Notice2022-02635
Sodium Nitrite From India and the Russian Federation: Initiation of Less-Than-Fair-Value Investigations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
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 7122-7127]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02635]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-906, A-821-836]
Sodium Nitrite From India and the Russian Federation: Initiation
of Less-Than-Fair-Value Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable February 2, 2022.
FOR FURTHER INFORMATION CONTACT: Joy Zhang (India) or Paola Aleman
Ordaz (the Russian Federation (Russia)); AD/CVD Operations, Offices III
and IV, respectively, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1168 and (202) 482-4031,
respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On January 13, 2022, the Department of Commerce (Commerce) received
antidumping duty (AD) 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 Petitions were accompanied by countervailing duty (CVD)
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 19 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 the supplemental questionnaires on January 21, 24,
and 27, 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 and the Russian Federation: Supplemental Questions,''
dated January 19, 2022; ``Petition for the Imposition of Antidumping
Duties on Imports of Sodium Nitrite from India: Supplemental
Questions,'' dated January 19, 2022; and ``Petition for the
Imposition of Antidumping Duties on Imports of Sodium Nitrite from
the Russian Federation: AD Questions,'' dated January 20, 2022; see
also Memoranda, ``Phone Call with Counsel to the Petitioner,'' dated
January 27, 2022.
\4\ See Petitioner's Letters, ``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); ``Sodium Nitrite
from India: Responses to Supplemental Questions Regarding the
Antidumping Duty Petition,'' dated January 24, 2022; ``Petition for
the Imposition of Antidumping Duties on Imports of Sodium Nitrite
from Russia: Responses to Supplemental Questions Regarding the
Antidumping Duty Petition,'' dated January 24, 2022; ``Sodium
Nitrite from India and Russia: Second Supplemental Questionnaire
Response to Petition General Issues,'' dated January 27, 2022
(Second General Issues Supplement); ``Sodium Nitrite from India:
Responses to Second Supplemental Questions Regarding the Antidumping
Duty Petition,'' dated January 27, 2022; and ``Petition for the
Imposition of Antidumping Duties on Imports of Sodium Nitrite from
Russia: Responses to Second Supplemental Questions Regarding the
Antidumping Duty Petition,'' dated January 27, 2022.
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[[Page 7123]]
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of sodium
nitrite from India and Russia are being, or are likely to be, sold in
the United States at less than fair value (LTFV) within the meaning of
section 731 of the Act, 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
732(b)(1) of the Act, 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 LTFV investigations.\5\
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\5\ See infra, section titled ``Determination of Industry
Support for the Petitions.''
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Periods of Investigation
Because the Petitions were filed on January 13, 2022, the period of
investigation (POI) for these LTFV investigations is January 1, 2021,
through December 31, 2021, pursuant to 19 CFR 351.204(b)(1).\6\
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\6\ See 19 CFR 351.204(b)(1).
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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 the 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).\7\ 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,\8\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit such 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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\7\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\8\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
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Commerce requests that any factual information that parties
consider relevant to the scope of these investigations be submitted
during this 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
submissions 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 via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\9\ An electronically-filed document must be received
successfully in its entirety by the time and date on which it is due.
Note that Commerce has temporarily modified certain of its requirements
for serving documents containing business proprietary information until
further notice.\10\
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\9\ 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 help 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_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>.
\10\ 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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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of sodium nitrite to be
reported in response to Commerce's AD questionnaires. This information
will be used to identify the key physical characteristics of the
subject merchandise in order to report the relevant costs of production
accurately, as well as to develop appropriate product-comparison
criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) General product
characteristics; and (2) product comparison criteria. We note that it
is not always appropriate to use all product characteristics as product
comparison criteria. We base product comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by manufacturers
to describe sodium nitrite, it may be that only a select few product
characteristics take into account commercially meaningful physical
characteristics. In addition, interested parties may comment on the
order in which the physical characteristics should be used in matching
products. Generally, Commerce attempts to list the most important
physical characteristics first and the least important characteristics
last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on February 22,
2022, which is 20 calendar days from the signature date of this notice.
Any rebuttal comments must be filed by 5:00 p.m. ET on March 4, 2022,
which is ten calendar days from the initial comment deadline. All
comments and submissions to Commerce must be filed electronically using
ACCESS, as explained above, on the record of each of the LTFV
investigations.
Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) 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 732(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,
[[Page 7124]]
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,\11\ 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.\12\
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\11\ See section 771(10) of the Act.
\12\ 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.\13\ 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.\14\
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\13\ See Petitions at Volume I at 10-15.
\14\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Country-Specific AD Initiation Checklists, ``Antidumping 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 AD 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
732(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 volume of sodium nitrite during the calendar year
2021.\15\ The petitioner also provided an estimate of the 2021
production volume for the only other known U.S. producer of sodium
nitrite, SABIC Innovative Chemicals US, LLC.\16\ The petitioner then
compared its own production volume of sodium nitrite to the total
volume of sodium nitrite produced by the U.S. industry.\17\ We relied
on data provided by the petitioner for purposes of measuring industry
support.\18\
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\15\ See Petitions at Volume I at 3; see also General Issues
Supplement at 3-4; and General Issues Errata at 1.
\16\ See Petitions at Volume I at 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.
\17\ See General Issues Supplement at 4; see also 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. For further discussion, see Attachment II of the Country-
Specific AD 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).\19\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
732(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.\20\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(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.\21\ Accordingly, Commerce determines that the Petitions
were filed on behalf of the domestic industry within the meaning of
section 732(b)(1) of the Act.\22\
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\19\ See Country-Specific AD Initiation Checklists at Attachment
II; see also section 732(c)(4)(D) of the Act.
\20\ See Country-Specific AD Initiation Checklists at Attachment
II.
\21\ Id.
\22\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioner alleges that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\23\
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\23\ See Petitions at Volume I at 15 and Exhibit I-7; see also
General Issues Supplement at 4 and Exhibit I-26; and 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 a decline in sales
revenues and a negative impact on operating profits.\24\ 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.\25\
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\24\ 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.
\25\ See Country-Specific AD 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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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate these LTFV
investigations on imports of sodium nitrite from India and Russia. The
sources of data for the deductions and adjustments relating to U.S.
price and normal value (NV) are discussed in greater detail in the
country-specific AD initiation checklists.
U.S. Price
For India and Russia, the petitioner based export price (EP) on the
average unit values (AUVs) of publicly available import data.\26\ For
India, the petitioner also based EP on price quotes for the sale of
sodium nitrite produced in, and
[[Page 7125]]
exported from, India and offered for sale in the United States.\27\ The
petitioner conservatively did not adjust the U.S. prices based on AUVs
for movement or other expenses incurred in India and Russia for
purposes of calculating net U.S. prices.\28\ For India, the petitioner
made certain adjustments for movement and other expenses for the U.S.
price based on price quotes to calculate a net U.S. price.\29\
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\26\ See Country-Specific AD Initiation Checklists.
\27\ See India AD Initiation Checklist.
\28\ See Country-Specific AD Initiation Checklists.
\29\ See India AD Initiation Checklist.
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Normal Value <SUP>30</SUP>
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\30\ In accordance with section 773(b)(2) of the Act, for these
investigations, Commerce will request information necessary to
calculate the constructed value (CV) and cost of production (COP) to
determine whether there are reasonable grounds to believe or suspect
that sales of the foreign like product have been made at prices that
represent less than the COP of the product.
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For India, the petitioner based NV on home market pricing
information obtained through market research for sodium nitrite
produced in and sold, or offered for sale, in India.\31\ For Russia,
the petitioner provided information indicating that the home market
price it obtained through market research was below the cost of
production (COP) and, therefore, the petitioner calculated NV based on
constructed value (CV).\32\ For further discussion of CV, see the
section ``Normal Value Based on Constructed Value.''
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\31\ See India AD Initiation Checklist.
\32\ See Russia AD Initiation Checklist.
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Normal Value Based on Constructed Value
As noted above, the petitioner provided information indicating that
the price charged for sodium nitrite produced in and sold, or offered
for sale, in Russia was below the COP; therefore, for Russia, the
petitioner calculated NV based on CV.\33\ Pursuant to section 773(e) of
the Act, the petitioner calculated CV as the sum of the cost of
manufacturing; selling, general, and administrative expenses; financial
expenses; and profit.\34\ In calculating the cost of manufacturing, the
petitioner relied on its own production experience and input
consumption rates, adjusted for known differences, and valued inputs
using publicly available information on costs specific to Russia during
the proposed POI.\35\ In calculating selling, general, and
administrative expenses; financial expenses; and profit ratios, the
petitioner relied on the 2020 financial statements of a producer of
chemical fertilizers and related mineral products and by-products in
Russia.\36\
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\33\ See Russia AD Initiation Checklist.
\34\ Id.
\35\ Id.
\36\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of sodium nitrite from India and Russia are being,
or are likely to be, sold in the United States at LTFV. Based on
comparisons of EP to NV or CV in accordance with sections 772 and 773
of the Act, the estimated dumping margins for sodium nitrite from each
of the countries covered by this initiation are as follows: (1) India--
53.43 to 153.30 percent; and (2) Russia--207.17 percent.\37\
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\37\ See Country-Specific AD Initiation Checklists.
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Initiation of LTFV Investigations
Based upon our examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating these LTFV investigations to
determine whether imports of sodium nitrite from India and Russia are
being, or are likely to be, sold in the United States at LTFV. In
accordance with section 733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 140 days after the date of this
initiation.
Respondent Selection
In the Petitions, the petitioner identified four companies in India
and one company in Russia as producers and/or exporters of sodium
nitrite.\38\ With respect to India, following standard practice in LTFV
investigations involving market economy countries, in the event that
Commerce determines that the number of exporters or producers in any
individual case is large such that it cannot individually examine each
company based upon its resources, where appropriate, Commerce intends
to select mandatory respondents in that case based on U.S. Customs and
Border Protection (CBP) data for U.S. imports under the appropriate
Harmonized Tariff Schedule of the United States subheadings listed in
the ``Scope of the Investigations,'' in the appendix.
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\38\ See Petitions at Volume I at 9-10 and Exhibit I-6; see also
General Issues Supplement at 1-3.
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On January 25 and 28, 2022, Commerce released CBP data on U.S.
imports of sodium nitrite from India and Russia, respectively, 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 after the publication date of the notice
of initiation of these investigations.\39\ Commerce will not accept
rebuttal comments regarding the CBP data or respondent selection.
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\39\ See Memoranda, ``Antidumping Duty Investigation of Sodium
Nitrite from India: Release of Customs Data from U.S. Customs and
Border Protection,'' dated January 25, 2022, and ``Antidumping Duty
Petition on Imports of Sodium Nitrite from the Russian Federation:
Release of U.S. Customs and Border Protection Data,'' dated January
28, 2022 (Russia CBP Import Data Release Memorandum).
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The petitioner named only one company as a producer/exporter of
sodium nitrite in Russia, Uralchem, JSC (Uralchem).\40\ We placed CBP
import data on the record of this proceeding, which supports the
petitioner's identification of Uralchem as the sole producer/exporter
of sodium nitrite in Russia.\41\ We currently know of no other
producers/exporters of subject merchandise in Russia. Accordingly,
Commerce intends to examine all known producers/exporters in this
investigation (i.e., Uralchem). We are providing interested parties
with an opportunity to comment on the CBP data and respondent selection
within three business days of publication of this notice in the Federal
Register.\42\ As noted above, Commerce will not accept rebuttal
comments regarding the CBP data or respondent selection. If no comments
are received, or if the comments that Commerce receives further support
the existence of Uralchem as the sole producer/exporter of sodium
nitrite in Russia, we do not intend to conduct respondent selection and
will issue the AD questionnaire to Uralchem. However, if Commerce
receives comments that require it to select a respondent, we intend to
finalize our decisions regarding respondent selection within 20 days of
publication of this notice.
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\40\ See Petitions at Volume IV at 10 and Exhibit IV-1.
\41\ See Russia CBP Import Data Release Memorandum.
\42\ Id.
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Comments on CBP data and respondent selection must be filed
electronically using ACCESS. An electronically filed document must be
received successfully in its entirety via ACCESS by 5:00 p.m. ET on the
specified deadline. 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>.
[[Page 7126]]
Distribution of Copies of the Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the Petitions have been
provided to the governments of India and Russia 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
We will notify the ITC of our initiation, as required by section
732(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 imports of sodium nitrite from India and/or Russia are
materially injuring, or threatening material injury to, a U.S.
industry.\43\ A negative ITC determination for any country will result
in the investigation being terminated with respect to that country.\44\
Otherwise, these LTFV investigations will proceed according to
statutory and regulatory time limits.
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\43\ See section 733(a) of the Act.
\44\ 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 \45\ 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.\46\ 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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\45\ See 19 CFR 351.301(b).
\46\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV, stating that ``if a
particular market situation exists such that the cost of materials and
fabrication or other processing of any kind does not accurately reflect
the cost of production in the ordinary course of trade, the
administering authority may use another calculation methodology under
this subtitle or any other calculation methodology.'' When an
interested party submits a PMS allegation pursuant to section 773(e) of
the Act, Commerce will respond to such a submission consistent with 19
CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section
773(e) of the Act, then it will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set
a deadline for the submission of PMS allegations and supporting factual
information. However, in order to administer section 773(e) of the Act,
Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of a respondent's initial
section D questionnaire response.
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, we 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, we 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.\47\
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\47\ 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.\48\
Parties must use the certification formats provided in 19 CFR
351.303(g).\49\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\48\ See section 782(b) of the Act.
\49\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are 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 a letter of appearance as
discussed). Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\50\
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\50\ 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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This notice is issued and published pursuant to sections 732(c)(2)
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
[[Page 7127]]
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. 2022-02635 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.
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