[Federal Register: July 8, 2008 (Volume 73, Number 131)]
[Notices]
[Page 38986-38987]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jy08-44]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-428-841
Notice of Final Determination of Sales at Less Than Fair Value:
Sodium Nitrite from the Federal Republic of Germany
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (the Department) determines
that imports of sodium nitrite from the Federal Republic of Germany
(Germany) are being, or are likely to be, sold in the United States at
less than fair value (LTFV), as provided in section 735 of the Tariff
Act of 1930, as amended (the Act). The final weighted-average dumping
margins are listed below in the section entitled ``Final Determination
of Investigation.''
EFFECTIVE DATE: July 8, 2008.
FOR FURTHER INFORMATION CONTACT: Brian C. Smith or Gemal Brangman, AD/
CVD Operations, Office 2, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482
1766 or (202) 482 3773, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 23, 2008, the Department published the preliminary
determination of sales at LTFV in the antidumping investigation of
sodium nitrite from Germany. See Notice of Preliminary Determination of
Sales at Less Than Fair Value: Sodium Nitrite from the Federal Republic
of Germany, 73 FR 21909 (April 23, 2008) (Preliminary Determination).
We invited parties to comment on the Preliminary Determination. We
received case briefs from the petitioner, General Chemical LLC, and the
respondent, BASF AG (BASF), on May 23, 2008. The petitioner submitted a
rebuttal brief on May 28, 2008. No party requested a hearing.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this antidumping investigation are addressed in the ``Issues and
Decision Memorandum for the Final Determination in the Less-Than-Fair-
Value Investigation of Sodium Nitrite from the Federal Republic of
Germany'' (Decision Memorandum) from Stephen J. Claeys, Deputy
Assistant Secretary for Import Administration, dated June 30, 2008,
which is hereby adopted by this notice. A list of the issues which
parties have raised and to which we have responded is attached to this
notice as an appendix. Parties can find a complete discussion of all
issues raised in this investigation and the corresponding
recommendations in the Decision Memorandum, which is on file in the
Central Records Unit, room 1117, of the main Department Building. In
addition, a complete version of the Decision Memorandum can be accessed
directly on the Web at http://ia.ita.doc.gov/frn. The paper copy and
electronic version of the Decision Memorandum are identical in content.
Period of Investigation
The period of investigation is October 1, 2006, through September
30, 2007.
Scope of the Investigation
The merchandise covered by this investigation is sodium nitrite in
any form, at any purity level. In addition, the sodium nitrite covered
by this investigation 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 this investigation is dispositive.
Adverse Facts Available
For the final determination, we continue to find that, by failing
to respond to the antidumping duty questionnaire, BASF, the sole
mandatory respondent in this investigation, did not act to the best of
its ability in this investigation. Therefore, the use of adverse facts
available (AFA) is warranted for this company under sections 776(a)(2)
and (b) of the Act. See Preliminary Determination, 73 FR at 21909-
21910. As we explained in the Preliminary Determination, we selected as
the AFA rate the highest margin alleged in the petition, 237.00
percent, as referenced in the notice of initiation. See Sodium Nitrite
from the Federal Republic of Germany and the People's Republic of
China: Initiation of Antidumping Duty Investigations, 73 FR 68563,
68567 (December 5, 2007). Further, as discussed in the Preliminary
Determination, we corroborated the AFA rate pursuant to section 776(c)
of the Act. See Preliminary Determination, 73 FR at 21910-21912, and
Comment 1 of the Decision Memorandum accompanying this notice for
further discussion.
[[Page 38987]]
All-Others Rate
For the final determination, we have continued to assign as the
all-others rate the simple average of the margins in the petition in
accordance with the Department's current practice. See Preliminary
Determination, 73 FR at 21912, and Comment 2 of the Decision Memorandum
accompanying this notice for further discussion.
Final Determination of Investigation
We determine that the following weighted-average dumping margins
exist for the period October 1, 2006, through September 30, 2007:
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Manufacturer/exporter Margin (percent)
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BASF AG............................................. 237.00
All Others.......................................... 150.82
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Continuation of Suspension of Liquidation
Pursuant to section 735(c)(1)(B) of the Act, we will instruct U.S.
Customs and Border Protection (CBP) to continue to suspend liquidation
of all entries of subject merchandise from Germany, entered, or
withdrawn from warehouse, for consumption on or after April 23, 2008,
the date of publication of the Preliminary Determination. We will
instruct CBP to require a cash deposit or the posting of a bond equal
to the weighted-average dumping margins, as indicated in the chart
above, as follows: (1) the rate for the firm listed above will be the
rate we have determined in this final determination; (2) if the
exporter is not a firm identified in this investigation, but the
producer is, the rate will be the rate established for the producer of
the subject merchandise; (3) the rate for all other producers or
exporters will be 150.82 percent.\1\ These suspension-of-liquidation
instructions will remain in effect until further notice.
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\1\ This rate was incorrectly stated as 237.00 percent in the
``Suspension of Liquidation'' section of the Preliminary
Determination. See Preliminary Determination, 73 FR at 21912.
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International Trade Commission Notification
In accordance with section 735(d) of the Act, we have notified the
International Trade Commission (ITC) of our final determination. As our
final determination is affirmative and in accordance with section
735(b)(2) of the Act, the ITC will determine, within 45 days, whether
the domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports or sales (or the
likelihood of sales) for importation of the subject merchandise. If the
ITC determines that such injury does exist, the Department will issue
an antidumping duty order directing CBP to assess antidumping duties on
all imports of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the effective date of the
suspension of liquidation.
Notification Regarding APO
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305. Timely notification of return/
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and the
terms of an APO is a sanctionable violation.
This determination is issued and published pursuant to sections
735(d) and 777(i)(1) of the Act.
Dated: June 30, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix--Issues in Decision Memorandum
Comments
Issue 1: Selection of the Adverse Facts Available Rate for BASF
Issue 2: Selection of the All-Others Rate
[FR Doc. E8-15458 Filed 7-7-08; 8:45 am]
BILLING CODE 3510-DS-S