[Federal Register Volume 73, Number 167 (Wednesday, August 27, 2008)]
[Notices]
[Page 50595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19884]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-926]


Sodium Nitrite from the People's Republic of China: 
Countervailing Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY:  Based on an affirmative final determination by the U.S. 
International Trade Commission (ITC), the Department of Commerce (the 
Department) is issuing a countervailing duty order on sodium nitrite 
from the People's Republic of China (PRC). On August 20, 2008, the ITC 
notified the Department of its affirmative determination of material 
injury to a U.S. industry. See Sodium Nitrite from the People's 
Republic of China, USITC Pub. 4029, Inv. No. 701-TA-453 (Final) (August 
2008).

EFFECTIVE DATE: August 27, 2008.

FOR FURTHER INFORMATION CONTACT:  Gene Calvert or Paul Matino, AD/CVD 
Operations, Office 6, Import Administration, International Trade 
Administration, Department of Commerce, 14th Street and Constitution 
Avenue, N.W., Washington, D.C. 20230; telephone: (202) 482-3586 or 
(202) 482-4146, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The merchandise covered by this order is sodium nitrite in any 
form, at any purity level. In addition, the sodium nitrite covered by 
this order 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 NaNO[bdi2] 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. For 
purposes of the scope of this order, the narrative description is 
dispositive, not the tariff heading, CAS registry number or CAS name, 
which are provided for convenience and customs purposes.

Countervailing Duty Order

    In accordance with section 705(d) of the Tariff Act of 1930, as 
amended (the Act), on July 8, 2008, the Department published its final 
determination in the countervailing duty investigation of sodium 
nitrite from the PRC. See Sodium Nitrite from the People's Republic of 
China: Final Affirmative Countervailing Determination, 73 FR 38981 
(July 8, 2008). On August 9, 2008, the Department terminated suspension 
of liquidation in accordance with 703(d) of the Act. Section 703(d) 
states that the suspension of liquidation pursuant to a preliminary 
determination may not remain in effect for more than four months.
    On August 20, 2008, the ITC notified the Department of its final 
determination, pursuant to section 705(b)(1)(A)(i) of the Act, that an 
industry in the United States is materially injured as a result of 
subsidized imports of sodium nitrite from the PRC. As a result of the 
ITC's determination, in accordance with Section 706(a) of the Act, the 
Department will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by the Department, countervailing 
duties on all unliquidated entries of sodium nitrite from the PRC 
entered, or withdrawn from warehouse, for consumption on or after April 
11, 2008, the date on which the Department published its preliminary 
affirmative countervailing duty determination in the Federal Register, 
and before August 9, 2008, the date on which the Department instructed 
CBP to discontinue the suspension of liquidation in accordance with 
section 703(d) of the Act. Entries of sodium nitrite made on or after 
August 9, 2008, and prior to the date of publication of the ITC's final 
determination in the Federal Register are not liable for the assessment 
of countervailing duties due to the Department's discontinuation, 
effective August 9, 2008, of the suspension of liquidation.
    In accordance with section 706 of the Act, the Department will 
direct CBP to reinstitute the suspension of liquidation for sodium 
nitrite from the PRC, effective the date of publication of the ITC's 
notice of final determination in the Federal Register, and to assess, 
upon further advice by the Department pursuant to section 706(a)(1) of 
the Act, countervailing duties for each entry of the subject 
merchandise in an amount based on the net countervailable subsidy rates 
for the subject merchandise. On or after the date of publication of the 
ITC's final injury determination in the Federal Register, CBP must 
require, at the same time as importers would normally deposit estimated 
duties on this merchandise, a cash deposit equal to the rates noted 
below:

------------------------------------------------------------------------
                  Producer/Exporter                      Subsidy Rate
------------------------------------------------------------------------
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%
------------------------------------------------------------------------

    This notice constitutes the countervailing duty order with respect 
to sodium nitrite from the PRC pursuant to section 706(a) of the Act. 
Interested parties may contact the Central Records Unit (CRU), Room 
1117 of the main Commerce building, for copies of an updated list of 
countervailing duty orders currently in effect.
    This countervailing duty order is issued and published in 
accordance with sections 705(c)(2) and 705(d) of the Act and 19 CFR 
351.211.

    Dated: August 22, 2008.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E8-19884 Filed 8-26-08; 8:45 am]
BILLING CODE 3510-DS-S