Notice2022-13772
Sodium Nitrite From the Russian Federation: Final Affirmative Countervailing Duty Determination
Primary source
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Published
June 28, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of sodium nitrite from the Russian Federation (Russia) during the period of investigation January 1, 2021, through December 31, 2021.
Full Text
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<title>Federal Register, Volume 87 Issue 123 (Tuesday, June 28, 2022)</title>
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[Federal Register Volume 87, Number 123 (Tuesday, June 28, 2022)]
[Notices]
[Pages 38375-38377]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13772]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-821-837]
Sodium Nitrite From the Russian Federation: Final Affirmative
Countervailing Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of sodium nitrite from the Russian Federation (Russia) during the
period of investigation January 1, 2021, through December 31, 2021.
DATES: Applicable June 28, 2022.
FOR FURTHER INFORMATION CONTACT: Melissa Porpotage, AD/CVD Operations,
Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1413.
SUPPLEMENTARY INFORMATION:
Background
The petitioner in this investigation is Chemtrade Chemicals US LLC.
In addition to the Government of Russia
[[Page 38376]]
(GOR), the mandatory respondent in this investigation is UralChem, JSC
(UralChem).
On April 15, 2022, Commerce published in the Federal Register the
Preliminary Determination of this investigation.\1\ We received no
comments or case briefs addressing any of the findings in the
Preliminary Determination; therefore, there is no unpublished Issues
and Decision Memorandum accompanying this notice.
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\1\ See Sodium Nitrite from the Russian Federation: Preliminary
Affirmative Countervailing Duty Determination, 87 FR 22504 (April
15, 2022) (Preliminary Determination), and accompanying Preliminary
Decision Memorandum (PDM).
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Period of Investigation
The period of investigation is January 1, 2021, through December
31, 2021.
Scope of the Investigation
The scope of this investigation covers sodium nitrite in any form,
at any purity level from Russia. For a complete description of the
scope of this investigation, see the appendix to this notice.
Analysis of Subsidy Programs--Adverse Facts Available (AFA)
For purposes of this final determination, we relied solely on facts
available pursuant to section 776 of the Tariff Act of 1930, as
amended, (the Act) because neither the GOR nor the selected mandatory
respondent, UralChem, participated in this investigation. Further,
because UralChem and the GOR did not cooperate to the best of their
abilities in responding to our requests for information in this
investigation, we drew adverse inferences in selecting from among the
facts otherwise available, in accordance with sections 776(a)-(b) of
the Act. Consistent with the Preliminary Determination,\2\ we continue
to apply AFA to determine the appropriate subsidy rates for this
investigation. No interested party submitted comments on the subsidy
rates selected in the Preliminary Determination. Thus, we made no
changes to the subsidy rates for the final determination. A detailed
discussion of our application of AFA is provided in the Preliminary
Determination.\3\
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\2\ See Preliminary Determination PDM at 3-11.
\3\ Id.
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All-Others Rate
As discussed in the Preliminary Determination, Commerce based the
selection of the all-others rate on the countervailable subsidy rate
established for the mandatory respondent, in accordance with section
705(c)(5)(A)(ii) of the Act.\4\ We made no changes to the selection of
the all-others rate for this final determination.
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\4\ See Preliminary Determination, 87 FR at 22504.
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Final Determination
Commerce determines that the following estimated countervailable
subsidy rates exist:
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Subsidy rate
Company (percent ad
valorem)
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UralChem, JSC........................................... 386.24
All Others.............................................. 386.24
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Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a final determination within five days of
any public announcement or, if there is no public announcement, within
five days of the date of publication of the notice of final
determination in the Federal Register, in accordance with 19 CFR
351.224(b). However, because there are no changes to the calculations
from the Preliminary Determination, no additional disclosure is
necessary.
Continuation of Suspension of Liquidation
In accordance with section 705(c)(4)(A) of the Act, Commerce
intends to instruct U.S. Customs and Border Protection (CBP) to
continue to suspend the liquidation of all appropriate entries of
subject merchandise, as described in the appendix of this notice,
entered, or withdrawn from warehouse, for consumption on or after April
15, 2022, which is the date of publication of the affirmative
Preliminary Determination in the Federal Register, at the cash deposit
rates indicated above. These suspension of liquidation instructions
will remain in effect until further notice.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we intend to issue a countervailing
duty order and continue to require a cash deposit of estimated
countervailing duties for such entries of subject merchandise in the
amounts indicated above, in accordance with section 706(a) of the Act.
If the ITC determines that material injury, or threat of material
injury, does not exist, this proceeding will be terminated, and all
estimated duties deposited as a result of the suspension of liquidation
will be refunded or canceled.
ITC Notification
In accordance with section 705(d) of the Act, we intend to notify
the ITC of our final affirmative determination that countervailable
subsidies are being provided to producers and exporters of sodium
nitrite from Russia. Because the final determination in this proceeding
is affirmative, in accordance with section 705(b) of the Act, the ITC
will make its final determination as to whether the domestic industry
in the United States is materially injured, or threatened with material
injury, by reason of imports of sodium nitrite from Russia no later
than 45 days after our final determination.
If the ITC determines that material injury or threat of material
injury does not exist, this proceeding will be terminated and all cash
deposits will be refunded or canceled, as Commerce determines to be
appropriate. If the ITC determines that such injury does exist,
Commerce intends to issue a countervailing duty order directing CBP to
assess, upon further instruction by Commerce, countervailing duties on
all imports of the subject merchandise that are entered, or withdrawn
from warehouse, for consumption on or after the effective date of the
suspension of liquidation, as discussed above in the ``Continuation of
Suspension of Liquidation'' section.
Administrative Protective Order (APO)
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to an APO of their responsibility concerning the destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a sanctionable violation.
Notification to Interested Parties
This determination is issued and published pursuant to sections
705(d) and 777(i) of the Act, and 19 CFR 351.210(c).
Dated: June 22, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
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 anti-caking
agent. Examples of names
[[Page 38377]]
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.
[FR Doc. 2022-13772 Filed 6-27-22; 8:45 am]
BILLING CODE 3510-DS-P
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