China potassium phosphate salts CVD: expedited third sunset final results
Commerce expedited third sunset of the China potassium phosphate salts CVD Order. Likelihood finding, 109.11% rates, and why AD/CVD stays outside drawback.
Commerce finds that revocation of the countervailing duty (CVD) order on certain potassium phosphate salts from China would be likely to lead to continuation or recurrence of countervailable subsidies. The expedited third sunset final results are applicable October 5, 2026 (91 FR 63264; FR Doc. 2026-20379; C-570-963).
Third sunset, no GOC or respondent substantive response: expedited 120-day review. Likelihood finding keeps the China phosphate salts CVD order on track for continuation at 109.11% ad valorem for named companies and All Others.
Order history and why this review was expedited
The Order originally published July 22, 2010 (75 FR 42682). This third sunset initiated June 1, 2026 (91 FR 32376). ICL Specialty Products Inc. filed a notice of intent June 16, 2026; the notice was amended June 24, 2026 to include Prayon, Inc. Both claimed domestic producer status under section 771(9)(C) of the Act. They filed an adequate substantive response July 1, 2026.
Commerce received no substantive response from the Government of China or any respondent interested party. It notified the ITC of that gap (Commerce letter dated July 27, 2026). Under section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B)(2) and (C)(2), Commerce therefore ran an expedited (120-day) sunset review.
Lianyungang Mupro Import Export Co Ltd: 109.11% ad valorem
Mianyang Aostar Phosphate Chemical Industry Co. Ltd: 109.11%
Shifang Anda Chemicals Co. Ltd: 109.11%
All Others: 109.11%
Contact: Sarah Keith, Trade Agreements Policy and Negotiations
A likelihood-of-continuation finding at 109.11% is not itself a new cash-deposit instruction, but it keeps the CVD order in place for the ITC sunset track. Subject China phosphate salts remain CVD-exposed at the rates that would prevail if the Order continues. AD/CVD assessments and cash deposits are generally outside drawback (AD/CVD drawback exclusion). Treat this as deposit and liquidation risk, not a refund path.
What happens next
Full discussion of likelihood, rates likely to prevail, and the nature of the subsidies sits in the Issues and Decision Memorandum on ACCESS (access.trade.gov). The ITC still decides whether revocation would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. Until revocation actually happens, subject China potassium phosphate salts remain CVD merchandise.
- Expedited third sunset final results for China potassium phosphate salts CVD: revocation would likely lead to continuation or recurrence of countervailable subsidies (91 FR 63264; FR Doc. 2026-20379; applicable Oct 5, 2026).
- Order history: Jul 22, 2010 (75 FR 42682); third sunset initiated Jun 1, 2026 (91 FR 32376).
- ICL Specialty Products and Prayon filed intent (Jun 16 / amended Jun 24) and substantive response Jul 1. No GOC or respondent substantive response → expedited 120-day review.
- Net CVD rate: 109.11% ad valorem for Lianyungang Mupro, Mianyang Aostar, Shifang Anda, and All Others.
- AD/CVD generally outside drawback. Contact: Sarah Keith, Trade Agreements Policy and Negotiations.
- Certain Potassium Phosphate Salts From the People's Republic of China: Final Results of the Expedited Third Sunset Review of the Countervailing Duty Order (91 FR 63264; FR Doc. 2026-20379) · International Trade Administration, Department of Commerce
This article is for general information and is not legal or tax advice. Drawback eligibility depends on your specific facts, and final refunds are determined by CBP at liquidation. Consult a licensed customs broker or attorney for your situation.