AD: China Certain Phosphate Salts
The International Trade Administration has initiated an antidumping duty investigation to determine whether imports of certain sodium and potassium phosphate salts from China are being, or are likely to be, sold in the U.S. at less than fair value.
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Comments on Scope of the Investigation Due by November 3rd
Comments on the scope of this AD duty investigation are due by November 3, 2009.
Comments on Product Characteristics for AD Questionnaire Due November 3rd
The ITA is also requesting comments from interested parties regarding the appropriate physical characteristics of certain phosphate salts to be reported in response to the AD questionnaire.
This information will be used to identify the key physical characteristics of the subject merchandise in order to more accurately report the relevant factors and costs of production, as well as to develop appropriate product reporting criteria.
Comments on product characteristics to be reported in response to the AD questionnaire must be submitted by November 3, 2009. (Rebuttal comments are due by November 10, 2009.)
Q&V Questionnaires Due by November 4th
The ITA is requesting quantity and value (Q&V) information from all known exporters and producers listed with complete contact information in the AD petition. The Q&V data received from NME exporters/producers will be used as the basis to select the mandatory respondents.
Q&V questionnaires are available at http://ia.ita.doc.gov/download/nme-sep-rates/prc-spps/prc-spps-qvq-101509.pdf. Completed questionnaires are due by November 4, 2009.
Separate Rate Applications Due by December 21st
The ITA also requires exporters and producers seeking separate rate status in this AD duty investigation to submit a separate rate application no later than December 21, 2009. The separate rate application is available at http://ia.ita.doc.gov/download/nme-sep-rates/prc-spps/prc-spps-sra-101509.pdf.
The ITA requires that the respondents submit a response to both the Q&V questionnaire and the separate rate application by the respective deadlines in order to receive consideration for separate rate status.
The ITA will also calculate combination rates for certain respondents that are eligible for a separate rate in this investigation.
Comments on Targeted Dumping Due January 15th
Any interested party that wishes to make a targeted dumping allegation in this AD investigation may submit allegations by January 15, 2010 (i.e., no later than 45 days before the scheduled date of the ITA's preliminary determination).
(Note that in December 2008, the ITA issued an interim final rule for the purposes of withdrawing the regulations governing targeted dumping analysis in AD duty investigations. See ITT's Online Archives or 12/15/08 and 01/15/09 news, 08121525 and 09011535, for BP summaries of the interim final rule and extension of the comment period.)
Scope of the Investigation
The phosphate salts covered by this investigation include Sodium Tripolyphosphate (STPP), whether anhydrous or in solution, anhydrous Monopotassium Phosphate (MKP), anhydrous Dipotassium Phosphate (DKP) and Tetrapotassium Pyrophosphate (TKPP), whether anhydrous or in solution (collectively phosphate salts).
STPP, also known as Sodium triphosphate, Tripoly or Pentasodium triposphate, is a sodium polyphosphate with the formula Na5O10P3. The American Chemical Society, Chemical Abstract Service (CAS) registry number for STPP is 7758294. STPP is typically 25% phosphorus, 31% sodium and and 57% diphosphorus pentoxide (P2O5).STPP is classified under Harmonized Tariff Schedule heading 2835.31.0000.
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 7320345. 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 HTS 2835.39.1000.
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 7778770. MKP is typically 22.7% phosphorus, 28.7% potassium and 52% P2O5. MKP is classified under HTS 2835.24.0000.
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 7758114. DKP is typically 17.8% phosphorus, 44.8% potassium and 40% P2O5 content. DKP is classified under HTS 2835.24.0000.
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 STPP and TKPP, whether crushed, granule, powder, fines or solution.
The ITA notes that 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.
(See future issue of ITT for BP summary of the initiation of the companion countervailing duty investigation.)
- ITA's preliminary AD duty determination due by 03/03/10
-International Trade Commission's preliminary AD injury determination due 11/09/09
ITA contact - Katie Marksberry (202) 482-7906
ITA notice (FR Pub 10/21/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-25340.pdf
ITA fact sheet available at http://ia.ita.doc.gov/download/factsheets/factsheet-prc-spps-init-101509.pdf