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China Potassium Phosphate Salts: Final CV Determination Amended, CV Duty Order Issued

The International Trade Administration has amended the final countervailing duty determination and is issuing a CV duty order for certain potassium phosphate salts from China (C-570-963).

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The ITA is also amending its CV duty suspension of liquidation and cash deposit instructions as the International Trade Commission published a final negative injury determination on July 22, 2010 with respect to anhydrous monopotassium phosphate (MKP).

The ITC made an affirmative injury determination with respect to tetrapotassium pyrophosphate (TKPP) and dipotassium phosphate (DKP).

Liquidation Resumes/CV Deposits Refunded for Entries of MKP

Because the ITC made a negative determination of material injury with respect to MKP, the ITA will direct U.S. Customs and Border Protection to terminate the CV suspension of liquidation for entries of MKP with a time of entry on or after March 8, 2010 (the publication date of the preliminary AD duty determination), and to release any bond or other security, and refund any cash deposit posted to secure the payment of estimated CV duties with respect to these entries.

CV Suspension of Liquidation Terminated July 5 for TKPP, DKP

For this investigation, the four month period for which the CV suspension of liquidation may remain in effect before the order is issued began on March 8, 2010 (the publication date of the preliminary determination) and ended on July 5, 2010.

As the ITC’s final affirmative injury determination was published on July 22, 2010, the ITA will instruct CBP to terminate the CV suspension of liquidation and to liquidate, without regard to CV duties, unliquidated entries of TKPP and DKP from China with a time of entry from July 6, 2010 through July 21, 2010.

The ITA will direct CBP to continue the suspension of liquidation on entries of TKPP and DKP from China with a time of entry on or after March 8, 2010 through July 5, 2010 (the date on which the ITA instructed CBP to discontinue the suspension of liquidation).

CV Suspension of Liquidation Reinstated July 22 for TKPP, DKP

Suspension of liquidation is reinstated for CV duty purposes for all entries of TKPP and DKP from China with a time of entry on or after July 22, 2010.

CV Cash Deposit Requirements for TKPP, DKP

The ITA will also instruct CBP to require, at the same time as importers would normally deposit estimated duties on this merchandise, CV cash deposits on entries of TKPP and DKP from China with a time of entry on or after July 22, 2010 at the following CV duty rates, which are unchanged from the final CV duty determination:

Producer/ExporterCV Rate (Cash Only)
Lianyungang Mupro Import Export Co Ltd.109.11%
Mianyang Aostar Phosphate Chemical Industry Co. Ltd.109.11%
Shifang Anda Chemicals Co. Ltd.109.11%
All Others109.11%

(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, 10072232, for BP summary of the companion antidumping duty order.

See ITT’s Online Archives or 06/01/10 news, 10060134, for BP summary of the ITA’s final CV duty determination.)

ITA contact -- Andrew Huston (202) 482-4261

(FR Pub 07/22/10, ITA Case No. C-570-963)

The ITC’s final injury determination (FR Pub 07/22/10) is available here.