[Federal Register Volume 74, Number 214 (Friday, November 6, 2009)]
[Notices]
[Page 57450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26859]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-002]


Chloropicrin From the People's Republic of China: Final Results 
of the Expedited Sunset Review of the Antidumping Duty Order

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

SUMMARY: On July 1, 2009, the Department of Commerce (``the 
Department'') initiated a sunset review of the antidumping duty order 
on chloropicrin from the People's Republic of China (``PRC'') pursuant 
to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). 
See Initiation of Five-year (``Sunset'') Review, 74 FR 31412 (July 1, 
2009); see also Antidumping Duty Order; Chloropicrin from the People's 
Republic of China, 49 FR 10691 (March 22, 1984) (``Order''). Based on 
the notice of intent to participate and adequate response filed by the 
domestic interested parties, and the lack of response from any 
respondent interested party, the Department conducted an expedited 
sunset review of the Order pursuant to section 751(c)(3)(B) of the Act 
and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of this sunset review, 
the Department finds that revocation of the Order would likely lead to 
continuation or recurrence of dumping, at the levels indicated in the 
``Final Results of Sunset Review'' section of this notice, infra.

DATES: Effective Date: November 6, 2009.

FOR FURTHER INFORMATION CONTACT: Jennifer Moats, AD/CVD Operations, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-5047.

SUPPLEMENTARY INFORMATION: On July 1, 2009, the Department initiated a 
sunset review of the order on chloropicrin pursuant to section 751(c) 
of the Act. See Sunset Initiation, 74 FR 31412. On July 13, 2009, the 
Department received a timely notice of intent to participate in the 
sunset review from Ashta Chemicals, Inc. (``Ashta''), Niklor Chemical 
Company, Inc. (``Niklor''), and Trinity Manufacturing, Inc. 
(``Trinity''), domestic interested parties, pursuant to 19 CFR 
351.218(d)(1)(i). On July 31, 2009, Ashta, Niklor, and Trinity filed a 
timely substantive response within 30 days after the date of 
publication of the Sunset Initiation. The Department did not receive a 
substantive response from any respondent interested party in the sunset 
review. 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 an expedited 
sunset review of the Order.

Scope of the Order

    The merchandise subject to this antidumping duty order is 
chloropicrin, also known as trichloronitromethane. A major use of the 
product is as a pre-plant soil fumigant (pesticide). Such merchandise 
is currently classifiable under Harmonized Tariff Schedule (``HTS'') 
item number 2904.90.50.05.\1\ The HTS item number is provided for 
convenience and customs purposes. The written description remains 
dispositive.
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    \1\ In 2004, a new HTS category was developed and identified 
specifically for imports of chloropicrin i.e., 2904.90.50.05. 
Previously, the HTS category that included chloropicrin was 
2904.90.50.
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Analysis of Comments Received

    A complete discussion of all issues raised in this sunset review is 
addressed in the accompanying Issues and Decision Memorandum, which is 
hereby adopted by this notice. See ``Issues and Decision Memorandum for 
the Final Results in the Expedited Sunset Review of the Antidumping 
Duty Order on Chloropicrin from the People's Republic of China,'' from 
John M. Andersen, Acting Deputy Assistant Secretary, to Ronald 
Lorentzen, Assistant Secretary for Import Administration, dated 
concurrent with this notice (``I&D Memo''). The issues discussed in the 
accompanying I&D Memo include the likelihood of continuation or 
recurrence of dumping and the magnitude of the dumping margin likely to 
prevail if the Order was revoked. Parties can obtain a public copy of 
the I&D Memo on file in the Central Records Unit, room 1117, of the 
main Commerce building. In addition, a complete public version of the 
I&D Memo can be accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the I&D Memo are 
identical in content.

Final Results of Review

    The Department determines that revocation of the Order on 
chloropicrin would likely lead to continuation or recurrence of dumping 
at the rates listed below:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
             Manufacturers/exporters/ producers                 margin
                                                               (percent)
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China National Chemicals Import and Export Corp. (SINOCHEM).        58.0
PRC-Wide Entity.............................................        58.0
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Notification Regarding Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (``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 order 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 these results and notice in 
accordance with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: October 29, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-26859 Filed 11-5-09; 8:45 am]
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