ANNOUNCEMENT 24 Sep 2009In September 2009, the government of the United States initiated a new anti-subsidy and a new anti-dumping investigation.
NUMBER OF INTERVENTIONS
Based on information obtained from the public (confidential) version of the petition,
Two U.S. companies (ICL Performance Products LP and Prayon, Inc.) filed anti-dumping (AD) and countervailing duty (CVD) petitions on September 24, 2009 against imports of sodium and potassium phosphate salts from China. These two petitioners are subsidiaries of companies headquartered in Israel and Belgium, respectively, that account for 95% of U.S. production of the subject merchandise. Imports of a related product (industrial phosphoric acid) from Israel were subject to AD and CVD orders during 1987-2000, and to an AD order when imported from Belgium during that same period.
The petitioners request that China be treated as a non-market economy (NME) in the AD investigation, making it subject to a special investigative methodology under which price comparisons are made not between prices in the United States versus prices in China, but instead between prices in the United States versus prices in another country (known as the 'surrogate'). In this instance the petitioners have requested that India be used as the surrogate country.
Under U.S. trade-remedy laws, AD and CVD petitions are subject to a four-stage process: a preliminary injury determination by the USITC, the preliminary and final dumping and subsidy determinations by the International Trade Administration (ITA) of the Department of Commerce, and the USITC's final injury determination.
The USITC's preliminary injury determination was unusually complicated. The commission found that there are four separate domestic like products in these investigations.
With respect to sodium tripolyphosphate (STPP), the commission made negative determinations. All six commissioners voted in the negative. As a result the investigations concerning imports of that product will end.
The commission reached (by various margins) affirmative determinations with respect to dipotassium phosphate (DKP), tetrapotassium pyrophosphate (TKPP), and monopotassium phosphate (MKP). As a result ITA will continue to conduct its anti-dumping and countervailing duty investigations on imports of these products from China. It found in its preliminary countervailing duty determination a total subsidy rate of 109.11% (published March 8, 2010), while in its preliminary anti-dumping duty determination the department found rates of 69.58% for seven countries (published March 16, 2010).The next step is the ITA's final determinations.