties.
    Therefore, in accordance with section 736(a)(1) of the Act, the 
Department will direct CBP to assess, upon further instruction by the 
Department, antidumping duties equal to the amount by which the normal 
value of the merchandise exceeds the export price (or constructed 
export price) of the merchandise for all relevant entries of certain 
potassium phosphate salts from the PRC. These antidumping duties will 
be assessed on unliquidated entries of DKP and TKPP from the PRC 
entered, or withdrawn from the warehouse, for consumption on or after 
March 16, 2010, the date on which the Department published its 
Preliminary Determination.
    Effective on the date of publication of the ITC's final affirmative 
injury determination, CBP will require, at the same time as importers 
would normally deposit estimated duties on this merchandise, a cash 
deposit equal to the estimated weighted-average antidumping duty 
margins as listed below. See section 736(a)(3) of the Act. The ``PRC-
wide'' rate applies to all exporters of subject merchandise not 
specifically listed. The weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                              Weighted-
             Exporter                      Supplier            average
                                                                margin
------------------------------------------------------------------------
Snow-Apple Group Limited.........  Chengdu Long Tai                62.23
                                    Biotechnology Co., Ltd.
Tianjin Chengyi International      Zhenjiang Dantu                 62.23
 Trading (Tianjin) Co., Limited.    Guangming Auxiliary
                                    Material Factory.
Tianjin Chengyi International      Sichuan Shifang                 62.23
 Trading (Tianjin) Co., Limited.    Hongsheng Chemicals
                                    Co., Ltd.
Wenda Co., Ltd...................  Thermphos (China) Food          62.23
                                    Additive Co., Ltd.
Yunnan Newswift Company Ltd......  Guangxi Yizhou Yisheng          62.23
                                    Fine Chemicals Co., Ltd.
Yunnan Newswift Company Ltd......  Mainzhu Hanwang Mineral         62.23
                                    Salt Chemical Co., Ltd.
Yunnan Newswift Company Ltd......  Sichuan Shengfeng               62.23
                                    Phosphate Chemical Co.,
                                    Ltd.
PRC-Wide \1\.....................  ........................        95.40
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
certain potassium phosphate salts from the PRC pursuant to section 
736(a) of the Act. Interested parties may contact the Department's 
Central Records Unit, Room 1117 of the main Commerce building, for 
copies of an updated list of antidumping duty orders currently in 
effect.
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    \1\ The PRC-wide rate includes Sichuan Blue Sword Import and 
Export Co., Ltd., and SD BNI (LYG) Co., Ltd.
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    This notice is published in accordance with sections 735(d) and 
736(a) of the Act and 19 CFR 351.210(c) and 351.211.

    Dated: July 19, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-18098 Filed 7-21-10; 8:45 am]
BILLING CODE 3510-DS-P