[Federal Register Volume 84, Number 112 (Tuesday, June 11, 2019)]
[Notices]
[Pages 27084-27085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12282]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-926]
Sodium Nitrite From the People's Republic of China: Final Results
of the Expedited Second Five Year (Sunset) Review of the Countervailing
Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that revocation of
the countervailing duty (CVD) order on sodium nitrite from the People's
Republic of China (China) would be likely to lead to the continuation
or recurrence of a countervailable subsidy at the levels indicated in
the ``Final Results of Sunset Review'' section of this notice.
DATES: Applicable June 11, 2019.
FOR FURTHER INFORMATION CONTACT: Leo Ayala or Jacqueline Arrowsmith,
Office VII, AD/CVD Operations, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3945
or (202) 482-5255, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 27, 2008, Commerce published the CVD order on sodium
nitrite from China.\1\ On February 5, 2019, Commerce published the
notice of initiation for the second sunset review of the CVD Order,
pursuant to section 751(c)(2) of the Tariff Act of 1930, as amended
(the Act).\2\ Subsequently, Commerce received a notice of intent to
participate from Chemtrade Chemicals US LLC (Chemtrade), a domestic
interested party, within the 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 a domestic like product
in the United States. In addition, Commerce received a complete
substantive response to the notice of initiation from the petitioner
within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).\4\
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\1\ See Sodium Nitrite from the People's Republic of China:
Countervailing Duty Order, 73 FR 50595 (August 27, 2008) (CVD
Order).
\2\ See Initiation of Five-Year (Sunset) Reviews, 84 FR 1705
(February 5, 2019).
\3\ See Chemtrade's Letter, ``Sodium Nitrite from China: Notice
of Intent to Participate,'' dated February 21, 2019.
\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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Commerce did not receive a response from the Government of the
People's Republic of China or any respondent interested parties. 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 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce is conducting an expedited (120-day)
sunset review of the CVD Order.
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\5\ See Letter from Commerce to the ITC, ``Sunset Review
Initiated on February 5, 2019 Applicable to January 2019,'' dated
March 20, 2019.
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Scope of the Order
The merchandise covered by this order is sodium nitrite in any
form, at any purity level. A full description of the scope of the CVD
Order is contained in the Issues and Decision Memorandum, which is
hereby adopted by this notice.\6\
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\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Expedited Second Sunset Review of the
Countervailing Duty Order on Sodium Nitrite from the People's
Republic of China,'' dated concurrently with and adopted by this
notice (Issues and Decision Memorandum).
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Analysis of Comments Received
All issues raised in this sunset review are addressed in the Issues
and Decision Memorandum. The issues discussed include the likelihood of
continuation or recurrence of a countervailable subsidy and the net
countervailable subsidy rate likely to prevail if the CVD Order were
revoked. A list of the topics discussed in the Issues and Decision
Memorandum is attached to this notice as an Appendix. 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://access.trade.gov and in the Central Records
Unit, Room B-8024 of the main Commerce building. In addition, a
complete version of the Issues and Decision Memorandum can be accessed
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.
[[Page 27085]]
Final Results of Sunset Review
Pursuant to sections 752(b)(1) and (3) of the Act, Commerce
determines that revocation of the CVD Order would be likely to lead to
continuation or recurrence of countervailable subsidies at the rates
listed below:
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Net
countervailable
Manufacturer/exporter subsidy rate
(percent)
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Shanxi Jiaocheng Hongxing Chemical Co., Ltd. (Shanxi 169.01
Jiaocheng)...........................................
Tianjin Soda Plant Tianjin Port Free Trade Zone Pan 169.01
Bohai International Trading Co., Ltd. (Tianjin Soda
Plant)...............................................
All Others............................................ 169.01
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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 orders is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
Commerce is issuing and publishing these final results and this
notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the
Act and 19 CFR 351.218(e)(1)(ii)(C)(2).
Dated: June 5, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
V. Discussion of the Issues
(1) Likelihood of Continuation of a Countervailable Subsidy
(2) Net Countervailable Subsidy Likely to Prevail
(3) Nature of the Subsidy
[FR Doc. 2019-12282 Filed 6-10-19; 8:45 am]
BILLING CODE 3510-DS-P