Notice2022-13791
Sodium Nitrite From the Russian Federation: Preliminary Affirmative Determination of Sales at Less Than Fair Value
Primary source
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Published
June 28, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that sodium nitrite from the Russian Federation (Russia) is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is 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 123 (Tuesday, June 28, 2022)</title>
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[Federal Register Volume 87, Number 123 (Tuesday, June 28, 2022)]
[Notices]
[Pages 38377-38379]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13791]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-836]
Sodium Nitrite From the Russian Federation: Preliminary
Affirmative Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that sodium nitrite from the Russian Federation (Russia) is
being, or is likely to be, sold in the United States at less than fair
value (LTFV). The period of investigation (POI) is January 1, 2021,
through December 31, 2021. Interested parties are invited to comment on
this preliminary determination.
DATES: Applicable June 28, 2022.
FOR FURTHER INFORMATION CONTACT: Paola Aleman Ordaz, 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) 482-4031.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on February 8,
2022.\1\ For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\2\ 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="http://access.trade.gov/public/FRNoticesListLayout.aspx">http://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\1\ See Sodium Nitrite from India and the Russian Federation:
Initiation of Less-Than-Fair-Value Investigations, 87 FR 7122
(February 2, 2022) (Initiation Notice).
\2\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Sodium
Nitrite from the Russian Federation'' 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
Russia. For a full description of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\3\ in
the Initiation Notice, we set aside a period of time for parties to
raise issues regarding product coverage (i.e., scope).\4\ No interested
parties submitted comments on the scope of this investigation.
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\3\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\4\ See Initiation Notice.
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Methodology
Commerce is conducting this investigation in accordance with
section 733 of the Act. Pursuant to section 776(a) and (b) of the Act,
Commerce has preliminarily relied upon facts otherwise available, with
adverse inferences, to determine the estimated weighted-average dumping
margin for the sole mandatory respondent, i.e., Uralchem, JSC
(Uralchem). For a full description of the methodology underlying the
preliminary determination, see the Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act.
In the situation where no estimated weighted-average dumping
margins other than zero, de minimis, or those determined entirely under
section 776 of the Act have been established for individually examined
entities, in accordance with section 735(c)(5)(B) of the Act, Commerce
may use ``any reasonable method to establish the estimated all-others
rate for exporters and producers not individually investigated,
including averaging the estimated weighted average dumping margins
determined for the exporters and producers individually investigated.''
In this investigation, Commerce has preliminarily determined the
estimated weighted-average dumping margin for Uralchem entirely under
section 776 of the Act. Therefore, in the absence of a calculated
estimated weighted-average dumping margin on the record of this
investigation, we have preliminarily decided to assign the Petition
rate of 207.17 percent to all other producers and exporters, pursuant
to section 735(c)(5)(A) of the Act. For a full description of the
methodology underlying Commerce's analysis, see the Preliminary
Decision Memorandum.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
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Cash deposit
Estimated rate adjusted
Exporter/producer weighted-average for subsidy
dumping margin offset (percent)
(percent) \5\
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Uralchem, JSC...................... 207.17 25.73
All Others......................... 207.17 25.73
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Suspension of Liquidation
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\5\ In the preliminary determination of the companion CVD
proceeding, Commerce applied the AFA rate of 45.36 percent to each
of the following export subsidy programs: (1) Preferential Lending
by Sberbank to Restructure $3.99 Billion in Uralchem Debt; (2) State
Financing for Industrial Export Projects; (3) Russian Export Center
(REC) Lending; and (4) State Specialized Russian Export-Import Bank
(Eximbank) Financing. We subtracted 181.44 percent, the sum of the
export subsidy rates, from the dumping margin of 207.17 percent.
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In accordance with section 733(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 Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows:
(1) The cash deposit rate for the respondents listed above will be
equal to the company-specific estimated weighted-average dumping
margins determined in this preliminary determination; (2) if the
exporter is not a respondent identified above, but the producer is,
then the cash deposit rate will be equal to the company-specific
estimated weighted-average dumping margin established for that producer
of the subject merchandise; and (3) the cash deposit rate for all other
producers and exporters will be equal to the all-others estimated
weighted-average dumping margin. Commerce normally adjusts cash
deposits for estimated antidumping duties by the amount of export
subsidies countervailed in a companion countervailing duty (CVD)
proceeding, when CVD provisional measures are in effect. Accordingly,
where Commerce preliminarily made an affirmative determination for
countervailable export subsidies, Commerce has offset the estimated
weighted-average dumping margin by the appropriate CVD rate. Any such
adjusted cash deposit rate may be found in the ``Preliminary
Determination'' section above.
Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, Commerce will direct CBP to begin collecting estimated
antidumping duty cash deposits unadjusted for countervailed export
subsidies at the time that the provisional CVD measures expire.
These suspension of liquidation instructions will remain in effect
until further notice.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a preliminary 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
preliminary determination in the Federal Register, in accordance with
19 CFR 351.224(b). However, because Commerce preliminarily applied
adverse facts available (AFA) to the individually examined company,
Uralchem, in this investigation, in accordance with section 776 of the
Act, and applied an AFA rate, which is based solely on the Petition,
there are no calculations to disclose.
Verification
Because the sole mandatory respondent in this investigation did not
provide any of the information requested by Commerce, and Commerce
preliminarily determines that the respondent failed to cooperate by not
acting to the best of its ability to respond to Commerce's request for
information, pursuant to section 776(b) of the Act, we will not conduct
verification.
Public Comment
Case briefs or other written comments on all issues may be
submitted to the Assistant Secretary for Enforcement and Compliance no
later than 21 days after the date of publication of the preliminarily
determination.\6\ Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than seven days after the deadline
date for case briefs.\7\ Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information, until further notice.\8\ 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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\6\ See 19 CFR 351.309(c)(1)(i); and 19 CFR 351.303 (for general
filling requirements). Commerce has exercised its discretion under
19 CFR 351.309(c)(1)(i) to alter the time limit for submission of
case briefs.
\7\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\8\ 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 for a hearing
should contain: (1) the requesting party's name, address, and telephone
number; (2) the number of individuals from the requesting party that
will attend the hearing, including, whether any individuals are foreign
nationals; and (3) a list of the issues the party intends to discuss at
the hearing. Issues raised in the hearing will be limited to those
raised in the case and rebuttal briefs. If a hearing is requested,
Commerce will notify interested parties of the hearing date and time.
Parties should confirm by telephone the date and time of the hearing
two days before the scheduled hearing date.
International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its preliminary
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 these imports materially injure, or threaten material injury
to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
Dated: June 22, 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 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
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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 Sections in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Application of Facts Available and Use of Adverse Inference
V. Recommendation
[FR Doc. 2022-13791 Filed 6-27-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 28, 2022.
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