China Potassium Phosphate Salts: Final Affirmative CV Determination
The International Trade Administration has made a final affirmative countervailing determination that countervailable subsidies are being provided to producers and exporters of certain potassium phosphate salts from China (C-570-963).
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
Termination of CV Critical Circumstances
The ITA previously made a preliminary affirmative determination of CV critical circumstances, and directed U.S. Customs and Border Protection to suspend liquidation for CV duty purposes of all entries of subject merchandise from China on or after December 8, 2009, which is 90 days prior to the publication date of the preliminary CV duty determination.
However, the ITA will now instruct CBP to remove the suspension of liquidation for the 90-day pre-preliminary determination period, and to refund any CV duty cash deposits and release any bond or other security previously posted within the 90-day period (December 8, 2009 -- March 7, 2010).
CV Suspension of Liquidation Continues from March 8
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 8, 2010 (the publication date of the preliminary CV duty determination).
CV Cash Deposit Requirements
The ITA will also instruct CBP to continue to collect CV duty cash deposits or bonds on all entries of subject merchandise with a time of entry on or after March 8, 2010 at the following CV duty rates, which are unchanged from the preliminary CV duty determination:
| Producer/Exporter | Final CV Rate |
| 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 Others | 109.11% |
ITA to Issue CV Order if ITC Issues Final Injury Determination
If the International Trade Commission issues a final affirmative injury determination, the ITA will issue a CV 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, 10060133, for BP summary of the ITA’s final determination in the companion antidumping 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 03/08/10 and 05/05/10 news, 10030835 and 10050534, for BP summaries of the ITA’s preliminary CV duty determination and its preliminary affirmative determination of critical circumstances.)
ITA contact -- Mark Hoadley (202) 482-3148
(Federal Register publication 06/01/10)