Sodium Nitrite From Germany and the People's Republic of China: Continuation of Antidumping and Countervailing Duty Orders, 39804-39805 [2019-17099]

Download as PDF 39804 Federal Register / Vol. 84, No. 155 / Monday, August 12, 2019 / Notices publication of the final results of this administrative review. Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of these final results, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for the companies under review will be equal to the weighted-average dumping margin listed above in the ‘‘Final Results of Review’’ section; (2) for merchandise exported by producers or exporters not covered in this review but covered in a previously completed segment of this proceeding, the cash deposit rate will continue to be the company-specific rate published in the final results for the most recent period in which that producer or exporter participated; (3) if the exporter is not a firm covered in this review or in any previous segment of this proceeding, but the producer is, then the cash deposit rate will be that established for the producer of the merchandise in these final results of review or in the final results for the most recent period in which that producer participated; and (4) if neither the exporter nor the producer is a firm covered in this review or in any previously completed segment of this proceeding, then the cash deposit rate will be 19.50 percent ad valorem, the all-others rate established in the less than fair value investigation.8 These cash deposit requirements, when imposed, shall remain in effect until further notice. jspears on DSK3GMQ082PROD with NOTICES Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Notification Regarding Administrative Protective Order This notice is the only reminder to parties subject to the administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information 8 See Certain Crystalline Silicon Photovoltaic Products from Taiwan: Final Determination of Sales at Less Than Fair Value, 79 FR 76966 (December 23, 2014). VerDate Sep<11>2014 17:16 Aug 09, 2019 Jkt 247001 disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the 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 violation subject to sanction. Notification to Interested Parties We are issuing and publishing these final results and this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h). Dated: August 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 Order IV. Discussion of Comment Comment: Rate Applicable to Sunrise Global Solar Energy V. Recommendation [FR Doc. 2019–17196 Filed 8–9–19; 8:45 am] BILLING CODE 3510–DS–P 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 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 AGENCY: PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 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 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. E:\FR\FM\12AUN1.SGM 12AUN1 Federal Register / Vol. 84, No. 155 / Monday, August 12, 2019 / Notices 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 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. 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. 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). jspears on DSK3GMQ082PROD with NOTICES 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 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). VerDate Sep<11>2014 17:16 Aug 09, 2019 Jkt 247001 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 39805 Orders.2 A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum.3 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 it is available to all parties in the Central Records Unit, Room B8024 of the main Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. DEPARTMENT OF COMMERCE Scope of the Orders International Trade Administration The products covered by the Orders are aluminum extrusions. For a complete description of the scope of the Orders, see the Issues and Decision Memorandum. [A–570–967, C–570–968] Aluminum Extrusions From the People’s Republic of China: Final Affirmative Determination of Circumvention of the Antidumping Duty and Countervailing Duty Orders, and Partial Rescission Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that aluminum extrusions exported from Vietnam, that are produced from aluminum previously extruded in the People’s Republic of China (China), are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on aluminum extrusions from China. Commerce has also rescinded the minor alterations circumvention inquiry. AGENCY: DATES: In the Preliminary Determination, we stated that because of the affirmative determination of circumvention with respect to merchandise that has been completed or assembled in other foreign countries, pursuant to section 781(b) of the Tariff Act of 1930, as amended (the Act), we did not make a determination with respect to the minor alterations inquiries, pursuant to section 781(c) of the Act.4 For these final results, because we continue to affirm circumvention with respect to merchandise that has been completed or assembled in other foreign countries, we are rescinding the minor alterations circumvention inquiries. Applicable August 12, 2019. Paul Walker, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0413. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Background On May 17, 2019, Commerce published the Preliminary Determination 1 of circumvention of the 1 See Aluminum Extrusions from the People’s Republic of China: Affirmative Preliminary PO 00000 Partial Rescission of Circumvention Inquiries Frm 00010 Fmt 4703 Sfmt 4703 Determination of Circumvention of the Antidumping and Countervailing Duty Orders, 84 FR 22445 (May 17, 2019) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Aluminum Extrusions from the People’s Republic of China: Antidumping Duty Order, 76 FR 30650 (May 26, 2011); and Aluminum Extrusions from the People’s Republic of China: Countervailing Duty Order, 76 FR 30653 (May 26, 2011) (collectively, the Orders). 3 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination of Circumvention Concerning Aluminum Extrusions from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 4 See Preliminary Determination PDM at 15. E:\FR\FM\12AUN1.SGM 12AUN1

Agencies

[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