Notice2022-18054
Sodium Nitrite From the Russian Federation: Countervailing Duty Order
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
August 22, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing the countervailing duty order on sodium nitrite from the Russian Federation (Russia).
Full Text
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<title>Federal Register, Volume 87 Issue 161 (Monday, August 22, 2022)</title>
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[Federal Register Volume 87, Number 161 (Monday, August 22, 2022)]
[Notices]
[Pages 51341-51343]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18054]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-821-837]
Sodium Nitrite From the Russian Federation: Countervailing Duty
Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing the countervailing duty order on
sodium nitrite from the Russian Federation (Russia).
DATES: Applicable August 22, 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
In accordance with section 705(d) of the Tariff Act of 1930, as
amended (the Act), on June 28, 2022, Commerce published its affirmative
final determination in the countervailing duty investigation of sodium
nitrite from Russia.\1\ On August 15, 2022, the ITC notified Commerce
of its affirmative final determination that an industry in the United
States is materially injured within the meaning of section
705(b)(1)(A)(i) of the Act by reason of subsidized imports of subject
merchandise from Russia.\2\
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\1\ See Sodium Nitrite from the Russian Federation: Final
Affirmative Duty Determination, 87 FR 38375 (June 28, 2022).
\2\ See ITC'S Letter, ``Notification of ITC Final
Determination,'' dated August 15, 2022.
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Scope of the Order
The product covered by this order is sodium nitrite from Russia.
For a
[[Page 51342]]
complete description of the scope of the order, see the appendix to
this notice.
Countervailing Duty Order
As noted above, on August 15, 2022, in accordance with section
705(d) of the Act, the ITC notified Commerce of its final determination
in this investigation, in which it found that an industry in the United
States is materially injured by reason of subsidized imports of sodium
nitrite from Russia.\3\ Therefore, in accordance with section 705(c)(2)
of the Act, Commerce is issuing this countervailing duty order. Because
the ITC determined that imports of sodium nitrite from Russia are
materially injuring a U.S. industry, unliquidated entries of such
merchandise from Russia, entered or withdrawn from warehouse for
consumption, are subject to the assessment of countervailing duties.
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\3\ Id.
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In accordance with section 706(a) of the Act, Commerce will direct
U.S. Customs and Border Protection (CBP) to assess, upon further
instruction by Commerce, countervailing duties for all relevant entries
of sodium nitrite from Russia. With the exception of entries occurring
after the expiration of the provisional measures period and before the
publication of the ITC's final affirmative injury determination, as
further described below, countervailing duties will be assessed on
unliquidated entries of sodium nitrite from Russia entered, or
withdrawn from warehouse, for consumption on or after April 15, 2022,
the date of publication of the Preliminary Determination.\4\
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\4\ See Sodium Nitrite from the Russian Federation: Preliminary
Affirmative Countervailing Duty Determination, 87 FR 22504 (April
15, 2022).
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Suspension of Liquidation
In accordance with section 706 of the Act, Commerce will instruct
CBP to reinstitute the suspension of liquidation of sodium nitrite from
Russia, effective the date of publication of the ITC's final
affirmative injury determination in the Federal Register, and to
assess, upon further instruction by Commerce, pursuant to section
706(a)(1) of the Act, countervailing duties for each entry of the
subject merchandise in an amount based on the net countervailable
subsidy rates below. On or after the date of publication of the ITC's
final injury determination in the Federal Register, CBP must require,
at the same time as importers would normally deposit estimated customs
duties on this merchandise, a cash deposit equal to the rates listed in
the table below. The all-others rate applies to all producers or
exporters not specifically listed, as appropriate.
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Subsidy rate
Producer/exporter (percent)
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UralChem, JSC *......................................... 386.24
All Others.............................................. 386.24
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* Rate based on adverse facts available.
Provisional Measures
Section 703(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. In the underlying investigation,
Commerce published the Preliminary Determination on April 15, 2022.
Therefore, the four-month period beginning on the date of the
publication of the Preliminary Determination ended on August 12, 2022.
In accordance with section 703(d) of the Act, we instructed CBP to
terminate the suspension of liquidation and to liquidate, without
regard to countervailing duties, unliquidated entries of sodium nitrite
from Russia entered, or withdrawn from warehouse, for consumption after
August 12, 2022, the final day on which the provisional measures were
in effect, until and through the day preceding the date of publication
of the ITC's final injury determination in the Federal Register.
Suspension of liquidation and the collection of cash deposits will
resume on the date of publication of the ITC's final determination in
the Federal Register.
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the final rule titled
``Regulations to Improve Administration and Enforcement of Antidumping
and Countervailing Duty Laws'' in the Federal Register.\5\ On September
27, 2021, Commerce also published the notice titled ``Scope Ruling
Application; Annual Inquiry Service List; and Informational Sessions''
in the Federal Register.\6\ The Final Rule and Procedural Guidance
provide that Commerce will maintain an annual inquiry service list for
each order or suspended investigation, and any interested party
submitting a scope ruling application or request for circumvention
inquiry shall serve a copy of the application or request on the persons
on the annual inquiry service list for that order, as well as any
companion order covering the same merchandise from the same country of
origin.\7\
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\5\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\6\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\7\ Id.
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at <a href="https://access.trade.gov">https://access.trade.gov</a>, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \8\
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\8\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field, which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance, the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at <a href="https://access.trade.gov">https://access.trade.gov</a>.
[[Page 51343]]
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \9\ Accordingly, as stated
above, the petitioner and the Government of Russia should submit their
initial entry of appearance after publication of this notice in order
to appear in the first annual inquiry service list. Pursuant to 19 CFR
351.225(n)(3), the petitioner and the Government of Russia will not
need to resubmit their entries of appearance each year to continue to
be included on the annual inquiry service list. However, the petitioner
and the Government of Russia are responsible for making amendments to
their entries of appearance during the annual update to the annual
inquiry service list in accordance with the procedures described above.
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\9\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the countervailing duty order with respect
to sodium nitrite from Russia, pursuant to section 706(a) of the Act.
Interested parties can find a list of countervailing duty orders
currently in effect at <a href="https://enforcement.trade.gov/stats/iastats1.html">https://enforcement.trade.gov/stats/iastats1.html</a>.
This countervailing order is issued and published in accordance
with section 706(a) of the Act and 19 CFR 351.211(b).
Dated: August 15, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Order
The merchandise covered by this order 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 7632-00-0. For purposes of the scope of
this order, 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. 2022-18054 Filed 8-19-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 22, 2022.
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