[Federal Register Volume 78, Number 223 (Tuesday, November 19, 2013)]
[Notices]
[Pages 69368-69369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27719]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-925; A-428-841]
Sodium Nitrite From Germany and the People's Republic of China:
Final Results of the Expedited First Sunset Reviews of the Antidumping
Duty Orders
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: On July 1, 2013, the Department of Commerce (``the
Department'') initiated the first sunset reviews of the antidumping
duty (``AD'') orders on sodium nitrite from Germany and the People's
Republic of China (``PRC'') pursuant to section 751(c) of the Tariff
Act of 1930, as amended (``the Act''). Based on the notice of intent to
participate and adequate substantive response filed by the domestic
interested party, and the lack of response from any respondent
interested party, the Department conducted expedited (120-day) sunset
reviews of these AD orders, pursuant to section 751(c)(3)(B) of the Act
and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of these sunset
reviews, the Department finds that revocation of the AD orders would
likely lead to continuation or recurrence of dumping, at the levels
indicated in the ``Final Results of Sunset Reviews'' section of this
notice.
DATES: Effective: November 19, 2013.
FOR FURTHER INFORMATION CONTACT: Lori Apodaca or Howard Smith, AD/CVD
Operations, Office 4, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4551 or (202) 482-5193, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 27, 2008, the Department published the AD orders on
sodium nitrite from Germany and the PRC.\1\ On July 1, 2013, the
Department published the notice of initiation of the first sunset
reviews of the AD orders on sodium nitrite from Germany and the PRC,
pursuant to section 751(c) of the Act.\2\ On July 11, 2013 and July 12,
2013, pursuant to 19 CFR 351.218(d)(1), the Department received timely
and complete notices of intent to participate in the sunset reviews for
both orders from General Chemical LLC, a domestic producer of sodium
nitrite. On July 30, 2013, pursuant to 19 CFR 351.218(d)(3), General
Chemical LLC filed a timely and adequate substantive response for both
orders. The Department did not receive substantive responses from any
respondent interested party. As a result, pursuant to section
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the
Department conducted expedited (120-day) sunset reviews of the AD
orders on sodium nitrite from Germany and the PRC.
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\1\ See Sodium Nitrite from the Federal Republic of Germany and
the People's Republic of China: Antidumping Duty Orders, 73 FR 50593
(August 27, 2008).
\2\ See Initiation of Five-Year (``Sunset'') Review, 78 FR 39256
(July 1, 2013).
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As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department has exercised its discretion
to toll deadlines for the duration of the closure of the Federal
Government from October 1, through October 16, 2013.\3\ Therefore, all
deadlines in this segment of the proceeding have been extended
[[Page 69369]]
by 16 days. The revised deadline for the final results of this sunset
review is now November 14, 2013.
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\3\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ``Deadlines Affected by
the Shutdown of the Federal Government'' (October 18, 2013).
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Scope of the Orders
The merchandise subject to these orders is sodium nitrite in any
form, at any purity level. In addition, the sodium nitrite covered by
these orders may or may not contain an anti-caking agent. Examples of
names commonly used to reference sodium nitrite are nitrous acid,
sodium salt, anti-rust, diazotizing salts, erinitrit, and filmerine.
The chemical composition of sodium nitrite is NaNO2 and it is generally
classified under subheading 2834.10.1000 of the Harmonized Tariff
Schedule of the United States (HTSUS). The American Chemical Society
Chemical Abstract Service (CAS) has assigned the name ``sodium
nitrite'' to sodium nitrite. The CAS registry number is 7632-00-0.
While the HTSUS subheading, CAS registry number, and CAS name are
provided for convenience and customs purposes, the written description
of the scope of these orders is dispositive.
Analysis of Comments Received
A complete discussion of all issues raised in these sunset reviews
is provided in the accompanying Issues and Decision Memorandum, which
is hereby adopted by this notice. See ``Issues and Decision Memorandum
for the Expedited First Sunset Reviews of the Antidumping Duty Orders
on Sodium Nitrite from the Germany and the People's Republic of
China,'' from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, dated concurrently
with this notice (``I&D Memorandum''). The issues discussed in the I&D
Memorandum include the likelihood of continuation or recurrence of
dumping and the magnitude of the dumping margins likely to prevail if
the orders are revoked. The I&D Memorandum is a public document and is
on file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (``IA
ACCESS''). Access to IA ACCESS is available in the Central Records
Unit, room 7046 of the main Department of Commerce building. In
addition, a complete version of the I&D Memorandum can be accessed at
http://www.trade.gov/ia/. The signed I&D Memorandum and the electronic
versions of the I&D Memorandum are identical in content.
Final Results of Sunset Reviews
The Department determines that revocation of the AD orders on
sodium nitrite from Germany and the PRC would be likely to lead to
continuation or recurrence of dumping, with the following dumping
margin magnitudes likely to prevail:
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Weighted-average
Exporter/producer percentage margin
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PRC:
PRC-Wide Entity.................................... 190.74
Germany:
BASF AG............................................ 237.00
All Others......................................... 150.82
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Notification Regarding Administrative Protective Orders
This notice also serves as the only reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely
notification of the return or destruction of APO materials or
conversion to judicial protective orders is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
We are issuing and publishing the results and notice in accordance
with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR
351.218.
Dated: November 12, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2013-27719 Filed 11-18-13; 8:45 am]
BILLING CODE 3510-DS-P