[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:
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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