[Federal Register Volume 84, Number 155 (Monday, August 12, 2019)]
[Notices]
[Pages 39804-39805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17099]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-841, A-570-925, C-570-926]
Sodium Nitrite From Germany and the People's Republic of China:
Continuation of Antidumping and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC) that
revocation of the antidumping duty (AD) orders on sodium nitrite from
Germany and the People's Republic of China (China), and revocation of
the countervailing duty (CVD) order on sodium nitrite from China would
likely lead to continuation or recurrence of dumping, countervailable
subsidies, and material injury to an industry in the United States,
Commerce is publishing a notice of continuation of these AD orders and
CVD order.
DATES: Applicable August 12, 2019.
FOR FURTHER INFORMATION CONTACT: Ian Hamilton (Germany and China AD) or
Leo Ayala (China CVD), AD/CVD Operations, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4798
or (202) 482-3945, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 27, 2008, Commerce published the AD orders on sodium
nitrite from Germany and China and the CVD order on sodium nitrite from
China.\1\ On January 2, 2019, the ITC instituted,\2\ and on February 5,
2019 Commerce initiated,\3\ the five-year (sunset) reviews of the AD
and CVD orders on sodium nitrite from Germany and China, pursuant to
section 751(c) of the Tariff Act of 1930, as amended (the Act). As a
result of its reviews, Commerce determined that revocation of the CVD
Order on sodium nitrite from China would be likely to lead to
continuation or recurrence of countervailable subsidies and notified
the ITC of the magnitude of the subsidy rates likely to prevail were
the order revoked.\4\ Commerce also determined, as a result of its
reviews, that revocation of the AD Orders on sodium nitrite from
Germany and China would likely lead to continuation or recurrence of
dumping and notified the ITC of the magnitude of the margins of dumping
likely to prevail were the orders revoked.\5\
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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) (AD Orders); see also Sodium Nitrite from the
People's Republic of China: Countervailing Duty Order, 73 FR 50595
(August 27, 2008) (CVD Order) (collectively, Orders).
\2\ See Sodium Nitrite from China and Germany; Institution of
Five-Year Reviews, 84 FR 6 (January 2, 2019).
\3\ 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), as corrected, Advance
Notification of Sunset Review; Correction, 83 FR 66244 (December 26,
2018)). However, Commerce's initiation was affected by the partial
federal government closure from December 22, 2018, through the
resumption of operations on January 29, 2019. Due to the partial
federal government closure, Commerce initiated these reviews in
February 2019.
\4\ See Sodium Nitrite from the People's Republic of China:
Final Results of the Expedited Second Five Year (Sunset) Review of
the Countervailing Duty Order, 84 FR 27084 (June 11, 2019), and
accompanying Issues and Decision Memorandum (IDM).
\5\ See Sodium Nitrite from Germany and the People's Republic of
China: Final Results of the Expedited Second Sunset Reviews of the
Antidumping Duty Orders, 84 FR 27086 (June 11, 2019), and
accompanying IDM.
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[[Page 39805]]
On August 5, 2019, the ITC published its determinations, pursuant
to sections 751(c) and 752(a) of the Act, that revocation of the Orders
would likely lead to continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable
time.\6\
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\6\ See Sodium Nitrite from China and Germany (Inv. Nos. 701-TA-
453 and 731-TA-1136-1137 (Second Review)), 84 FR 38058 (August 5,
2019); see also Sodium Nitrite from China and Germany (Inv. Nos.
701-TA-453 and 731-TA-1136-1137 (Second Review)), USITC Pub. 4936
(July 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.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to a continuation or a
recurrence of dumping and countervailable subsidies and of material
injury to an industry in the United States, pursuant to section
751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the
continuation of the Orders. U.S. Customs and Border Protection (CBP)
will continue to collect AD and CVD cash deposits at the rates in
effect at the time of entry for all imports of subject merchandise. The
effective date of the continuation of the Orders will be the date of
publication in the Federal Register of this notice of continuation.
Pursuant to section 751(c)(2) of the Act and 19 CFR 351.218(c)(2),
Commerce intends to initiate the next five-year review of the Orders
not later than 30 days prior to the fifth anniversary of the effective
date of continuation.
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/destruction or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which
may be subject to sanctions.
Notification to Interested Parties
These five-year (sunset) reviews and this notice are in accordance
with sections 751(c) and (d)(2) of the Act and published in accordance
with section 777(i) of the Act, and 19 CFR 351.218(f)(4).
Dated: August 5, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-17099 Filed 8-9-19; 8:45 am]
BILLING CODE 3510-DS-P