Notice2022-05724
Sodium Nitrite From India: Postponement of Preliminary Determination in the Countervailing Duty Investigation
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
March 18, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 53 (Friday, March 18, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 53 (Friday, March 18, 2022)]
[Notices]
[Pages 15373-15374]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05724]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-907]
Sodium Nitrite From India: Postponement of Preliminary
Determination in the Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable March 18, 2022.
FOR FURTHER INFORMATION CONTACT: Eva Kim, AD/CVD Operations, Office IV,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230, telephone: (202) 482-8283.
SUPPLEMENTARY INFORMATION:
Background
On February 8, 2022, the Department of Commerce (Commerce)
published the initiation of countervailing duty (CVD) investigations of
imports of sodium nitrite from India and Russia.\1\ Currently, the
preliminary determinations are due no later than April 8, 2022.
---------------------------------------------------------------------------
\1\ See Sodium Nitrite from India and the Russian Federation:
Initiation of Countervailing Duty Investigations, 87 FR 7108
(February 8, 2022).
---------------------------------------------------------------------------
Postponement of Preliminary Determination
Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act),
requires Commerce to issue the preliminary determination in a
countervailing duty investigation within 65 days after the date on
which Commerce initiated the investigation. However, section
[[Page 15374]]
703(c)(1) of the Act permits Commerce to postpone the preliminary
determination until no later than 130 days after the date on which
Commerce initiated the investigation if: (A) The petitioner \2\ makes a
timely request for a postponement; or (B) Commerce concludes that the
parties concerned are cooperating, that the investigation is
extraordinarily complicated, and that additional time is necessary to
make a preliminary determination. Under 19 CFR 351.205(e), the
petitioner must submit a request for postponement 25 days or more
before the scheduled date of the preliminary determination and must
state the reasons for the request. Commerce will grant the request
unless it finds compelling reasons to deny the request.
---------------------------------------------------------------------------
\2\ The petitioner is Chemtrade Chemicals US, LLC.
---------------------------------------------------------------------------
On March 14, 2022, the petitioner submitted a timely request that
Commerce postpone the preliminary CVD determination of sodium nitrite
from India.\3\ The petitioner requested postponement due to the
complexity of this investigation and posited that more time is needed
for Commerce to conduct a complete and thorough analysis.\4\ The
petitioner noted that it ``identified twenty-one different subsidy
programs that potentially benefit the mandatory respondent, Deepak
Nitrite Limited,'' and that Commerce's preliminary determination is
currently due on April 8, 2022,\5\ ``which is just two weeks after the
current deadline for complete initial responses to Sections II and III
of Commerce's questionnaires.'' \6\ In accordance with 19 CFR
351.205(e), the petitioner has stated its reasons for requesting a
postponement of the preliminary determination, and Commerce finds no
compelling reason to deny the request. Therefore, in accordance with
section 703(c)(1)(A) of the Act, Commerce is postponing the deadline
for the preliminary determination to no later than 130 days after the
date on which this investigation was initiated, i.e., June 13, 2022.\7\
Pursuant to section 705(a)(1) of the Act and 19 CFR 351.210(b)(1), the
deadline for the final determination of this investigation will
continue to be 75 days after the date of the preliminary determination.
---------------------------------------------------------------------------
\3\ See Petitioner's Letter, ``Sodium Nitrite from India:
Request for Extension of the Preliminary Determination of the
Countervailing Duty Investigation,'' dated March 14, 2022.
\4\ Id.
\5\ See 19 CFR 351.205(b)(1) (explaining that the preliminary
countervailing duty determination is due 65 days after the date of
initiation). This investigation was initiated on February 2, 2022.
\6\ Id.
\7\ Postponing the preliminary determination to 130 days after
initiation would place the deadline on Sunday, June 12, 2022.
Commerce's practice dictates that where a deadline falls on a
weekend or federal holiday, the appropriate deadline is the next
business day. See Notice of Clarification: Application of ``Next
Business Day'' Rule for Administrative Determination Deadlines
Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10,
2005).
---------------------------------------------------------------------------
This notice is issued and published pursuant to section 703(c)(2)
of the Act and 19 CFR 351.205(f)(1).
Dated: March 14, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-05724 Filed 3-17-22; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on March 18, 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.