Notice2022-13184
Sodium Nitrite From India: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With the Final Antidumping Duty Determination
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
June 21, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of sodium nitrite from India for the period of investigation (POI) January 1, 2021, through December 31, 2021. Interested parties are invited to comment on this preliminary determination.
Full Text
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<title>Federal Register, Volume 87 Issue 118 (Tuesday, June 21, 2022)</title>
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[Federal Register Volume 87, Number 118 (Tuesday, June 21, 2022)]
[Notices]
[Pages 36824-36826]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13184]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-907]
Sodium Nitrite From India: Preliminary Affirmative Countervailing
Duty Determination and Alignment of Final Determination With the Final
Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of sodium nitrite from India for the period of
investigation (POI) January 1, 2021, through December 31, 2021.
Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable June 21, 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
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this countervailing duty (CVD)
investigation on February 8, 2022.\1\ On March 18, 2022, Commerce
postponed the preliminary determination of this investigation until
June 13, 2022.\2\ For a complete description of events that followed
the initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ A list of topics discussed in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\1\ See Sodium Nitrite from India and the Russian Federation:
Initiation of Countervailing Duty Investigations, 87 FR 7108
(February 8, 2022) (Initiation Notice).
\2\ See Sodium Nitrite from India: Postponement of Preliminary
Determination in the Countervailing Duty Investigation, 87 FR 15373
(March 18, 2022).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Countervailing Duty Investigation
of Sodium Nitrite from India,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is sodium nitrite from
India. For a complete description of the scope of the investigation,
see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage, (i.e., scope).\5\ No interested
party commented on the scope of the investigation as it appeared in the
Initiation Notice.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice, 87 FR at 7109.
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[[Page 36825]]
Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found to be
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\6\
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\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Commerce notes that, in making these findings, it relied, in part,
on facts available and, because it finds that the Government of India
did not act to the best of its ability to respond to Commerce's
requests for information, it drew an adverse inference where
appropriate in selecting from among the facts otherwise available.\7\
For further information, see the ``Use of Facts Otherwise Available and
Adverse Inferences'' section in the Preliminary Decision Memorandum.
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\7\ See sections 776(a) and (b) of the Act.
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Alignment
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is
aligning the final CVD determination in this investigation with the
final determination in the companion antidumping duty investigation of
sodium nitrite from India based on a request made by the petitioner.\8\
Consequently, the final CVD determination will be issued on the same
date as the final AD determination, which is currently scheduled to be
issued no later than October 25, 2022, unless postponed.
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\8\ The petitioner is Chemtrade Chemicals US LLC. See
Petitioner's Letter, ``Sodium Nitrite from India: Request to Align
Final Countervailing Duty Determination with Companion Antidumping
Duty Final Determination,'' dated May 27, 2022.
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All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be
an amount equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
zero and de minimis rates and any rates based entirely under section
776 of the Act.
Commerce calculated an individual estimated countervailable subsidy
rate for Deepak Nitrite Limited (Deepak), the only individually
examined exporter/producer in this investigation. Because the only
individually calculated rate is not zero, de minimis, or based entirely
on facts otherwise available, the estimated weighted-average rate
calculated for Deepak is the rate assigned to all other producers and
exporters, pursuant to section 735(c)(5)(A)(i) of the Act.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
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\9\ Deepak Nitrite Limited includes Deepak Nitrite Limited
Nandesari Division.
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Subsidy rate
Company (percent ad
valorem)
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Deepak Nitrite Limited \9\.............................. 12.88
All Others.............................................. 12.88
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Suspension of Liquidation
In accordance with section 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after the date of the publication of
this notice in the Federal Register. Further, pursuant to 19 CFR
351.205(d), Commerce will instruct CBP to require a cash deposit equal
to the rates indicated above.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the date of this notice in accordance
with 19 CFR 351.244(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final
determination.\10\
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\10\ See Commerce's Letter, ``Countervailing Duty Investigation
of Sodium Nitrite from India: Verification Preparedness
Questionnaire,'' dated June 6, 2022.
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Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the deadline for the verification questionnaire response in
this investigation. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than seven days after the deadline
for case briefs.\11\ Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information, until further notice.\12\ Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal
briefs in this investigation are encouraged to submit with each
argument: (1) a statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
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\11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\12\ 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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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its determination. If
the final determination is affirmative, the ITC will determine before
the later of 120 days after the date of this preliminary determination
or 45 days after the final determination whether imports of sodium
nitrite from India are materially injuring, or threaten material injury
to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act, and 19 CFR 351.205(c).
[[Page 36826]]
Dated: June 13, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The product covered by this investigation is sodium nitrite in
any form, at any purity level. In addition, the sodium nitrite
covered by this investigation may or may not contain an anticaking
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
NaNO2, 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 this
investigation, the narrative description is dispositive, not the
tariff heading, CAS registry number or CAS name, which are provided
for convenience and customs purposes.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Subsidies Valuation
V. Use of Facts Otherwise Available and Adverse Inferences
VI. Benchmarks and Interest Rates
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2022-13184 Filed 6-17-22; 8:45 am]
BILLING CODE 3510-DS-P
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