NOTICE OF FINAL DETERMINATION AND NEGATIVE FINAL CRITICAL CIRCUMSTANCES IN THE ANTIDUMPING DUTY INVESTIGATION FOR CERTAIN POTASSIUM PHOSPHATE SALTS FROM CHINA (A-570-962)

1. ON 06/01/2010, COMMERCE PUBLISHED IN THE FEDERAL REGISTER (75 FR 30377) ITS FINAL AFFIRMATIVE DETERMINATION OF SALES AT LESS THAN FAIR VALUE IN THE ANTIDUMPING DUTY INVESTIGATION OF CERTAIN POTASSIUM PHOSPHATE SALTS FROM THE PEOPLE'S REPUBLIC OF CHINA (“PRC”). 2. 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. 3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED INVESTIGATION NUMBER A-570-962. 4. BECAUSE COMMERCE NOW DETERMINES THAT CRITICAL CIRCUMSTANCES DO NOT EXIST, THE RETROACTIVE SUSPENSION OF LIQUIDATION ORDERED AT THE TIME OF THE PRELIMINARY CRITICAL CIRCUMSTANCES DETERMINATION IS TERMINATED. ACCORDINGLY, CBP IS DIRECTED TO TERMINATE THE SUSPENSION OF LIQUIDATION FOR ALL SHIPMENTS OF CERTAIN POTASSIUM PHOSPHATE SALTS FROM THE PRC ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION, PRIOR TO MARCH 16, 2010, AND TO REFUND ANY CASH DEPOSITS AND RELEASE ANY BONDS OR OTHER SECURITY. INTEREST PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930 DO NOT APPLY. FOR IMPORTS OF CERTAIN POTASSIUM PHOSPHATE SALTS FROM THE PRC, CBP SHALL SUSPEND LIQUIDATION OF SUCH SHIPMENTS ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER MARCH 16, 2010. THE DATE OF NOTICE OF LIFTING OF SUSPENSION FOR THE SHIPMENTS REFERENCED ABOVE IS 06/01/2010 (SEE 75 FR 30377). 5. EFFECTIVE 06/01/2010, CBP SHALL REQUIRE, FOR SUCH ENTRIES, A CASH DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE MARGINS FOR THE FOLLOWING PRODUCER AND EXPORTER COMBINATION: EXPORTER: SNOW-APPLE GROUP LIMITED PRODUCER: CHENGDU LONG TAI BIOTECHNOLOGY CO., LTD. CASE NUMBER: A-570-962-001 CASH DEPOSIT RATE: 69.58 EXPORTER: TIANJIN CHENGYI INTERNATIONAL TRADING (TIANJIN) CO., LIMITED PRODUCER: ZHENJIANG DANTU GUANGMING AUXILIARY MATERIAL FACTORY CASE NUMBER: A-570-962-002 CASH DEPOSIT RATE: 69.58 EXPORTER: TIANJIN CHENGYI INTERNATIONAL TRADING (TIANJIN) CO., LIMITED PRODUCER: SICHUAN SHIFANG HONGSHENG CHEMICALS CO., LTD. CASE NUMBER: A-570-962-003 CASH DEPOSIT RATE: 69.58 EXPORTER: WENDA CO., LTD. PRODUCER: THERMPHOS (CHINA) FOOD ADDITIVE CO., LTD CASE NUMBER: A-570-962-004 CASH DEPOSIT RATE: 69.58 EXPORTER: YUNNAN NEWSWIFT COMPANY LTD. PRODUCER: GUANGXI YIZHOU YISHENG FINE CHEMICALS CO., LTD. CASE NUMBER: A-570-962-005 CASH DEPOSIT RATE: 69.58 EXPORTER: YUNNAN NEWSWIFT COMPANY LTD. PRODUCER: MAINZHU HANWANG MINERAL SALT CHEMICAL CO., LTD. CASE NUMBER: A-570-962-006 CASH DEPOSIT RATE: 69.58 EXPORTER: YUNNAN NEWSWIFT COMPANY LTD. PRODUCER: SICHUAN SHENGFENG PHOSPHATE CHEMICAL CO., LTD. CASE NUMBER: A-570-962-007 CASH DEPOSIT RATE: 69.58 EXPORTER/PRODUCER: PRC-WIDE CASE NUMBER: A-570-962-000 CASH DEPOSIT RATE: 95.40 6. FOR ALL OTHER ENTRIES OF CERTAIN POTASSIUM PHOSPHATE SALTS FROM THE PRC, THE FOLLOWING CASH DEPOSIT/BONDING INSTRUCTIONS APPLY: A. FOR ALL PRC EXPORTERS OF CERTAIN POTASSIUM PHOSPHATE SALTS WHICH HAVE NOT RECEIVED THEIR OWN RATE, THE CASH-DEPOSIT OR BONDING RATE WILL BE THE PRC-WIDE RATE. B. FOR ALL NON-PRC EXPORTERS OF CERTAIN POTASSIUM PHOSPHATE SALTS WHICH HAVE NOT RECEIVED THEIR OWN RATE, THE CASH-DEPOSIT OR BONDING RATE WILL BE THE RATE APPLICABLE TO THE PRODUCER/EXPORTER COMBINATIONS THAT SUPPLIED THAT NON-PRC EXPORTER. 7. IN ACCORDANCE WITH T.D. 85-145, AT THE DISCRETION OF CBP, CUSTOMS OFFICERS MAY ACCEPT EITHER A SINGLE–ENTRY BASIC IMPORTATION AND ENTRY BOND OR A CONTINUOUS BASIC IMPORTATION AND ENTRY BOND ONLY IF THE AMOUNT OF THE ESTIMATED ANTIDUMPING OR COUNTERVAILING DUTY IS LESS THAN FIVE PERCENT AD VALOREM (OR THE EQUIVALENT). OTHERWISE, WHERE THE IMPORTER HAS THE OPTION TO POST A BOND FOR ESTIMATED ANTIDUMPING OR COUNTERVAILING DUTIES, CUSTOMS OFFICERS MUST REQUIRE A SINGLE-ENTRY BASIC IMPORTATION AND ENTRY BOND PURSUANT TO T.D. 85-145. YOU ARE INSTRUCTED TO ADHERE TO THE REQUIREMENTS OF T.D. 85-145 WITH RESPECT TO THESE BONDING REQUIREMENTS. 8. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA HASHMI OR RON TRENTHAM AT THE OFFICE OF AD/CVD OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984 OR (202) 482-3577, RESPECTIVELY (GENERATED BY O9:KM). 9. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. MICHAEL B. WALSH