[Federal Register Volume 61, Number 28 (Friday, February 9, 1996)]
[Notices]
[Page 4959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2911]
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DEPARTMENT OF COMMERCE
[A-588-839]
Initiation of Antidumping Duty Investigation: Sodium Azide From
Japan
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: February 9, 1996.
FOR FURTHER INFORMATION CONTACT: John Beck at (202) 482-3464 or
Jennifer Stagner at (202) 482-1673, Office of Antidumping
Investigations, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington, DC 20230.
INITIATION OF INVESTIGATION:
The Applicable Statute
Unless otherwise indicated, all citations to the statute are
references to the provisions effective January 1, 1995, the effective
date of the amendments made to the Tariff Act of 1930 (the Act) by the
Uruguay Round Agreements Act (URAA).
The Petition
On January 16, 1996, the Department of Commerce (the Department)
received a petition filed in proper form by the American Azide
Corporation (the petitioner), the sole U.S. producer of sodium azide. A
supplement to the petition was filed on January 29, 1996.
In accordance with section 732(b) of the Act, the petitioner
alleges that imports of sodium azide from Japan are being, or are
likely to be, sold in the United States at less than fair value within
the meaning of section 731 of the Act, and that such imports are
materially injuring, or threatening material injury to, a U.S.
industry.
The petitioner states that it has standing to file the petition
because it is an interested party, as defined under section 771(9)(C)
of the Act.
Determination of Industry Support for the Petition
Section 732(c)(4)(A) of the Act requires the Department to
determine, prior to the initiation of an investigation, that a minimum
percentage of the domestic industry supports an antidumping petition. A
petition meets these minimum requirements if (1) the domestic producers
or workers who support the petition account for at least 25 percent of
the total production of the domestic like product; and (2) the domestic
producers or workers who support the petition account for more than 50
percent of the production of the domestic like product produced by that
portion of the industry expressing support for, or opposition to, the
petition.
A review of the data provided in the petition and other information
readily available to the Department indicates that the petitioner is
the sole producer of sodium azide in the United States. The Department
received no expressions of opposition to the petition from any
interested party. Accordingly, the Department determines that this
petition is supported by the domestic industry.
Scope of the Investigation
The product covered by this investigation is sodium azide
(NaN3) regardless of use, and whether or not combined with silicon
oxide (SiO2) or any other inert flow assisting agent. The
merchandise under investigation is currently classifiable under item
2850.00.50.00 of the Harmonized Tariff Schedule of the United States
(HTSUS). Although the HTSUS subheading is provided for convenience and
customs purposes, our written description of the scope of this
investigation is dispositive.
Export Price and Normal Value
The petitioner based export price on delivered prices in the United
States quoted by a Japanese producer. These prices were adjusted by the
petitioner for U.S. and foreign inland freight, ocean freight, U.S.
duties, and the U.S. trading company mark-up.
The petitioner based normal value on delivered prices in Japan
quoted by a Japanese producer. The unit price quotes denominated in
Japanese yen were converted by the petitioner to U.S. dollars using the
exchange rate in effect at the beginning of the third quarter of 1995.
An adjustment was made for foreign inland freight.
Based on comparisons of export price to normal value, the estimated
dumping margins for sodium azide from Japan range from 58.50 to 65.80
percent.
Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of sodium azide from Japan are being, or likely to
be, sold at less than fair value. If it becomes necessary at a later
date to consider this petition as a source of facts available under
section 776 of the Act, we may review further the calculations.
Initiation of Investigation
We have examined the petition on sodium azide and have found that
it meets the requirements of section 732 of the Act, including the
requirements concerning allegations of the material injury or threat of
material injury to the domestic producers of a domestic like product by
reason of the complained-of imports, allegedly sold at less than fair
value. Therefore, we are initiating an antidumping duty investigation
to determine whether imports of sodium azide from Japan are being, or
are likely to be, sold in the United States at less than fair value.
Unless extended, we will make our preliminary determination by June 24,
1996.
Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act, a copy of the
public version of the petition has been provided to the representatives
of the government of Japan. We will attempt to provide copies of the
public versions of the petition to all the exporters named in the
petition.
International Trade Commission (ITC) Notification
We have notified the ITC of our initiation, as required by section
732(d) of the Act.
Preliminary Determination by the ITC
The ITC will determine by March 1, 1996, whether there is a
reasonable indication that imports of sodium azide from Japan are
causing material injury, or threatening to cause material injury, to a
U.S. industry. A negative ITC determination will result in the
investigation being terminated; otherwise, this investigation will
proceed according to statutory and regulatory time limits.
Dated: February 5, 1996.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 96-2911 Filed 2-8-96; 8:45 am]
BILLING CODE 3510-DS-P
