[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Notices]
[Pages 13314-13315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04767]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-963]


Certain Potassium Phosphate Salts From the People's Republic of 
China: Final Results of the Expedited Second Five-Year Sunset Review of 
the Countervailing Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of this second sunset review, the Department of 
Commerce (Commerce) finds that revocation of the countervailing duty 
(CVD) order on certain potassium phosphate salts (phosphate salts) from 
the People's Republic of China (China) would be likely to lead to 
continuation or recurrence of countervailable subsidies at the levels 
indicated in the ``Final Results of Sunset Review'' section of this 
notice.

DATES: Applicable March 8, 2021.

FOR FURTHER INFORMATION CONTACT: Mark Hoadley, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3148.

SUPPLEMENTARY INFORMATION:

Background

    On July 22, 2010, Commerce published its CVD order on phosphate 
salts from China in the Federal Register.\1\ On November 3, 2020, 
Commerce published the notice of initiation of the second sunset review 
of the Order, pursuant to section 751(c) of

[[Page 13315]]

the Tariff Act of 1930, as amended (the Act).\2\ Commerce received a 
notice of intent to participate from ILC Performance Products LP (ILC) 
and Prayon, Inc. (Prayon) (collectively, domestic interested parties), 
within the deadline specified in 19 CFR 351.218(d)(1)(i).\3\ ILC and 
Prayon claimed interested party status under section 771(9)(C) of the 
Act, as both are producers of the domestic like product in the United 
States.
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    \1\ See Certain Potassium Phosphate Salts from the People's 
Republic of China: Countervailing Duty Order, 75 FR 42682 (July 22, 
2010) (Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 69585 
(November 3, 2020).
    \3\ See Domestic Interested Parties' Letter, ``Potassium 
Phosphate Salts from the People's Republic of China: Notice of 
Intent to Participate,'' dated November 18, 2020.
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    Commerce received a substantive response from the domestic 
interested parties \4\ within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i). We received no substantive response from any other 
domestic or interested parties in this proceeding, nor was a hearing 
requested.
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    \4\ See Domestic Interested Parties' Letter, ``Potassium 
Phosphate Salts from the People's Republic of China: Substantive 
Response to the Notice of Initiation of Five-Year (Sunset) Review of 
the Antidumping Duty Order and Countervailing Duty Order,'' dated 
December 3, 2020.
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    On December 23, 2020, Commerce notified the U.S. International 
Trade Commission (ITC) 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 the Order.
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    \5\ See Commerce's Letter, ``Sunset Reviews for November 2020,'' 
dated December 23, 2020.
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Scope of the Order

    The merchandise covered by the scope of the Order is phosphate 
salts. Imports of merchandise included within the scope of the Order 
are currently classifiable under subheadings 2835.24.0000 and 
2835.39.1000 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Although the HTSUS subheadings are provided for convenience 
and customs purposes, the written description of the merchandise 
covered by the scope of the Order is dispositive. For a complete 
description of the scope of the Order, see the accompanying Issues and 
Decision Memorandum.\6\
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    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Expedited Second Sunset Review of the 
Countervailing Duty Order on Certain Potassium Phosphate Salts from 
the People's Republic of China,'' dated concurrently with, and 
hereby adopted by, this notice (Issues and Decision Memorandum).
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Analysis of Comments Received

    All issues raised in this sunset review are addressed in the 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 the Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision 
Memorandum are identical in content.

Final Results of Sunset Review

    Pursuant to sections 751(c)(1) and 752(b) of the Act, we determine 
that revocation of the CVD order on phosphate salts from China would be 
likely to lead to continuation or recurrence of countervailable 
subsidies at the following rates:

------------------------------------------------------------------------
                                                               Net
                                                         countervailable
           Manufacturers/producers/ exporters                subsidy
                                                            (percent)
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Lianyungang Mupro Import Export Co Ltd.................        109.11
Mianyang Aostar Phosphate Chemical Industry Co. Ltd....        109.11
Shifang Anda Chemicals Co. Ltd.........................        109.11
All Others.............................................        109.11
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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. 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 the final results and this notice in 
accordance with sections 751(c), 752(b), and 777(i)(1) of the Act, and 
19 CFR 351.218.

    Dated: March 2, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. History of the Order
IV. Scope of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of a Countervailable 
Subsidy
    2. Net Countervailable Subsidy Rates Likely to Prevail
    3. Nature of the Subsidies
VII. Final Results of Review
VIII. Recommendation

[FR Doc. 2021-04767 Filed 3-5-21; 8:45 am]
BILLING CODE 3510-DS-P