80_FR_60313 80 FR 60121 - Potassium Phosphate Salts From the People's Republic of China: Final Results of Expedited First Sunset Review of the Countervailing Duty Order

80 FR 60121 - Potassium Phosphate Salts From the People's Republic of China: Final Results of Expedited First Sunset Review of the Countervailing Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 192 (October 5, 2015)

Page Range60121-60122
FR Document2015-25303

The Department of Commerce (the Department) finds that revocation of the countervailing duty (CVD) order on potassium phosphate salts (Salts) from the People's Republic of China (PRC) would be likely to lead to continuation or recurrence of a countervailable subsidy at the levels indicated in the ``Final Results of Sunset Review'' section of this notice.

Federal Register, Volume 80 Issue 192 (Monday, October 5, 2015)
[Federal Register Volume 80, Number 192 (Monday, October 5, 2015)]
[Notices]
[Pages 60121-60122]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25303]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-963]


Potassium Phosphate Salts From the People's Republic of China: 
Final Results of Expedited First Sunset Review of the Countervailing 
Duty Order

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

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

DATES: Effective Date: October 5, 2015.

FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, Office VII, AD/
CVD Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-
5255.

SUPPLEMENTARY INFORMATION:

Background

    On July 22, 2010, the Department published the CVD order on Salts 
from the PRC.\1\ On June 1, 2015, the Department published a notice of 
initiation of the first sunset review of the CVD Order on Salts from 
the PRC pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act).\2\ On June 11, 2015, ICL Performance Products, LP 
and Prayon, Inc. (collectively, Petitioners) filed a notice of intent 
to participate in the review.\3\ Petitioners claimed interested party 
status under section 771(9)(C) of the Act, as domestic producers of the 
domestic like product.\4\
---------------------------------------------------------------------------

    \1\ See Certain Potassium Phosphate Salts from the People's 
Republic of China: Amended Countervailing Duty Determination and 
Countervailing Duty Order, 75 FR 42682 (July 22, 2010) (CVD Order).
    \2\ See Initiation of Five-Year ``Sunset'' Reviews, 80 FR 31012 
(June 1, 2015).
    \3\ See Letter to the Department, ``Potassium Phosphate Salts 
from the People's Republic of China: Notice of Intent to Participate 
and APO application,'' dated June 11, 2015.
    \4\ On July 1, 2015, ICL Performance Products, LP and Prayon, 
Inc. both claimed to be domestic producers of phosphate salts. See 
Letter to the Department, ``Potassium Phosphate Salts from the 
People's Republic of China: Substantive Response to Notice of 
Initiation of Five Year (First Sunset) Review of the Antidumping 
Duty and Countervailing Duty Orders,'' dated July 1, 2015, 
(Petitioners' Substantive Response).
---------------------------------------------------------------------------

    The Department received an adequate substantive response from the 
domestic industry within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i). The Department did not receive a response from the 
Government of the People's Republic of China (GOC) or any respondent 
interested party to the proceeding. As a result, pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(l)(ii)(B)(2) and (C)(2), 
the Department conducted an expedited sunset review of this CVD Order 
on Salts.

Scope of the Order

    The merchandise subject to this CVD Order is Salts. Imports of 
merchandise included within the scope of this order are currently 
classifiable under subheadings 2835.24.0000 and 2835.39.1000 of the 
Harmonized Tariff Schedule of the United States. The Issues and 
Decision Memorandum, which is hereby adopted by this notice, provides a 
full description of the scope of the order.\5\
---------------------------------------------------------------------------

    \5\ See Department Memorandum, ``Issues and Decision Memorandum 
for the Final Results of the Expedited First Sunset Review of the 
Countervailing Duty Order on Potassium Phosphate Salts from the 
People's Republic of China,'' dated concurrently with, and hereby 
adopted by, this notice.
---------------------------------------------------------------------------

    The Issues and Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov and 
in the Central Records Unit, Room B8024 of the main Department of 
Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic 
version of the Issues and Decision Memorandum are identical in content.

Analysis of Comments Received

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum. The issues discussed include the likelihood of 
continuation or recurrence of a countervailable subsidy and the net 
countervailable subsidy rate likely to prevail if the CVD Order were 
revoked.

Final Results of Sunset Review

    Pursuant to sections 752(b)(1) and (3) of the Act, we determine 
that revocation of the CVD Order on Salts from the PRC would be likely 
to lead to continuation or recurrence of a net countervailable subsidy 
at the rates listed below:

------------------------------------------------------------------------
                                                               Net
                                                         countervailable
          Manufacturers/ exporters/ producers                subsidy
                                                            (percent)
------------------------------------------------------------------------
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
------------------------------------------------------------------------


[[Page 60122]]

Notification Regarding Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (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 orders is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.
    The Department is issuing and publishing these final results and 
this notice in accordance with sections 751(c), 752(b), and 777(i)(1) 
of the Act.

    Dated: September 28, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-25303 Filed 10-2-15; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                       Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Notices                                                                60121

                                                  or recurrence of a countervailable                             on potassium phosphate salts (Salts)                     Scope of the Order
                                                  subsidy and the net countervailable                            from the People’s Republic of China
                                                  subsidy rate likely to prevail if the CVD                      (PRC) would be likely to lead to                            The merchandise subject to this CVD
                                                  Order were revoked.                                            continuation or recurrence of a                          Order is Salts. Imports of merchandise
                                                                                                                 countervailable subsidy at the levels                    included within the scope of this order
                                                  Final Results of Sunset Review                                                                                          are currently classifiable under
                                                                                                                 indicated in the ‘‘Final Results of Sunset
                                                     Pursuant to sections 752(b)(1) and (3)                      Review’’ section of this notice.                         subheadings 2835.24.0000 and
                                                  of the Act, we determine that revocation                                                                                2835.39.1000 of the Harmonized Tariff
                                                  of the CVD Order on steel grating from                         DATES:    Effective Date: October 5, 2015.               Schedule of the United States. The
                                                  the PRC would be likely to lead to                             FOR FURTHER INFORMATION CONTACT:                         Issues and Decision Memorandum,
                                                  continuation or recurrence of a net                            Jacqueline Arrowsmith, Office VII, AD/                   which is hereby adopted by this notice,
                                                  countervailable subsidy at the rates                           CVD Operations, Enforcement and                          provides a full description of the scope
                                                  listed below:                                                  Compliance, International Trade                          of the order.5
                                                                                                                 Administration, U.S. Department of                          The Issues and Decision
                                                                                                    Net          Commerce, 14th Street and Constitution                   Memorandum is a public document and
                                                            Manufacturers/                    countervailable    Avenue NW., Washington, DC 20230;
                                                             Exporters/                           subsidy                                                                 is on file electronically via Enforcement
                                                             Producers                                           telephone (202) 482–5255.                                and Compliance’s Antidumping and
                                                                                                 (percent)
                                                                                                                 SUPPLEMENTARY INFORMATION:                               Countervailing Duty Centralized
                                                  Ningbo Jiulong Machinery                                                                                                Electronic Service System (ACCESS).
                                                     Manufacturing Co., Ltd .....                       62.46    Background                                               ACCESS is available to registered users
                                                  All Others ..............................             62.46                                                             at http://access.trade.gov and in the
                                                                                                                   On July 22, 2010, the Department
                                                                                                                 published the CVD order on Salts from                    Central Records Unit, Room B8024 of
                                                  Notification Regarding Administrative                                                                                   the main Department of Commerce
                                                  Protective Order                                               the PRC.1 On June 1, 2015, the
                                                                                                                 Department published a notice of                         building. In addition, a complete
                                                     This notice also serves as the only                         initiation of the first sunset review of                 version of the Issues and Decision
                                                  reminder to parties subject to                                 the CVD Order on Salts from the PRC                      Memorandum can be accessed at
                                                  administrative protective order (APO) of                       pursuant to section 751(c) of the Tariff                 http://enforcement.trade.gov/frn/. The
                                                  their responsibility concerning the                            Act of 1930, as amended (the Act).2 On                   signed Issues and Decision
                                                  return or destruction of proprietary                           June 11, 2015, ICL Performance                           Memorandum and the electronic
                                                  information disclosed under APO in                             Products, LP and Prayon, Inc.                            version of the Issues and Decision
                                                  accordance with 19 CFR 351.305.                                (collectively, Petitioners) filed a notice               Memorandum are identical in content.
                                                  Timely notification of the return or                           of intent to participate in the review.3                 Analysis of Comments Received
                                                  destruction of APO materials or                                Petitioners claimed interested party
                                                  conversion to judicial protective orders                       status under section 771(9)(C) of the                      All issues raised in this review are
                                                  is hereby requested. Failure to comply                         Act, as domestic producers of the                        addressed in the Issues and Decision
                                                  with the regulations and terms of an                           domestic like product.4                                  Memorandum. The issues discussed
                                                  APO is a violation which is subject to                                                                                  include the likelihood of continuation
                                                                                                                   The Department received an adequate
                                                  sanction.                                                                                                               or recurrence of a countervailable
                                                     The Department is issuing and                               substantive response from the domestic
                                                                                                                                                                          subsidy and the net countervailable
                                                  publishing these final results and this                        industry within the 30-day deadline
                                                                                                                                                                          subsidy rate likely to prevail if the CVD
                                                  notice in accordance with sections                             specified in 19 CFR 351.218(d)(3)(i).
                                                                                                                                                                          Order were revoked.
                                                  751(c), 752(b), and 777(i)(1) of the Act                       The Department did not receive a
                                                  and 19 CFR 351.218.                                            response from the Government of the                      Final Results of Sunset Review
                                                                                                                 People’s Republic of China (GOC) or any
                                                    Dated: September 28, 2015.                                   respondent interested party to the                         Pursuant to sections 752(b)(1) and (3)
                                                  Paul Piquado,                                                  proceeding. As a result, pursuant to                     of the Act, we determine that revocation
                                                  Assistant Secretary for Enforcement and                        section 751(c)(3)(B) of the Act and 19                   of the CVD Order on Salts from the PRC
                                                  Compliance.                                                    CFR 351.218(e)(l)(ii)(B)(2) and (C)(2),                  would be likely to lead to continuation
                                                  [FR Doc. 2015–25296 Filed 10–2–15; 8:45 am]                    the Department conducted an expedited                    or recurrence of a net countervailable
                                                  BILLING CODE 3510–DS–P                                         sunset review of this CVD Order on                       subsidy at the rates listed below:
                                                                                                                 Salts.
                                                                                                                                                                                                                              Net
                                                                                                                                                                                    Manufacturers/                      countervailable
                                                  DEPARTMENT OF COMMERCE                                           1 See Certain Potassium Phosphate Salts from the                   exporters/                            subsidy
                                                                                                                 People’s Republic of China: Amended                                  producers                            (percent)
                                                  International Trade Administration                             Countervailing Duty Determination and
                                                                                                                 Countervailing Duty Order, 75 FR 42682 (July 22,         Lianyungang Mupro Import
                                                  [C–570–963]                                                    2010) (CVD Order).                                         Export Co Ltd ....................                  109.11
                                                                                                                   2 See Initiation of Five-Year ‘‘Sunset’’ Reviews, 80
                                                  Potassium Phosphate Salts From the                                                                                      Mianyang Aostar Phosphate
                                                                                                                 FR 31012 (June 1, 2015).
                                                                                                                                                                            Chemical Industry Co. Ltd                           109.11
                                                  People’s Republic of China: Final                                3 See Letter to the Department, ‘‘Potassium
                                                                                                                                                                          Shifang Anda Chemicals Co.
                                                  Results of Expedited First Sunset                              Phosphate Salts from the People’s Republic of
                                                                                                                 China: Notice of Intent to Participate and APO             Ltd .....................................           109.11
                                                  Review of the Countervailing Duty                              application,’’ dated June 11, 2015.                      All Others ..............................             109.11
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Order                                                            4 On July 1, 2015, ICL Performance Products, LP

                                                                                                                 and Prayon, Inc. both claimed to be domestic
                                                  AGENCY:  Enforcement and Compliance,                           producers of phosphate salts. See Letter to the            5 See Department Memorandum, ‘‘Issues and
                                                  International Trade Administration,                            Department, ‘‘Potassium Phosphate Salts from the         Decision Memorandum for the Final Results of the
                                                  Department of Commerce.                                        People’s Republic of China: Substantive Response         Expedited First Sunset Review of the
                                                                                                                 to Notice of Initiation of Five Year (First Sunset)      Countervailing Duty Order on Potassium Phosphate
                                                  SUMMARY: The Department of Commerce
                                                                                                                 Review of the Antidumping Duty and                       Salts from the People’s Republic of China,’’ dated
                                                  (the Department) finds that revocation                         Countervailing Duty Orders,’’ dated July 1, 2015,        concurrently with, and hereby adopted by, this
                                                  of the countervailing duty (CVD) order                         (Petitioners’ Substantive Response).                     notice.



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                                                  60122                         Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Notices

                                                  Notification Regarding Administrative                   Commerce, 14th Street and Constitution                 or fines. Also covered are all forms of
                                                  Protective Order                                        Avenue NW., Washington, DC 20230;                      TKPP, whether crushed, granule,
                                                     This notice also serves as the only                  telephone: (202) 482–7906 or (202) 482–                powder, fines or solution.
                                                  reminder to parties subject to                          5260, respectively.                                      For purposes of the order, the
                                                  administrative protective order (APO) of                SUPPLEMENTARY INFORMATION:                             narrative description is dispositive, and
                                                  their responsibility concerning the                                                                            not the tariff heading, American
                                                                                                          Background                                             Chemical Society, CAS registry number
                                                  return or destruction of proprietary
                                                                                                            As noted above, on June 1, 2015, the                 or CAS name, or the specific percentage
                                                  information disclosed under APO in
                                                                                                          Department published the initiation of                 chemical composition identified above.
                                                  accordance with 19 CFR 351.305.
                                                  Timely notification of the return or                    the first sunset review of salts from the              Analysis of Comments Received
                                                  destruction of APO materials or                         PRC.2 On June 11, 2015, ICL
                                                                                                          Performance Products, LP and Prayon,                      All issues raised in this sunset review
                                                  conversion to judicial protective orders                                                                       are addressed in the Issues and Decision
                                                  is hereby requested. Failure to comply                  Inc. (collectively, ‘‘Petitioners’’) timely
                                                                                                          notified the Department of their intent                Memorandum.5 The issues discussed in
                                                  with the regulations and terms of an                                                                           the Issues and Decision Memorandum
                                                  APO is a violation which is subject to                  to participate within the deadline
                                                                                                          specified in 19 CFR 351.218(d)(1)(i),                  include the likelihood of continuation
                                                  sanction.                                                                                                      or recurrence of dumping and the
                                                     The Department is issuing and                        claiming domestic interested party
                                                                                                          status under section 771(9)(C) of the                  magnitude of the margins likely to
                                                  publishing these final results and this                                                                        prevail if the order were to be revoked.
                                                  notice in accordance with sections                      Act.3 On July 1, 2015, the Department
                                                                                                          received an adequate substantive                       Parties may find a complete discussion
                                                  751(c), 752(b), and 777(i)(1) of the Act.                                                                      of all issues raised in the review and the
                                                                                                          response from Petitioners within the
                                                    Dated: September 28, 2015.                            deadline specified in 19 CFR                           corresponding recommendations in this
                                                  Paul Piquado,                                           351.218(d)(3)(i).4 We received no                      public memorandum which is on file
                                                  Assistant Secretary for Enforcement and                 responses from respondent interested                   electronically via Enforcement and
                                                  Compliance.                                             parties. As a result, the Department                   Compliance’s Antidumping and
                                                  [FR Doc. 2015–25303 Filed 10–2–15; 8:45 am]             conducted an expedited (120-day)                       Countervailing Duty Centralized
                                                  BILLING CODE 3510–DS–P                                  sunset review of the order, pursuant to                Electronic Service System (‘‘ACCESS’’).
                                                                                                          section 751(c)(3)(B) of the Act and 19                 ACCESS is available to registered users
                                                                                                          CFR 351.218(e)(1)(ii)(C)(2).                           at http://access.trade.gov, and is
                                                  DEPARTMENT OF COMMERCE                                                                                         available to all parties in the Central
                                                                                                          Scope of the Order                                     Records Unit, room B8024 of the main
                                                  International Trade Administration                        The phosphate salts covered by the                   Department of Commerce building. In
                                                  [A–570–962]                                             scope of the order include anhydrous                   addition, a complete version of the
                                                                                                          Dipotassium Phosphate (DKP) and                        Issues and Decision Memorandum can
                                                  Certain Potassium Phosphate Salts                       Tetrapotassium Pyrophosphate (TKPP),                   be accessed directly on the Internet at
                                                  From the People’s Republic of China:                    whether anhydrous or in solution                       http://enforcement.trade.gov/frn/
                                                  Final Results of Expedited First Sunset                 (collectively ‘‘phosphate salts’’).                    index.html. The signed and electronic
                                                  Review of the Antidumping Duty Order                      TKPP, also known as normal                           versions of the Issues and Decision
                                                                                                          potassium pyrophosphate,                               Memorandum are identical in content.
                                                  AGENCY:     Enforcement and Compliance,
                                                                                                          Diphosphoric acid or Tetrapotassium                    Final Results of Review
                                                  International Trade Administration,
                                                                                                          salt, is a potassium salt with the formula
                                                  Department of Commerce.                                                                                          Pursuant to section 752(c) of the Act,
                                                                                                          K4P2O7. The CAS registry number for
                                                  SUMMARY: On June 1, 2015, the
                                                                                                          TKPP is 7320–34–5. TKPP is typically                   the Department determines that
                                                  Department of Commerce                                  18.7 percent phosphorus and 47.3                       revocation of the order would be likely
                                                  (‘‘Department’’) published the notice of                                                                       to lead to continuation or recurrence of
                                                                                                          percent potassium. It is generally greater
                                                  initiation of the first five-year (‘‘sunset’’)                                                                 dumping at weighted-average margins
                                                                                                          than or equal to 43.0 percent P2O5
                                                  review of the antidumping duty order                                                                           up to 95.40 percent.
                                                                                                          content. TKPP is classified under
                                                  on certain potassium phosphate salts                    heading 2835.39.1000, HTSUS.                           Administrative Protective Order
                                                  (‘‘salts’’) from the People’s Republic of                 DKP, also known as Dipotassium salt,
                                                  China (‘‘PRC’’) pursuant to section                                                                              This notice also serves as the only
                                                                                                          Dipotassium hydrogen orthophosphate                    reminder to parties subject to
                                                  751(c) of the Tariff Act of 1930, as                    or Potassium phosphate, dibasic, has a
                                                  amended (the ‘‘Act’’).1 As a result of this                                                                    administrative protective order (‘‘APO’’)
                                                                                                          chemical formula of K2HPO4. The CAS                    of their responsibility concerning the
                                                  sunset review, the Department finds that                registry number for DKP is 7758–11–4.
                                                  revocation of the antidumping duty                                                                             return or destruction of proprietary
                                                                                                          DKP is typically 17.8 percent                          information disclosed under APO in
                                                  order on salts from the PRC would be                    phosphorus, 44.8 percent potassium and
                                                  likely to lead to continuation or                                                                              accordance with 19 CFR 351.305.
                                                                                                          40 percent P2O5 content. DKP is                        Timely notification of the return or
                                                  recurrence of dumping. The magnitude                    classified under heading 2835.24.0000
                                                  of the dumping margins likely to prevail                                                                       destruction of APO materials or
                                                                                                          HTSUS.                                                 conversion to judicial protective order is
                                                  is indicated in the ‘‘Final Results of                     The products covered by this order
                                                  Review’’ section of this notice.                                                                               hereby requested. Failure to comply
                                                                                                          include the foregoing phosphate salts in               with the regulations and terms of an
                                                  DATES: Effective date: October 5, 2015.                 all grades, whether food grade or
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  FOR FURTHER INFORMATION CONTACT:                        technical grade. The products covered                     5 See Memorandum to Paul Piquado, Assistant
                                                  Katie Marksberry or Ryan Mullen, AD/                    by this order also include anhydrous                   Secretary for Enforcement and Compliance, from
                                                  CVD Operations, Enforcement and                         DKP without regard to the physical                     Christian Marsh, Deputy Assistant Secretary for
                                                  Compliance, International Trade                         form, whether crushed, granule, powder                 Antidumping and Countervailing Duty Operations,
                                                                                                                                                                 Re: Issues and Decision Memorandum for the
                                                  Administration, U.S. Department of                                                                             Expedited First Sunset Review of the Antidumping
                                                                                                            2 Id.
                                                                                                                                                                 Duty Order on Certain Potassium Phosphate Salts
                                                    1 See                                                   3 See   Petitioners’ June 11, 2015, submission.
                                                        Initiation of Five-Year (‘‘Sunset’’) Review, 80                                                          from the People’s Republic of China, dated
                                                  FR 31012 (June 1, 2015).                                  4 See   Petitioners’ July 1, 2015, submission.       concurrently with this notice.



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Document Created: 2015-12-15 08:53:30
Document Modified: 2015-12-15 08:53:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ContactJacqueline Arrowsmith, Office VII, AD/ CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482- 5255.
FR Citation80 FR 60121 

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