China Potassium Phosphate Salts: Final Affirmative AD Determination

The International Trade Administration has made a final affirmative antidumping duty determination that certain potassium phosphate salts from China (A-570-962) are being, or are likely to be, sold in the U.S. at less than fair value.

Combination Rates

The ITA has calculated combination rates for respondents that are eligible for a separate rate in this investigation. (See ITT's Online Archives or 04/11/05 news, 05041110, for BP summary of 2005 policy bulletin on AD combination rates for non-market economies (NMEs).)

Termination of AD Critical Circumstances

The ITA previously made a preliminary affirmative determination of AD critical circumstances, and directed U.S. Customs and Border Protection to suspend liquidation for AD duty purposes of all entries of subject merchandise from China on or after December 16, 2009, which is 90 days prior to the March 16, 2010 publication date of the preliminary AD duty determination.

However, the ITA has now made a final negative determination of AD critical circumstances. It will instruct CBP to remove the suspension of liquidation for the 90-day period (December 16, 2009 -- March 15, 2010) before the March 16, 2010 preliminary determination date, and to refund any AD duty cash deposits and release any bond or other security made during the 90-day period.

AD Suspension of Liquidation Continues from March 16

The ITA will instruct CBP to continue the suspension of liquidation for all entries of subject merchandise from China with a time of entry on or after March 16, 2010 (the publication date of the preliminary AD duty determination).

Final AD Cash Deposit Requirements

The ITA will also instruct CBP to continue to collect AD duty cash deposits or bonds on all entries of subject merchandise with a time of entry on or after March 16, 2010 at the following AD duty rates, which are unchanged from the preliminary AD duty determination:

¹The China-wide entity includes Sichuan Blue Sword Import and Export Co., Ltd. and SD BNI (LYG) Co. Ltd.

ITA to Issue AD Order if ITC Issues Final Injury Determination

If the International Trade Commission issues a final affirmative injury determination, the ITA will issue an AD duty order.

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.

(See ITA notice for additional information, including the scope of the order (which remains unchanged from the initiation notice), etc.

See today’s issue of ITT, 10060134, for BP summary of the ITA’s final determination in the companion countervailing duty investigation

See ITT’s Online Archives or 05/26/10 news, 10052676, for BP summary of the ITA’s fact sheet on this final determination.

See ITT’s Online Archives or 03/16/10 and 05/05/10 news, 10031655 and 10050534, for BP summaries of the ITA’s preliminary AD duty determination and its affirmative determination of critical circumstances.)

ITA contact -- Katie Marksberry (202) 482-7906

(Federal Register publication 06/01/10)