[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