Notice2022-02634
Sodium Nitrite From India and the Russian Federation: Initiation of Countervailing Duty Investigations
Primary source
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Published
February 8, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 87 Issue 26 (Tuesday, February 8, 2022)</title>
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[Federal Register Volume 87, Number 26 (Tuesday, February 8, 2022)]
[Notices]
[Pages 7108-7112]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02634]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-907, C-821-837]
Sodium Nitrite From India and the Russian Federation: Initiation
of Countervailing Duty Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable February 2, 2022.
FOR FURTHER INFORMATION CONTACT: Ariela Garvett at (202) 482-3609, Eva
Kim at (202) 482-8283, and Thomas Martin at (202) 482-3936 (India), and
Melissa Kinter at (202) 482-1413 (the Russian Federation (Russia)), AD/
CVD Operations, Offices IV and II, respectively, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On January 13, 2022, the Department of Commerce (Commerce) received
countervailing duty (CVD) petitions concerning imports of sodium
nitrite from India and Russia, filed in proper form on behalf of
Chemtrade Chemicals US, LLC (the petitioner), a domestic producer of
sodium nitrite.\1\ The
[[Page 7109]]
Petitions were accompanied by antidumping duty (AD) petitions
concerning imports of sodium nitrite from India and Russia.\2\
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\1\ See Petitioner's Letter, ``Sodium Nitrite from India and
Russia: Antidumping and Countervailing Duty Petitions,'' dated
January 13, 2022 (the Petitions).
\2\ Id.
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Between January 18 and 27, 2022, Commerce requested supplemental
information pertaining to certain aspects of the Petitions in separate
supplemental questionnaires and telephone calls.\3\ The petitioner
filed responses to these requests on January 20, 21, 24, and 26,
2022.\4\
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\3\ See Commerce's Letters, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Sodium Nitrite
from India: Supplemental Questions,'' dated January 18, 2022;
``Petition for the Imposition of Countervailing Duties on Imports of
Sodium Nitrite from the Russian Federation: Supplemental
Questions,'' dated January 18, 2022; ``Petitions for the Imposition
of Antidumping and Countervailing Duties on Imports of Sodium
Nitrite from India and the Russian Federation: Supplemental
Questions,'' dated January 19, 2022; and ``Petition for the
Imposition of Countervailing Duties on Imports of Sodium Nitrite
from India: Second Supplemental Questions,'' dated January 24, 2022;
see also Memorandum, ``Petitions for the Imposition of Antidumping
and Countervailing Duties on Imports of Sodium Nitrite from India
and the Russian Federation: Phone Call with Counsel to the
Petitioner,'' dated January 27, 2022.
\4\ See Petitioner's Letters, ``Sodium Nitrite from India:
Responses to Supplemental Questions Regarding the Countervailing
Duty Petition,'' dated January 20, 2022; ``Petition for the
Imposition of Antidumping and Countervailing Duties on Imports of
Sodium Nitrite from India and Russia: Supplemental Questionnaire
Responses to Petition General Issues,'' dated January 21, 2022
(General Issues Supplement); ``Sodium Nitrite from India and Russia:
Errata to Supplemental Questionnaire Responses to Petition General
Issues,'' dated January 24, 2022 (General Issues Errata); ``Petition
for the Imposition of Countervailing Duties on Imports of Sodium
Nitrite from Russia: Responses to Supplemental Questions Regarding
the Countervailing Duty Petition,'' dated January 21, 2022; ``Sodium
Nitrite from India: Responses to Second Supplemental Questions
Regarding the Countervailing Duty Petition,'' dated January 26,
2022; and ``Sodium Nitrite from India and Russia: Second
Supplemental Questionnaire Response to Petition General Issues,''
dated January 27, 2022 (Second General Issues Supplement).
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In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Government of India
(GOI) and the Government of Russia (GOR) are providing countervailable
subsidies, within the meaning of sections 701 and 771(5) of the Act, to
producers of sodium nitrite in India and Russia, and that imports of
such products are materially injuring, or threatening material injury
to, the sodium nitrite industry in the United States. Consistent with
section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged
programs on which we are initiating CVD investigations, the Petitions
were accompanied by information reasonably available to the petitioner
supporting its allegations.
Commerce finds that the petitioner filed the Petitions on behalf of
the domestic industry, because the petitioner is an interested party,
as defined in section 771(9)(C) of the Act. Commerce also finds that
the petitioner demonstrated sufficient industry support for the
initiation of the requested CVD investigations.\5\
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\5\ See ``Determination of Industry Support for the Petitions''
section, infra.
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Periods of Investigation
Because the Petitions were filed on January 13, 2022, the period of
investigation (POI) for these CVD investigations is January 1, 2021,
through December 31, 2021, pursuant to 19 CFR 351.204(b)(2).
Scope of the Investigations
The product covered by these investigations is sodium nitrite from
India and Russia. For a full description of the scope of these
investigations, see the appendix to this notice.
Comments on Scope of the Investigations
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\6\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. If scope comments include factual information,\7\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit scope comments by 5:00 p.m. Eastern Time
(ET) on February 22, 2022, which is 20 calendar days from the signature
date of this notice. Any rebuttal comments, which may include factual
information, must be filed by 5:00 p.m. ET on March 4, 2022, which is
ten calendar days from the initial comment deadline.
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\6\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\7\ See 19 CFR 351.102(b)(21) (defining ``factual
information.'').
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Commerce requests that any factual information the parties consider
relevant to the scope of the investigations be submitted during this
time period. However, if a party subsequently finds that additional
factual information pertaining to the scope of these investigations may
be relevant, the party must contact Commerce and request permission to
submit the additional information. All such comments must be filed on
the records of each of the concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically using
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\8\ An electronically-filed document must be received
successfully in its entirety by the time and date it is due. Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information until
further notice.\9\
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\8\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a handbook
can be found at <a href="https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf">https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf</a>.
\9\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
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Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the GOI and the GOR of the receipt of the Petitions and
provided an opportunity for consultations with respect to the
Petitions.\10\ Commerce held consultations with the GOI and the GOR on
January 28, 2022.\11\ On February 1, 2022, the GOI submitted pre-
initiation consultation comments.\12\
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\10\ See Commerce's Letters, ``Petition for the Imposition of
Countervailing Duty Petition on Imports of Certain Sodium Nitrite
from India: Invitation for Consultations to Discuss the
Countervailing Duty Petition,'' dated January 18, 2022; and ``Sodium
Nitrite from the Russian Federation: Invitation for Consultation to
Discuss the Countervailing Duty Petition,'' dated January 14, 2022.
\11\ See Memoranda, ``Countervailing Duty Petition on Sodium
Nitrite from India: Consultations with Officials from the Government
of India,'' dated January 28, 2022; and ``Countervailing Duty
Petition on Sodium Nitrite from the Russian Federation:
Consultations with Officials from the Government of the Russian
Federation,'' dated January 31, 2022.
\12\ See GOI's Letter, ``Pre-Initiation Consultation Note on the
Petition for Initiation of Countervailing Duty Investigation
concerning imports of Certain Sodium Nitrite from India (Case No.
533-907),'' dated February 1, 2022.
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Determination of Industry Support for the Petitions
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A)
[[Page 7110]]
of the Act provides that a petition meets this requirement if the
domestic producers or workers who support the petition account for: (i)
At least 25 percent of the total production of the domestic like
product; and (ii) 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. Moreover,
section 702(c)(4)(D) of the Act provides that, if the petition does not
establish support of domestic producers or workers accounting for more
than 50 percent of the total production of the domestic like product,
Commerce shall: (i) Poll the industry or rely on other information in
order to determine if there is support for the petition, as required by
subparagraph (A); or (ii) determine industry support using a
statistically valid sampling method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\13\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\14\
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\13\ See section 771(10) of the Act.
\14\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F. 2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigations.\15\ Based on our analysis of the information
submitted on the record, we have determined that sodium nitrite, as
defined in the scope, constitutes a single domestic like product, and
we have analyzed industry support in terms of that domestic like
product.\16\
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\15\ See Petitions at Volume I at 10-15.
\16\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Country-Specific CVD Initiation Checklists, ``Countervailing
Duty Investigation Initiation Checklists: Sodium Nitrite from India
and the Russian Federation,'' dated concurrently with this Federal
Register notice and on file electronically via ACCESS (Country-
Specific CVD Initiation Checklists) at Attachment II, Analysis of
Industry Support for the Antidumping and Countervailing Duty
Petitions Covering Sodium Nitrite from India and the Russian
Federation (Attachment II).
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In determining whether the petitioner has standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioner provided its
own total production of sodium nitrite during the calendar year
2021.\17\ The petitioner also provided an estimate of the 2021
production for the only other known U.S. producer of sodium nitrite,
SABIC Innovative Chemicals US, LLC.\18\ The petitioner then compared
its own production to the total volume of sodium nitrite produced by
the U.S. industry.\19\ We relied on data provided by the petitioner for
purposes of measuring industry support.\20\
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\17\ See Petitions at Volume I at 3; see also General Issues
Supplement at 3-4; General Issues Errata at 1.
\18\ See Petitions at Volume I at 3 and Exhibit I-1; see also
General Issues Supplement at 3-4 and Exhibit I-25; General Issues
Errata at 1; and Second General Issues Supplement at 1 and Exhibit
I-28.
\19\ See General Issues Supplement at 4; see also General Issues
Errata at 1.
\20\ See Petitions at Volume I at 3 and Exhibit I-1; see also
General Issues Supplement at 3-4 and Exhibit I-25; General Issues
Errata at 1; and Second General Issues Supplement at 1 and Exhibit
I-28. For further discussion, see Attachment II of the Country-
Specific CVD Initiation Checklists.
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Our review of the data provided in the Petitions, the General
Issues Supplement, General Issues Errata, Second General Issues
Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petitions. First, the Petitions established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as such, Commerce is not
required to take further action in order to evaluate industry support
(e.g., polling).\21\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
702(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petitions account for at least 25 percent of the total
production of the domestic like product.\22\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 702(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petitions 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 Petitions.\23\ Accordingly, Commerce determines that the Petitions
were filed on behalf of the domestic industry within the meaning of
section 702(b)(1) of the Act.\24\
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\21\ See Country-Specific CVD Initiation Checklists at
Attachment II; see also section 702(c)(4)(D) of the Act.
\22\ See Country-Specific CVD Initiation Checklists at
Attachment II.
\23\ Id.
\24\ Id.
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Injury Test
Because India and Russia are ``Subsidies Agreement Countries''
within the meaning of section 701(b) of the Act, section 701(a)(2) of
the Act applies to these investigations. Accordingly, the ITC must
determine whether imports of the subject merchandise from India and/or
Russia materially injure, or threaten material injury to, a U.S.
industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioner
alleges that subject imports exceed the negligibility threshold
provided for under section 771(24)(A) of the Act.\25\
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\25\ See Petitions at Volume I at 15 and Exhibit I-7; see also
General Issues Supplement at 4 and Exhibit I-26; General Issues
Errata at 1-2 and Exhibit I-26.
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The petitioner contends that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
declining market share; underselling and price depression and
suppression; lost sales and revenues; declines in production,
shipments, capacity utilization, and employment; and decline in sales
revenues and negative
[[Page 7111]]
impact on operating profits.\26\ We assessed the allegations and
supporting evidence regarding material injury, threat of material
injury, causation, as well as negligibility, and we have determined
that these allegations are properly supported by adequate evidence, and
meet the statutory requirements for initiation.\27\
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\26\ See Petitions at Volume I at 15-34 and Exhibits I-5, I-7,
I-9 through I-15, and I-18; see also General Issues Supplement at 4-
7 and Exhibits I-22 through I-24 and I-27.
\27\ See Country-Specific CVD Initiation Checklists at
Attachment III, Analysis of Allegations and Evidence of Material
Injury and Causation for the Antidumping and Countervailing Duty
Petitions Covering Sodium Nitrite from India and the Russian
Federation (Attachment III).
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Initiation of CVD Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 702 of
the Act. Therefore, we are initiating CVD investigations to determine
whether imports of sodium nitrite from India and Russia benefit from
countervailable subsidies conferred by the GOI and the GOR,
respectively. In accordance with section 703(b)(1) of the Act and 19
CFR 351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 65 days after the date of these
initiations.
India
Based on our review of the CVD Petition on sodium nitrite from
India, we find that there is sufficient information to initiate a CVD
investigation on all 21 alleged programs. For a full discussion of the
basis for our decision to initiate on each program, see the India CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
Russia
Based on our review of the CVD Petition on sodium nitrite from
Russia, we find that there is sufficient information to initiate a CVD
investigation on ten of the 11 alleged programs. For a full discussion
of the basis for our decision to initiate on ten of the programs and to
not initiate on one program, see the Russia CVD Initiation Checklist. A
public version of the initiation checklist for this investigation is
available on ACCESS.
Respondent Selection
In the Petitions, the petitioner identified four companies in India
and one company in Russia as producers/exporters of sodium nitrite.\28\
Commerce intends to follow its standard practice in CVD investigations
and calculate company-specific subsidy rates in this investigation.
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\28\ See Volume I of the Petitions at 9-10 and Exhibit I-6.
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India
In the event Commerce determines that the number of Indian
producers/exporters is large and it cannot individually examine each
company based upon Commerce's resources,\29\ Commerce intends to select
respondents based on U.S. Customs and Border Protection (CBP) data for
U.S. imports of sodium nitrite from India during the POI under the
appropriate Harmonized Tariff Schedule of the United States numbers
listed in the ``Scope of the Investigations,'' in the appendix.
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\29\ See section 777A(e)(2) of the Act and 19 CFR 351.204(c)(2).
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On January 25, 2022, Commerce released CBP data for U.S. imports of
sodium nitrite from India under Administrative Protective Order (APO)
to all parties with access to information protected by APO and
indicated that interested parties wishing to comment on the CBP data
and/or respondent selection must do so within three business days of
the publication date of the notice of initiation of these
investigations.\30\ Comments must be filed electronically using ACCESS.
An electronically filed document must be received successfully, in its
entirety, by ACCESS no later than 5:00 p.m. ET on the specified
deadline. Commerce will not accept rebuttal comments regarding the CBP
data or respondent selection. We intend to select respondents within 20
days of publication of this notice.
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\30\ See Memorandum, ``Countervailing Duty Petition on Imports
of Sodium Nitrite from India: Release of U.S. Customs and Border
Protection Data,'' dated January 25, 2022.
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Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at <a href="https://enforcement.trade.gov/apo">https://enforcement.trade.gov/apo</a>.
Russia
In the Petition, the petitioner named only one company as a
producer/exporter of sodium nitrite in Russia, UralChem, JSC.\31\
Furthermore, we placed CBP import data onto the record of this
proceeding, which corroborates the existence of UralChem, JSC as the
sole producer/exporter in the foreign market,\32\ and we currently know
of no additional producers/exporters of subject merchandise from
Russia. Accordingly, Commerce intends to examine all known producers/
exporters in this investigation (i.e., the company referenced above).
As noted in the aforementioned Russia CBP Import Data Release Memo, we
invite interested parties to comment on this issue within three days of
publication of this notice in the Federal Register. Commerce will not
accept rebuttal comments regarding respondent selection for Russia.
Because we intend to examine all known producers/exporters, if no
comments are received or if comments received further support the
existence of this sole producer/exporter in Russia, we do not intend to
conduct respondent selection and will proceed to issuing the initial
countervailing duty questionnaire to the company identified. However,
if comments are received that create a need for a respondent selection
process, we intend to finalize our decisions regarding respondent
selection within 20 days of publication of this notice.
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\31\ See Volume I of the Petitions at 10 and Exhibits I-6, I-10,
and I-17; see also General Issues Supplement at 2-3.
\32\ See Memorandum, ``Sodium Nitrite from the Russian
Federation Countervailing Duty Petition: Release of Customs Data
from U.S. Customs and Border Protection,'' dated January 28, 2022
(Russia CBP Import Data Release Memo).
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Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at <a href="https://enforcement.trade.gov/apo">https://enforcement.trade.gov/apo</a>.
Distribution of Copies of the Petitions
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the Petitions have been
provided to the GOI and GOR via ACCESS. To the extent practicable, we
will attempt to provide a copy of the public version of the Petitions
to each exporter named in the Petitions, as provided under 19 CFR
351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 702(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that subject imports are materially injuring, or threatening
material injury to, a U.S. industry.\33\ A negative ITC determination
for any country will result in the investigation being terminated with
respect to that
[[Page 7112]]
country.\34\ Otherwise, these CVD investigations will proceed according
to the statutory and regulatory time limits.
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\33\ See section 703(a) of the Act.
\34\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \35\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\36\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in these investigations.
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\35\ See 19 CFR 351.301(b).
\36\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301. For submissions that are due
from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, Commerce may elect to specify a different
time limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, Commerce will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, stand-alone submission; Commerce will grant untimely filed
requests for the extension of time limits only in limited cases where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning factual
information prior to submitting factual information in these
investigations.\37\
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\37\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013), available at <a href="https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\38\
Parties must use the certification formats provided in 19 CFR
351.303(g).\39\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\38\ See section 782(b) of the Act.
\39\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
<a href="https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf">https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf</a>.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing the required letters of
appearance).
This notice is issued and published pursuant to sections 702 and
777(i) of the Act, and 19 CFR 351.203(c).
Dated: February 2, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigations
The product covered by these investigations is sodium nitrite in
any form, at any purity level. In addition, the sodium nitrite
covered by these investigations 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. Sodium nitrite's chemical composition is
NaNO<INF>2</INF>, 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
these investigations, the narrative description is dispositive, not
the tariff heading, CAS registry number or CAS name, which are
provided for convenience and customs purposes.
[FR Doc. 2022-02634 Filed 2-4-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 8, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.