[Federal Register: May 5, 2008 (Volume 73, Number 87)]
[Notices]
[Page 24610-24611]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05my08-502]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-453 and 731-TA-1136-1137 (Final)]
Sodium Nitrite From China and Germany
AGENCY: United States International Trade Commission.
ACTION: Scheduling of the final phase of countervailing duty and
antidumping investigations.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of countervailing duty investigation No. 701-TA-453 (Final)
under section 705(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b))
(the Act) and the final phase of antidumping investigation Nos. 731-TA-
1136-1137 (Final) under section 735(b) of the Act (19 U.S.C. 1673d(b))
to determine whether an industry in the United States is materially
injured or threatened with material injury, or the establishment of an
industry in the United States is materially retarded, by reason of
subsidized and less-than-fair-value imports from China and Germany of
sodium nitrite, provided for in subheading 2834.10.10 of the Harmonized
Tariff Schedule of the United States.\1\
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\1\ For purposes of these investigations, the Department of
Commerce has defined the subject merchandise as ``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.'' Commerce has further indicated that the
American Chemical Society Chemical Abstract Service (CAS) registry
number is 7632-00-0.
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For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A through E (19 CFR part 201), and part 207, subparts A and C
(19 CFR part 207).
DATES: Effective Date: April 23, 2008.
FOR FURTHER INFORMATION CONTACT: Dana Lofgren (202-205-3185), Office of
Investigations, U.S. International Trade Commission, 500 E Street, SW.,
Washington, DC 20436. Hearing-impaired persons can obtain information
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special
assistance in gaining access to the Commission should contact the
Office of the Secretary at 202-205-2000. General information concerning
the Commission may also be obtained by accessing its internet server
(http://www.usitc.gov). The public record for these investigations may
be viewed on the Commission's electronic docket (EDIS) at http://
edis.usitc.gov.
SUPPLEMENTARY INFORMATION: Background. The final phase of these
investigations is being scheduled as a result of affirmative
preliminary determinations by the Department of Commerce that certain
benefits which constitute subsidies within the meaning of section 703
of the Act (19 U.S.C. 1671b) are being provided to manufacturers,
producers, or exporters in China of sodium nitrite, and that such
products from China and Germany are being sold in the United States at
less than fair value within the meaning of section 733 of the Act (19
U.S.C. 1673b). The investigations were requested in a petition filed on
November 8, 2007, by General Chemical LLC, of Parsippany, NJ.
Participation in the investigations and public service list.
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list. Pursuant
to section 207.7(a) of the Commission's rules, the Secretary will make
BPI gathered in the final phase of these investigations available to
authorized applicants under the APO issued in the investigations,
[[Page 24611]]
provided that the application is made no later than 21 days prior to
the hearing date specified in this notice. Authorized applicants must
represent interested parties, as defined by 19 U.S.C. 1677(9), who are
parties to the investigations. A party granted access to BPI in the
preliminary phase of the investigations need not reapply for such
access. A separate service list will be maintained by the Secretary for
those parties authorized to receive BPI under the APO.
Staff report. The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on June 18,
2008, and a public version will be issued thereafter, pursuant to
section 207.22 of the Commission's rules.
Hearing. The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on July 2,
2008, at the U.S. International Trade Commission Building. Requests to
appear at the hearing should be filed in writing with the Secretary to
the Commission on or before June 26, 2008. A nonparty who has testimony
that may aid the Commission's deliberations may request permission to
present a short statement at the hearing. All parties and nonparties
desiring to appear at the hearing and make oral presentations should
attend a prehearing conference to be held at 9:30 a.m. on June 30,
2008, at the U.S. International Trade Commission Building. Oral
testimony and written materials to be submitted at the public hearing
are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the
Commission's rules. Parties must submit any request to present a
portion of their hearing testimony in camera no later than 7 business
days prior to the date of the hearing.
Written submissions. Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of section 207.23 of the Commission's
rules; the deadline for filing is June 25, 2008. Parties may also file
written testimony in connection with their presentation at the hearing,
as provided in section 207.24 of the Commission's rules, and
posthearing briefs, which must conform with the provisions of section
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is July 10, 2008; witness testimony must be filed no later than
three days before the hearing. In addition, any person who has not
entered an appearance as a party to the investigations may submit a
written statement of information pertinent to the subject of the
investigations, including statements of support or opposition to the
petition, on or before July 10, 2008. On August 4, 2008, the Commission
will make available to parties all information on which they have not
had an opportunity to comment. Parties may submit final comments on
this information on or before August 6, 2008, but such final comments
must not contain new factual information and must otherwise comply with
section 207.30 of the Commission's rules. All written submissions must
conform with the provisions of section 201.8 of the Commission's rules;
any submissions that contain BPI must also conform with the
requirements of sections 201.6, 207.3, and 207.7 of the Commission's
rules. The Commission's rules do not authorize filing of submissions
with the Secretary by facsimile or electronic means, except to the
extent permitted by section 201.8 of the Commission's rules, as
amended, 67 FR 68036 (November 8, 2002). Even where electronic filing
of a document is permitted, certain documents must also be filed in
paper form, as specified in II(C) of the Commission's Handbook on
Electronic Filing Procedures, 67 FR 68168, 68173 (November 8, 2002).
Additional written submissions to the Commission, including
requests pursuant to section 201.12 of the Commission's rules, shall
not be accepted unless good cause is shown for accepting such
submissions, or unless the submission is pursuant to a specific request
by a Commissioner or Commission staff.
In accordance with sections 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the investigations must be
served on all other parties to the investigations (as identified by
either the public or BPI service list), and a certificate of service
must be timely filed. The Secretary will not accept a document for
filing without a certificate of service.
Authority: These investigations are being conducted under
authority of title VII of the Tariff Act of 1930; this notice is
published pursuant to section 207.21 of the Commission's rules.
Issued: April 29, 2008.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-9772 Filed 5-2-08; 8:45 am]
BILLING CODE 7020-02-P