Federal Register / Vol. 75, No. 104 / Tuesday, June 1, 2010 / Notices 30375 

1See Certain Potassium Phosphate Salts from the 

People’s Republic of China: Preliminary Affirmative 

Countervailing Duty Determination and Alignment 

of Final Countervailing Duty Determination with 

Final Antidumping Duty Determination, 75 FR 

10466 (March 8, 2010) (Preliminary Determination). 

2Because the critical circumstances allegation 

was not filed until April 6, 2010, we were not able 

to issue our determination before the due date for 

case briefs. We did not receive any requests to 

extend the due date. 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–963] 

Certain Potassium Phosphate Salts 

From the People’s Republic of China: 

Final Affirmative Countervailing Duty 

Determination and Termination of 

Critical Circumstances Inquiry 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: June 1, 2010. 

SUMMARY: On March 8, 2010, the 

Department of Commerce (Department) 

published its preliminary affirmative 

determination in the countervailing 

duty investigation of certain potassium 

phosphate salts from the People’s 

Republic of China (PRC).1 The period of 

investigation (POI) is January 1, 2008 

through December 31, 2008. We invited 

interested parties to comment on our 

Preliminary Determination, and 

received comments from the domestic 

industry. We have made no changes for 

the final determination. We determine 

that countervailable subsidies are being 

provided to producers and exporters of 

certain potassium phosphate salts from 

the PRC. For information on the 

estimated countervailing duty rates, 

please see the ‘‘Suspension of 

Liquidation’’ section, below. 

FOR FURTHER INFORMATION CONTACT: 

Mark Hoadley, AD/CVD Operations, 

Office 6, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street, and Constitution Avenue, NW., 

Washington, DC 20230; telephone: (202) 

482–3148. 

SUPPLEMENTARY INFORMATION: 

Case History 

The following events have occurred 

since the announcement of the 

Preliminary Determination, which was 

published in the Federal Register on 

March 8, 2010. ICL Performance 

Products LP and Prayon, Inc. 

(Petitioners) filed a critical 

circumstances allegation on April 6, 

2010. Subsequently, on April 29, 2010, 

the Department issued a preliminary 

affirmative critical circumstances 

determination. See Certain Potassium 

Phosphate Salts from the People’s 

Republic of China: Preliminary 

Affirmative Determination of Critical 

Circumstances in the Countervailing 

Duty Investigation, 75 FR 24575, 24577 

(May 5, 2010). 

On April 27, 2010, we received a case 

brief from Petitioners. We received no 

other case briefs and no rebuttal briefs. 

Petitioners’ brief simply notes its 

agreement with the Department’s 

preliminary countervailing duty 

determination, and reiterates its 

arguments in favor of an affirmative 

critical circumstances determination.2

Petitioners put forth no arguments for 

revisions to our adverse facts available 

(AFA) methodology or to any other 

aspect of our determinations. On May 

18, 2010, Petitioners withdrew their 

critical circumstances allegation. 

Injury Test 

Because the PRC is a ‘‘Subsidies 

Agreement Country’’ within the meaning 

of section 701(b) of the Tariff Act of 

1930, as amended (the Act), the U.S. 

International Trade Commission (ITC) is 

required to determine pursuant to 

section 701(a)(2) of the Act whether 

imports of the subject merchandise from 

the PRC materially injure, or threaten 

material injury to, a United States 

industry. On November 23, 2009, the 

ITC published its preliminary 

determination that there is a reasonable 

indication that an industry in the 

United States producing 

monopotassium phosphate (MKP) is 

materially injured or threatened with 

material injury, and industries in the 

United States producing dipotassium 

phospate (DKP) and tetrapotassium 

pyrophosphate (TKPP) are threatened 

with material injury by reason of 

allegedly subsidized imports from the 

PRC of subject merchandise. See 

Investigations Nos. 701–TA–473 and 

731–TA–1173 (Preliminary), Certain 

Sodium and Potassium Phosphate Salts 

from China, 74 FR 61173 (November 23, 

2009). The ITC found that there is no 

reasonable indication that an industry 

producing sodium tripolyphosphate 

(STPP) is materially injured by reason of 

imports alleged to be subsidized by the 

PRC. Id. 

Scope of the Investigation 

The phosphate salts covered by this 

investigation include anhydrous 

monopotassium phosphate (MKP), 

anhydrous dipotassium phospate (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). 

MKP, also known as potassium 

dihydrogen phosphate, KDP, or 

monobasic potassium phosphate, is a 

potassium salt with the formula 

KH2PO4. The CAS registry number for 

MKP is 7778–77–0. MKP is typically 

22.7% phosphorus, 28.7% potassium 

and 52% P2O5. MKP is classified under 

heading 2835.24.0000, 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 

investigation include the foregoing 

phosphate salts in all grades, whether 

food grade or technical grade. The 

products covered by this investigation 

include anhydrous MKP and 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 investigation, 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. 

Period of Investigation 

The period for which we are 

measuring subsidies, i.e., the period of 

investigation, is January 1, 2008 through 

December 31, 2008. 

Comments on the Preliminary 

Determination 

As noted above, the Department 

received a case brief from Petitioners 

only, and no rebuttal briefs. Petitioners’ 

brief simply states their agreement with 

the Department’s preliminary AFA 

determination, and reiterates their 

arguments for finding critical 

circumstances, but does not offer any 

arguments or suggestions for modifying 

our determinations or methodologies in 

any manner. Moreover, Petitioners’ 

affirmative statements regarding critical 

circumstances have become moot now 


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30376 Federal Register / Vol. 75, No. 104 / Tuesday, June 1, 2010 / Notices 

3See e.g., Notice of Final Determination of Sales 

at Less Than Fair Value and Termination of 

Critical-Circumstances Investigation: Electrolytic 

Manganese Dioxide from Australia, 73 FR 47586, 

47586–87 (August 14, 2008), granting a postpreliminary determination request to withdraw a critical circumstances allegation. 

that they have withdrawn their 

allegation (see below). Therefore, given 

Petitioners’ complete concurrence with 

the Department’s positions, we have not 

addressed their comments specifically. 

Use of Facts Available and Adverse 

Facts Available 

For purposes of this final 

determination, we relied on AFA in 

accordance with sections 776(a) and (b) 

of the Act to determine the total 

countervailable subsidy rates. The 

government of the PRC and the three 

mandatory company respondents did 

not respond to the Department’s 

questionnaire. Because of the failure to 

provide requested information, we 

determine that the use of facts otherwise 

available is required, pursuant to 

section 776(a)(2)(C), and that, because of 

this lack of cooperation, the application 

of an adverse inference is also 

warranted, pursuant to section 776(b) of 

the Act. In determining appropriate 

AFA rates for the programs under 

investigation, we applied the 

methodology developed in prior CVD 

investigations. A full discussion of our 

decision to apply AFA, and the 

methodology we followed, is presented 

in the Preliminary Determination in the 

section ‘‘Application of Facts Otherwise 

Available,’’ and a detailed explanation 

of the AFA rates determined for each 

program can be found in Memorandum 

to the File, ‘‘Application of Adverse 

Facts Available Rates for Preliminary 

Determination,’’ March 1, 2010. There is 

no new information or more recently 

calculated rates in final CVD 

determinations involving the PRC 

which warrant any revisions to the rates 

assigned in the Preliminary 

Determination. 

Critical Circumstances 

As noted above, Petitioners withdrew 

their critical circumstances allegation 

on May 18, 2010. Pursuant to this 

withdrawal, and because the 

Department has not ‘‘expended 

significant resources’’ in examining the 

allegation,3 the Department determines 

there is no need to make a critical 

circumstances determination in this 

investigation and is terminating the 

critical circumstances inquiry. We will, 

therefore, instruct U.S. Customs and 

Border Protection (CBP) to terminate the 

suspension of liquidation, refund any 

cash deposits, and release any bond or 

other security previously posted, for 

entries from December 8, 2009 until 

March 8, 2010, the publication date of 

the Preliminary Determination, 

effectively rescinding our instructions to 

CBP pursuant to the preliminary 

affirmative critical circumstances 

determination. 

Continuation of Suspension of 

Liquidation 

In accordance with section 

705(c)(1)(B)(i)(I) of the Act, we have 

assigned a subsidy rate to each of the 

three producers/exporters of the subject 

merchandise that were selected as 

mandatory company respondents in this 

CVD investigation. With respect to the 

all-others rate, section 705(c)(5)(A)(ii) of 

the Act provides that if the 

countervailable subsidy rates 

established for all exporters and 

producers individually investigated are 

determined entirely in accordance with 

section 776 of the Act, the Department 

may use any reasonable method to 

establish an all-others rate for exporters 

and producers not individually 

investigated. In this case, the rate 

calculated for the three investigated 

companies is based entirely on facts 

available under section 776 of the Act. 

There is no other information on the 

record upon which to determine an allothers rate. As a result, we have used 

the AFA rate assigned to the three 

mandatory respondents as the all-others 

rate. This method is consistent with the 

Department’s past practice. See, e.g., 

Final Affirmative Countervailing Duty 

Determination: Certain Hot-Rolled 

Carbon Steel Flat Products From 

Argentina, 66 FR 37007, 37008 (July 16, 

2001); see also, Final Affirmative 

Countervailing Duty Determination: 

Prestressed Concrete Steel Wire Strand 

From India, 68 FR 68356 (December 8, 

2003); Sodium Nitrite from the People’s 

Republic of China: Final Affirmative 

Countervailing Duty Determination, 73 

FR 38981 (July 8, 2008). 

As a result, we have determined the 

following subsidy rates. 

Producer/Exporter Subsidy rate 

Lianyungang Mupro Import Export Co Ltd ............................................... 109.11 percent ad valorem. 

Mianyang Aostar Phosphate Chemical Industry Co. Ltd ......................... 109.11 percent ad valorem. 

Shifang Anda Chemicals Co. Ltd ............................................................. 109.11 percent ad valorem. 

All-Others .................................................................................................. 109.11 percent ad valorem. 

In accordance with section 

703(d)(1)(A)(i) of the Act, we directed 

CBP to suspend liquidation of all entries 

of the subject merchandise from the 

PRC, which are entered or withdrawn 

from warehouse, for consumption on or 

after March 8, 2010, the date of 

publication of the Preliminary 

Determination. After the preliminary 

affirmative critical circumstances 

determination, we directed CBP to 

suspend liquidation of all entries on or 

after December 8, 2009 (encompassing 

the retroactive 90-day period) pursuant 

to section 703(e)(2) of the Act. As noted 

above, however, we will now instruct 

CBP to remove the suspension of 

liquidation for the 90-day prepreliminary determination period, to 

refund any cash deposits and release 

any bond or other security previously 

posted within the 90-day period, but to 

continue collecting bonds or cash 

deposits on all entries, entered or 

withdrawn from warehouse, for 

consumption on or after March 8, 2010. 

If the ITC issues a final affirmative 

injury determination, we will issue a 

countervailing duty order under section 

706(a) of the Act, and instruct CBP to 

require cash deposits of the estimated 

countervailing duties. If the ITC 

determines that material injury to, threat 

of material injury to, or material 

retardation of, the domestic industry 

does not exist, this proceeding will be 

terminated and all estimated duties 

deposited or securities posted as a result 

of the suspension of liquidation will be 

refunded or canceled. 

ITC Notification 

In accordance with section 705(d) of 

the Act, we will notify the ITC of our 

determination. In addition, we are 

making available to the ITC all nonprivileged and non-proprietary 

information related to this investigation. 

We will allow the ITC access to all 

privileged and business proprietary 

information in our files, provided the 

ITC confirms that it will not disclose 


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Federal Register / Vol. 75, No. 104 / Tuesday, June 1, 2010 / Notices 30377 

1See 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’’). 

2See Letter from Petitioners to the Department; 

regarding Certain Potassium Phosphate Salts from 

the People’s Republic of China: Allegation of 

Critical Circumstances; dated April 2, 2010. 

3See Certain Potassium Phosphate Salts from the 

People’s Republic of China: Preliminary Affirmative 

Determination of Critical Circumstances in the 

Antidumping Duty Investigation, 75 FR 24572 (May 

5, 2010) (‘‘Prelim Critical Circumstances 

Determination’’). 

4See letter to the Department from Petitioners, 

regarding Certain Potassium Phosphate Salts from 

the People’s Republic of China: Withdrawal of 

Allegation of Critical Circumstances, dated May 18, 

2010. 

such information, either publicly or 

under an Administrative Protective 

Order (APO), without the written 

consent of the Assistant Secretary for 

Import Administration. 

Return or Destruction of Proprietary 

Information 

In the event that the ITC issues a final 

negative injury determination, this 

notice will serve as the only reminder 

to parties subject to an APO of their 

responsibility concerning the 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of the return/ 

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. 

This determination is issued and 

published pursuant to sections 705(d) 

and 777(i) of the Act. 

Dated: May 24, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–13070 Filed 5–28–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–962] 

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 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: June 1, 2010. 

SUMMARY: On March 16, 2010, the 

Department of Commerce (the 

‘‘Department’’) published its notice of 

preliminary determination of sales at 

less than fair value (‘‘LTFV’’) in the 

antidumping investigation of certain 

potassium phosphate salts (‘‘salts’’) from 

the People’s Republic of China (‘‘PRC’’).1

The period of investigation (‘‘POI’’) is 

January 1, 2009, through June 30, 2009. 

We invited interested parties to 

comment on our preliminary 

determination of sales at LTFV. We 

made no changes for the final 

determination. We determine that salts 

from the PRC are being, or are likely to 

be, sold in the United States at LTFV as 

provided in section 735 of the Tariff Act 

of 1930, as amended (‘‘the Act’’). The 

estimated margins of sales at LTFV are 

shown in the ‘‘Final Determination 

Margins’’ section of this notice. 

FOR FURTHER INFORMATION CONTACT: 

Katie Marksberry or Irene Gorelik, 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 or (202) 482– 

6905, respectively. 

SUPPLEMENTARY INFORMATION: 

Case History 

The Department published its 

Preliminary Determination on March 16, 

2010. On April 2, 2010, Petitioners filed 

an allegation of critical circumstances.2

On April 15, 2010, we received a case 

brief from Petitioners. We did not 

receive any case or rebuttal briefs from 

any other interested parties. On May 5, 

2010, we published the preliminary 

affirmative determination of critical 

circumstances.3 On May 18, 2010, 

Petitioners withdrew their allegation of 

critical circumstances.4

Tolling of Administrative Deadlines 

As explained in the memorandum 

from the Deputy Assistant Secretary for 

Import Administration, the Department 

has exercised its discretion to toll 

deadlines for the duration of the closure 

of the Federal Government from 

February 5, through February 12, 2010. 

Thus, all deadlines in this segment of 

the proceeding have been extended by 

seven days. The revised deadline for 

this final determination is now May 24, 

2010. See Memorandum to the Record 

from Ronald Lorentzen, DAS for Import 

Administration, regarding ‘‘Tolling of 

Administrative Deadlines As a Result of 

the Government Closure During the 

Recent Snowstorm,’’ dated February 12, 

2010. 

Scope of Investigation 

The phosphate salts covered by this 

investigation include anhydrous 

Monopotassium Phosphate (MKP), 

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, 

HTSUS. 

MKP, also known as Potassium 

dihydrogen phosphate, KDP, or 

Monobasic potassium phosphate, is a 

potassium salt with the formula 

KH2PO4. The CAS registry number for 

MKP is 7778–77–0. MKP is typically 

22.7% phosphorus, 28.7% potassium 

and 52% P2O5. MKP is classified under 

heading 2835.24.0000, 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 

investigation include the foregoing 

phosphate salts in all grades, whether 

food grade or technical grade. The 

product covered by this investigation 

includes anhydrous MKP and 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 investigation, 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. 

Comments on the Preliminary 

Determination 

On April 15, 2010, Petitioners 

submitted a case brief in which they 

agreed with the decisions the 

Department made in the Preliminary 

Determination and stated that the 

Department’s use of adverse facts 

available (‘‘AFA’’) in the Preliminary 

Determination was warranted and 

appropriate. No other interested party 

commented on the Preliminary 

Determination. 


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