Notice of Final Determination of Sales at Less Than Fair Value: Sodium Nitrite from the Federal Republic of Germany, 38986-38987 [E8-15458]

Download as PDF 38986 Federal Register / Vol. 73, No. 131 / Tuesday, July 8, 2008 / Notices 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 of sales at LTFV. As our final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will determine 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 within 45 days of this final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled. 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antidumping duty order directing CBP to assess antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation.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 the 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 written notification of return or 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 and notice are issued and published in accordance with sections 735(d) and 777(i)(1) of the Act. Dated: June 30, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8–15488 Filed 7–7–08; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration ebenthall on PRODPC60 with NOTICES A–428–841 Notice of Final Determination of Sales at Less Than Fair Value: Sodium Nitrite from the Federal Republic of Germany Import Administration, International Trade Administration, Department of Commerce. AGENCY: VerDate Aug<31>2005 15:11 Jul 07, 2008 Jkt 214001 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 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 directly on the Web at https:// 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. E:\FR\FM\08JYN1.SGM 08JYN1 Federal Register / Vol. 73, No. 131 / Tuesday, July 8, 2008 / Notices 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. 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 Manufacturer/exporter Margin (percent) APO materials or conversion to judicial BASF AG ...................... 237.00 protective order is hereby requested. All Others ...................... 150.82 Failure to comply with the regulations and the terms of an APO is a Continuation of Suspension of sanctionable violation. Liquidation This determination is issued and Pursuant to section 735(c)(1)(B) of the published pursuant to sections 735(d) and 777(i)(1) of the Act. Act, we will instruct U.S. Customs and Border Protection (CBP) to continue to Dated: June 30, 2008. suspend liquidation of all entries of David M. Spooner, subject merchandise from Germany, Assistant Secretary for Import entered, or withdrawn from warehouse, Administration. for consumption on or after April 23, Appendix—Issues in Decision 2008, the date of publication of the Memorandum Preliminary Determination. We will instruct CBP to require a cash deposit or Comments the posting of a bond equal to the Issue 1: Selection of the Adverse Facts weighted–average dumping margins, as indicated in the chart above, as follows: Available Rate for BASF (1) the rate for the firm listed above will Issue 2: Selection of the All–Others Rate [FR Doc. E8–15458 Filed 7–7–08; 8:45 am] be the rate we have determined in this final determination; (2) if the exporter is BILLING CODE 3510–DS–S not a firm identified in this investigation, but the producer is, the DEPARTMENT OF COMMERCE rate will be the rate established for the producer of the subject merchandise; (3) National Oceanic and Atmospheric the rate for all other producers or Administration 1 These exporters will be 150.82 percent. RIN 0648–XI83 suspension–of-liquidation instructions will remain in effect until further notice. Magnuson-Stevens Act Provisions; International Trade Commission General Provisions for Domestic Notification Fisheries; Application for Exempted Fishing Permits In accordance with section 735(d) of the Act, we have notified the AGENCY: National Marine Fisheries International Trade Commission (ITC) of Service (NMFS), National Oceanic and our final determination. As our final Atmospheric Administration (NOAA), determination is affirmative and in Commerce. accordance with section 735(b)(2) of the ACTION: Notice; request for comments. Act, the ITC will determine, within 45 days, whether the domestic industry in SUMMARY: The Assistant Regional the United States is materially injured, Administrator for Sustainable Fisheries, or threatened with material injury, by Northeast Region, NMFS (Assistant reason of imports or sales (or the Regional Administrator), has made a likelihood of sales) for importation of preliminary determination that an the subject merchandise. If the ITC Exempted Fishing Permit (EFP) ebenthall on PRODPC60 with NOTICES Final Determination of Investigation We determine that the following weighted–average dumping margins exist for the period October 1, 2006, through September 30, 2007: 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. VerDate Aug<31>2005 15:11 Jul 07, 2008 Jkt 214001 application submitted by the University of New England (UNE) and the New England Aquarium (NEA) contains all of the required information and warrants PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 38987 further consideration. The Assistant Regional Administrator has made a preliminary determination that the activities authorized under this EFP would be consistent with the goals and objectives of the Northeast (NE) Skate Complex and NE Multispecies Fishery Management Plans (FMPs). However, further review and consultation may be necessary before a final determination is made to issue an EFP. Therefore, NMFS announces that the Assistant Regional Administrator proposes to recommend that an EFP be issued that would allow two commercial fishing vessels to conduct fishing operations that are otherwise restricted by the regulations governing the fisheries of the Northeastern United States. This EFP, which would enable researchers to study the immediate and short-term post-release mortality of skates, would grant exemptions from the regulations as follows: Retaining, possessing, or landing prohibited skate species, and skate possession limits for sampling purposes. Regulations under the MagnusonStevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed EFPs. DATES: Comments must be received on or before July 23, 2008. ADDRESSES: You may submit written comments by any of the following methods: • Email: DA8–145@noaa.gov. Include in the subject line ‘‘Comments on UNE/ NEA skate bycatch mortality EFP.’’ • Mail: Patricia A. Kurkul, Regional Administrator, NMFS, NE Regional Office, 1 Blackburn Drive, Gloucester, MA 01930. Mark the outside of the envelope ‘‘Comments on UNE/NEA skate bycatch mortality EFP, DA8–145.’’ • Fax: (978) 281–9135. FOR FURTHER INFORMATION CONTACT: Emily Bryant, Fishery Management Specialist, 978–281–9244. SUPPLEMENTARY INFORMATION: An application for an EFP was submitted on June 12, 2008, by Dr. James Sulikowski, from the Marine Science Center of UNE, for a project funded by the NOAA Saltonstall-Kennedy Grant Program. The primary goal of this project is to provide data to determine the immediate and short-term survivability of winter, smooth, little, and thorny skates. This research could provide valuable information for future skate management objectives. Results will be provided to the Northeast Fisheries Science Center and the New England Fishery Management Council. Researchers will also disseminate E:\FR\FM\08JYN1.SGM 08JYN1

Agencies

[Federal Register Volume 73, Number 131 (Tuesday, July 8, 2008)]
[Notices]
[Pages 38986-38987]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15458]


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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 https://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:

------------------------------------------------------------------------
                Manufacturer/exporter                  Margin (percent)
------------------------------------------------------------------------
BASF AG.............................................              237.00
All Others..........................................              150.82
------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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