Federal Register: October 1, 2009 (Volume 74, Number 189)
DOCID: fr01oc09-110 FR Doc E9-23627
INTERNATIONAL TRADE COMMISSION
International Trade Commission
NOTICE: NOTICES
DOCID: fr01oc09-110
ACTION: Antidumping and Countervailing Duty Investigations:
DOCUMENT ACTION: Institution of antidumping and countervailing duty investigations and scheduling of preliminary phase investigations.
SUBJECT CATEGORY:
Certain Sodium and Potassium Phosphate Salts From China
DATES: Effective Date: September 24, 2009.
DOCUMENT SUMMARY:
The Commission hereby gives notice of the institution of
investigations and commencement of preliminary phase antidumping and
countervailing duty investigations Nos. 701TA473 and 731TA1173
(Preliminary) under sections 703(a) and 733(a) of the Tariff Act of
1930 (19 U.S.C. 1671b(a) and 1673b(a)) (the Act) to determine whether
there is a reasonable indication that an industry in the United States
is materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports from China of certain sodium and
potassium phosphate salts,\1\ provided for in subheadings 2835.24.00,
2835.31.00, and 2835.39.10 of the Harmonized Tariff Schedule of the
United States, that are alleged to be sold in the United States at less
than fair value and alleged to be subsidized by the Government of
China. Unless the Department of Commerce extends the time for
initiation pursuant to sections 702(c)(1)(B) or 732(c)(1)(B) of the Act
(19 U.S.C. 1671a(c)(1)(B) or 1673a(c)(1)(B)), the Commission must reach
a preliminary determination in antidumping and countervailing duty
investigations in 45 days, or in this case by November 9, 2009. The
Commission's views are due at Commerce within five business days thereafter, or by November 17, 2009.
\1\ The petition individually identifies sodium
tripolyphosphate, monopotassium phosphate, dipotassium phosphate, and tetrapotassium pyrophosphate.
For further information concerning the conduct of these investigations and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A and B (19 CFR part 207).
SUMMARY:
Certain Sodium and Potassium Phosphate Salts from China,
SUPPLEMENTAL INFORMATION
Background. These investigations are being instituted in response to a petition filed on September 24, 2009, by ICL Performance Products, LP (St. Louis, MO) and Prayon, Inc. (Augusta, GA).
Participation in the investigations and public service list.
Persons (other than petitioners) wishing to participate in the
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in sections 201.11 and 207.10
of the Commission's rules, not later than seven days after publication
of this notice in the Federal Register. Industrial users and (if the
merchandise under investigation is sold at the retail level)
representative consumer organizations have the right to appear as parties in Commission antidumping and countervailing duty
investigations. The Secretary will prepare a public service list
containing the names and addresses of all persons, or their
representatives, who are parties to these investigations upon the expiration of the period for filing entries of appearance.
Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list. Pursuant to section 207.7(a) of the Commission's rules, the Secretary will make BPI gathered in these investigations available to authorized applicants representing interested parties (as defined in 19 U.S.C. 1677(9)) who are parties to the investigations under the APO issued in the investigations, provided that the application is made not later than seven days after the publication of this notice in the Federal Register. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO.
Conference. The Commission's Director of Investigations has scheduled a conference in connection with these investigations for 9:30 a.m. on October 15, 2009, at the U.S. International Trade Commission Building, 500 E Street, SW., Washington, DC. Parties wishing to participate in the conference should contact Jennifer Merrill (202205 3188) not later than October 13, 2009, to arrange for their appearance. Parties in support of the imposition of antidumping and countervailing duties in these investigations and parties in opposition to the imposition of such duties will each be collectively allocated one hour within which to make an oral presentation at the conference. A nonparty who has testimony that may aid the Commission's deliberations may request permission to present a short statement at the conference.
Written submissions. As provided in sections 201.8 and 207.15 of the Commission's rules, any person may submit to the Commission on or before October 20, 2009, a written brief containing information and arguments pertinent to the subject matter of the investigations. Parties may file written testimony in connection with their presentation at the conference no later than three days before the conference. If briefs or written testimony contain BPI, they must conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission's rules. The Commission's rules do not authorize filing of submissions with the Secretary by facsimile or electronic means, except to the extent permitted by section 201.8 of the Commission's rules, as amended, 67 FR 68036 (November 8, 2002). Even where electronic filing of a document is permitted, certain documents must also be filed in paper form, as specified in II (C) of the Commission's Handbook on Electronic Filing Procedures, 67 FR 68168, 68173 (November 8, 2002).
In accordance with sections 201.16(c) and 207.3 of the rules, each
document filed by a party to the investigations must be served on all other parties to the investigations (as identified by
[[Page 50818]]
either the public or BPI service list), and a certificate of service
must be timely filed. The Secretary will not accept a document for filing without a certificate of service.
Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.12 of the Commission's rules.
Issued: September 25, 2009.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E923627 Filed 93009; 8:45 am]
BILLING CODE 702002P
FOR FURTHER INFORMATION CONTACT
Jennifer Merrill (202-205-3188), Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearingimpaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 2022051810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 2022052000. General information concerning the Commission may also be obtained by accessing its Internet server (http://www.usitc.gov). The public record for these investigations may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.