[Federal Register Volume 61, Number 28 (Friday, February 9, 1996)]
[Notices]
[Page 4959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2911]



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DEPARTMENT OF COMMERCE
[A-588-839]


Initiation of Antidumping Duty Investigation: Sodium Azide From 
Japan

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: February 9, 1996.

FOR FURTHER INFORMATION CONTACT: John Beck at (202) 482-3464 or 
Jennifer Stagner at (202) 482-1673, Office of Antidumping 
Investigations, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Washington, DC 20230.

INITIATION OF INVESTIGATION:

The Applicable Statute

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (the Act) by the 
Uruguay Round Agreements Act (URAA).

The Petition

    On January 16, 1996, the Department of Commerce (the Department) 
received a petition filed in proper form by the American Azide 
Corporation (the petitioner), the sole U.S. producer of sodium azide. A 
supplement to the petition was filed on January 29, 1996.
    In accordance with section 732(b) of the Act, the petitioner 
alleges that imports of sodium azide from Japan are being, or are 
likely to be, sold in the United States at less than fair value within 
the meaning of section 731 of the Act, and that such imports are 
materially injuring, or threatening material injury to, a U.S. 
industry.
    The petitioner states that it has standing to file the petition 
because it is an interested party, as defined under section 771(9)(C) 
of the Act.

Determination of Industry Support for the Petition

    Section 732(c)(4)(A) of the Act requires the Department to 
determine, prior to the initiation of an investigation, that a minimum 
percentage of the domestic industry supports an antidumping petition. A 
petition meets these minimum requirements if (1) the domestic producers 
or workers who support the petition account for at least 25 percent of 
the total production of the domestic like product; and (2) the domestic 
producers or workers who support the petition account for more than 50 
percent of the production of the domestic like product produced by that 
portion of the industry expressing support for, or opposition to, the 
petition.
    A review of the data provided in the petition and other information 
readily available to the Department indicates that the petitioner is 
the sole producer of sodium azide in the United States. The Department 
received no expressions of opposition to the petition from any 
interested party. Accordingly, the Department determines that this 
petition is supported by the domestic industry.

Scope of the Investigation

    The product covered by this investigation is sodium azide 
(NaN3) regardless of use, and whether or not combined with silicon 
oxide (SiO2) or any other inert flow assisting agent. The 
merchandise under investigation is currently classifiable under item 
2850.00.50.00 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Although the HTSUS subheading is provided for convenience and 
customs purposes, our written description of the scope of this 
investigation is dispositive.

Export Price and Normal Value

    The petitioner based export price on delivered prices in the United 
States quoted by a Japanese producer. These prices were adjusted by the 
petitioner for U.S. and foreign inland freight, ocean freight, U.S. 
duties, and the U.S. trading company mark-up.
    The petitioner based normal value on delivered prices in Japan 
quoted by a Japanese producer. The unit price quotes denominated in 
Japanese yen were converted by the petitioner to U.S. dollars using the 
exchange rate in effect at the beginning of the third quarter of 1995. 
An adjustment was made for foreign inland freight.
    Based on comparisons of export price to normal value, the estimated 
dumping margins for sodium azide from Japan range from 58.50 to 65.80 
percent.

Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to 
believe that imports of sodium azide from Japan are being, or likely to 
be, sold at less than fair value. If it becomes necessary at a later 
date to consider this petition as a source of facts available under 
section 776 of the Act, we may review further the calculations.

Initiation of Investigation

    We have examined the petition on sodium azide and have found that 
it meets the requirements of section 732 of the Act, including the 
requirements concerning allegations of the material injury or threat of 
material injury to the domestic producers of a domestic like product by 
reason of the complained-of imports, allegedly sold at less than fair 
value. Therefore, we are initiating an antidumping duty investigation 
to determine whether imports of sodium azide from Japan are being, or 
are likely to be, sold in the United States at less than fair value. 
Unless extended, we will make our preliminary determination by June 24, 
1996.

Distribution of Copies of the Petition

    In accordance with section 732(b)(3)(A) of the Act, a copy of the 
public version of the petition has been provided to the representatives 
of the government of Japan. We will attempt to provide copies of the 
public versions of the petition to all the exporters named in the 
petition.

International Trade Commission (ITC) Notification

    We have notified the ITC of our initiation, as required by section 
732(d) of the Act.

Preliminary Determination by the ITC

    The ITC will determine by March 1, 1996, whether there is a 
reasonable indication that imports of sodium azide from Japan are 
causing material injury, or threatening to cause material injury, to a 
U.S. industry. A negative ITC determination will result in the 
investigation being terminated; otherwise, this investigation will 
proceed according to statutory and regulatory time limits.

    Dated: February 5, 1996.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 96-2911 Filed 2-8-96; 8:45 am]
BILLING CODE 3510-DS-P