[Federal Register Volume 73, Number 131 (Tuesday, July 8, 2008)]
[Notices]
[Pages 38986-38987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15458]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-428-841


Notice of Final Determination of Sales at Less Than Fair Value: 
Sodium Nitrite from the Federal Republic of Germany

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (the Department) determines 
that imports of sodium nitrite from the Federal Republic of Germany 
(Germany) are being, or are likely to be, sold in the United States at 
less than fair value (LTFV), as provided in section 735 of the Tariff 
Act of 1930, as amended (the Act). The final weighted-average dumping 
margins are listed below in the section entitled ``Final Determination 
of Investigation.''

EFFECTIVE DATE: July 8, 2008.

FOR FURTHER INFORMATION CONTACT: Brian C. Smith or Gemal Brangman, AD/
CVD Operations, Office 2, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482 
1766 or (202) 482 3773, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 23, 2008, the Department published the preliminary 
determination of sales at LTFV in the antidumping investigation of 
sodium nitrite from Germany. See Notice of Preliminary Determination of 
Sales at Less Than Fair Value: Sodium Nitrite from the Federal Republic 
of Germany, 73 FR 21909 (April 23, 2008) (Preliminary Determination). 
We invited parties to comment on the Preliminary Determination. We 
received case briefs from the petitioner, General Chemical LLC, and the 
respondent, BASF AG (BASF), on May 23, 2008. The petitioner submitted a 
rebuttal brief on May 28, 2008. No party requested a hearing.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this antidumping investigation are addressed in the ``Issues and 
Decision Memorandum for the Final Determination in the Less-Than-Fair-
Value Investigation of Sodium Nitrite from the Federal Republic of 
Germany'' (Decision Memorandum) from Stephen J. Claeys, Deputy 
Assistant Secretary for Import Administration, dated June 30, 2008, 
which is hereby adopted by this notice. A list of the issues which 
parties have raised and to which we have responded is attached to this 
notice as an appendix. Parties can find a complete discussion of all 
issues raised in this investigation and the corresponding 
recommendations in the Decision Memorandum, which is on file in the 
Central Records Unit, room 1117, of the main Department Building. In 
addition, a complete version of the Decision Memorandum can be accessed 
directly on the Web at http://ia.ita.doc.gov/frn. The paper copy and 
electronic version of the Decision Memorandum are identical in content.

Period of Investigation

    The period of investigation is October 1, 2006, through September 
30, 2007.

Scope of the Investigation

    The merchandise covered by this investigation is sodium nitrite in 
any form, at any purity level. In addition, the sodium nitrite covered 
by this investigation 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 this investigation is dispositive.

Adverse Facts Available

    For the final determination, we continue to find that, by failing 
to respond to the antidumping duty questionnaire, BASF, the sole 
mandatory respondent in this investigation, did not act to the best of 
its ability in this investigation. Therefore, the use of adverse facts 
available (AFA) is warranted for this company under sections 776(a)(2) 
and (b) of the Act. See Preliminary Determination, 73 FR at 21909-
21910. As we explained in the Preliminary Determination, we selected as 
the AFA rate the highest margin alleged in the petition, 237.00 
percent, as referenced in the notice of initiation. See Sodium Nitrite 
from the Federal Republic of Germany and the People's Republic of 
China: Initiation of Antidumping Duty Investigations, 73 FR 68563, 
68567 (December 5, 2007). Further, as discussed in the Preliminary 
Determination, we corroborated the AFA rate pursuant to section 776(c) 
of the Act. See Preliminary Determination, 73 FR at 21910-21912, and 
Comment 1 of the Decision Memorandum accompanying this notice for 
further discussion.

[[Page 38987]]

All-Others Rate

    For the final determination, we have continued to assign as the 
all-others rate the simple average of the margins in the petition in 
accordance with the Department's current practice. See Preliminary 
Determination, 73 FR at 21912, and Comment 2 of the Decision Memorandum 
accompanying this notice for further discussion.

Final Determination of Investigation

    We determine that the following weighted-average dumping margins 
exist for the period October 1, 2006, through September 30, 2007:

------------------------------------------------------------------------
                Manufacturer/exporter                  Margin (percent)
------------------------------------------------------------------------
BASF AG.............................................              237.00
All Others..........................................              150.82
------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    Pursuant to section 735(c)(1)(B) of the Act, we will instruct U.S. 
Customs and Border Protection (CBP) to continue to suspend liquidation 
of all entries of subject merchandise from Germany, entered, or 
withdrawn from warehouse, for consumption on or after April 23, 2008, 
the date of publication of the Preliminary Determination. We will 
instruct CBP to require a cash deposit or the posting of a bond equal 
to the weighted-average dumping margins, as indicated in the chart 
above, as follows: (1) the rate for the firm listed above will be the 
rate we have determined in this final determination; (2) if the 
exporter is not a firm identified in this investigation, but the 
producer is, the rate will be the rate established for the producer of 
the subject merchandise; (3) the rate for all other producers or 
exporters will be 150.82 percent.\1\ These suspension-of-liquidation 
instructions will remain in effect until further notice.
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    \1\ This rate was incorrectly stated as 237.00 percent in the 
``Suspension of Liquidation'' section of the Preliminary 
Determination. See Preliminary Determination, 73 FR at 21912.
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International Trade Commission Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (ITC) of our final determination. As our 
final determination is affirmative and in accordance with section 
735(b)(2) of the Act, the ITC will determine, within 45 days, whether 
the domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports or sales (or the 
likelihood of sales) for importation of the subject merchandise. If the 
ITC determines that such injury does exist, the Department will issue 
an antidumping duty order directing CBP to assess antidumping duties on 
all imports of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the effective date of the 
suspension of liquidation.

Notification Regarding APO

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305. Timely notification of return/
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and the 
terms of an APO is a sanctionable violation.
    This determination is issued and published pursuant to sections 
735(d) and 777(i)(1) of the Act.

    Dated: June 30, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix--Issues in Decision Memorandum

Comments

Issue 1: Selection of the Adverse Facts Available Rate for BASF
Issue 2: Selection of the All-Others Rate
[FR Doc. E8-15458 Filed 7-7-08; 8:45 am]
BILLING CODE 3510-DS-S