[Federal Register Volume 84, Number 112 (Tuesday, June 11, 2019)]
[Notices]
[Pages 27086-27087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12281]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-841, A-570-925]


Sodium Nitrite From Germany and the People's Republic of China: 
Final Results of the Expedited Second Sunset Reviews of the Antidumping 
Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of these expedited sunset reviews, Commerce finds 
that revocation of the antidumping duty orders would be likely to lead 
to the continuation or recurrence of dumping at the levels indicated in 
the ``Final Results of Review'' section of this notice.

DATES: Applicable June 11, 2019.

FOR FURTHER INFORMATION CONTACT: Ian Hamilton AD/CVD Operations, Office 
II, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-4798.

SUPPLEMENTARY INFORMATION: 

Background

    On February 5, 2019, Commerce published the notice of initiation of 
the second sunset review of the antidumping duty orders on sodium 
nitrite from Germany and the People's Republic of China (China) \1\ 
pursuant to section 751(c) of the Act.\2\ On February 21, 2019, 
Commerce received notices of intent to participate from Chemtrade 
Chemicals US LLC (Chemtrade), a domestic interested party, within the 
15-day deadline specified in 19 CFR 351.218(d)(1)(i).\3\ Chemtrade 
claimed interested party status under section 771(9)(C) of the Act as a 
producer of sodium nitrite in the United States.
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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) Reviews, 84 FR 1705 
(February 5, 2019). The initiation of these reviews was originally 
scheduled for January 2019 (see Antidumping or Countervailing Duty 
Order, Finding, or Suspended Investigation; Advance Notification of 
Sunset Review, 83 FR 62292 (December 3, 2018)), however, the 
initiation was affected by the partial federal government closure 
from December 22, 2018, through the resumption of operations on 
January 28, 2019. Due to the partial federal government closure, 
Commerce initiated these reviews in February 2019.
    \3\ See Chemtrade's Letter, ``Sodium Nitrite from Germany: 
Notice of Intent to Participate,'' dated February 21, 2019; see also 
Chemtrade's Letter, ``Sodium Nitrite from China: Notice of Intent to 
Participate,'' dated February 21, 2019. Chemtrade originally filed 
these notices of intent to participate on January 15, 2018, but 
resubmitted them due to the partial federal government closure.
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    On March 7, 2019, Commerce received adequate substantive responses 
to the notice of initiation from

[[Page 27087]]

Chemtrade within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i).\4\ We received no substantive responses from 
respondent interested parties with respect to either of the order 
covered by these sunset reviews.
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    \4\ See Chemtrade's Letter, ``Sodium Nitrite from Germany and 
China: Substantive Response to Notice of Initiation of Five-Year 
(Sunset) Review of the Antidumping Duty Orders and Countervailing 
Duty Order,'' dated March 7, 2019.
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    On March 20, 2019, Commerce notified the U.S. International Trade 
Commission that it did not receive an adequate substantive response 
from respondent interested parties.\5\ As a result, pursuant to 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce 
conducted expedited (120-day) sunset reviews of the antidumping duty 
orders on sodium nitrite from Germany and China.
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    \5\ See Letter re: ``Sunset Reviews Initiated on February 5, 
2019 Applicable to January 2019,'' dated March 20, 2019.
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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

    All issues raised in these sunset reviews are addressed in the 
Issues and Decision Memorandum,\6\ which is hereby adopted by this 
notice. The issues discussed in the Issues and Decision Memorandum are 
the likelihood of continuation or recurrence of dumping and the 
magnitude of the dumping margin likely to prevail if the orders were 
revoked. The Issues and Decision Memorandum is a public document and is 
on file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://acess.trade.gov, and 
to all in the Central Records Unit, Room B8024 of the main Department 
of Commerce building. A list of topics discussed in the Issues and 
Decision Memorandum is included as an Appendix to this notice. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly on the internet at http://enforcement.trade.gov/frn. The signed Issues and Decision Memorandum and the electronic 
version of the Issues and Decision Memorandum are identical in content.
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    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Expedited Second Sunset Reviews of the Antidumping Duty Orders on 
Sodium Nitrite from Germany and the People's Republic of China,'' 
dated concurrently with this notice (Issues and Decision 
Memorandum).
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Final Results of Reviews

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the antidumping duty orders on 
sodium nitrite from Germany and China would be likely to lead to the 
continuation or recurrence of dumping at weighted-average dumping 
margins up to 237.00 percent for Germany and 190.74 percent for China.

Notification to Interested Parties

    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 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 final results and this notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 
19 CFR 351.218.

    Dated: June 5, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
    A. Likelihood of Continuation or Recurrence of Dumping
    B. Magnitude of the Dumping Margins Likely to Prevail
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2019-12281 Filed 6-10-19; 8:45 am]
 BILLING CODE 3510-DS-P