[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Notices]
[Pages 13311-13312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04766]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-962]


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

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

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

DATES: Applicable March 8, 2021.

FOR FURTHER INFORMATION CONTACT: Emily Halle, AD/CVD Operations, Office 
V, Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-0176.

SUPPLEMENTARY INFORMATION:

Background

    On July 22, 2010, the Department of Commerce (Commerce) published 
the antidumping duty order on salts from China.\1\ On November 3, 2020, 
Commerce initiated the second sunset review of the Order pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\ On 
November 18, 2020, Commerce received a notice of intent to participate 
in this sunset

[[Page 13312]]

review from ICL Performance Products LP and Prayon, Inc. (collectively, 
Domestic Industry), within the deadline specified in 19 CFR 
351.218(d)(1)(i).\3\ The members of the Domestic Industry claimed 
interested party status under section 771(9)(C) of the Act as producers 
of the domestic like product in the United States. On December 3, 2020, 
Commerce received a substantive response from the Domestic Industry 
within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).\4\ 
Commerce received no substantive responses from respondent interested 
parties, nor was a hearing requested. On December 23, 2020, Commerce 
notified the U.S. International Trade Commission 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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    \1\ See Notice of Antidumping Duty Order: 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, 75 FR 42683 (July 22, 2010) (Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 69585 
(November 3, 2020).
    \3\ See Domestic Industry's Letter, ``Potassium Phosphate Salts 
from the People's Republic of China: Notice of Intent to 
Participate,'' dated November 18, 2020.
    \4\ See Domestic Industry's Letter, ``Potassium Phosphate Salts 
from the People's Republic of China: Substantive Response to Notice 
of Initiation of Five-Year (Sunset) Review of the Antidumping Duty 
Order and Countervailing Duty Order,'' dated December 3, 2020.
    \5\ See Commerce's Letter, ``Sunset Reviews for November 2020,'' 
dated December 23, 2020.
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Scope of the Order

    The products covered by the 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 
K<INF>4</INF>P<INF>2</INF>O<INF>7</INF>. The CAS registry number for 
TKPP is 7320-34-5. TKPP is typically 18.7 percent phosphorus and 47.3 
percent potassium. It is generally greater than or equal to 43.0 
percent P<INF>2</INF>O<INF>5</INF> content. TKPP is classified under 
subheading 2835.39.1000 of the 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 K<INF>2</INF>HPO<INF>4</INF>. The CAS registry number for DKP is 
7758-11-4. DKP is typically 17.8 percent phosphorus, 44.8 percent 
potassium and 40 percent P<INF>2</INF>O<INF>5</INF> content. DKP is 
classified under subheading 2835.24.0000 HTSUS.
    The products covered by the Order include the foregoing phosphate 
salts in all grades, whether food grade or technical grade. The 
products covered by the Order also include 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.
    For purposes of the Order, the narrative description is 
dispositive, and not the tariff heading, American Chemical Society, CAS 
registry number or CAS name, or the specific percentage chemical 
composition identified above.

Analysis of Commerce Received

    All issues raised in this review, including the likelihood of 
continuation or recurrence of dumping in the event of revocation and 
the magnitude of the margins likely to prevail if the Order were 
revoked, are addressed in the accompanying Issues and Decision 
Memorandum.\6\ 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 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 
at http://enforcement.trade.gov/frn/. The signed and the electronic 
version of the Issues and Decision Memorandum are identical in content.
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    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Expedited Second Sunset Review of the 
Antidumping 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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Final Results of Sunset Review

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the antidumping duty order on 
salts from China would likely lead to continuation or recurrence of 
dumping and that the magnitude of the margins is up to 95.40 
percent.\7\
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    \7\ See Issues and Decision Memorandum
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Administrative Protective Order (APO)

    This notice serves as the only reminder to interested 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 these final results and notice in 
accordance with sections 751(c), 752(c), 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. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Margins Likely to Prevail
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2021-04766 Filed 3-5-21; 8:45 am]
BILLING CODE 3510-DS-P