Notice2022-24021
Sodium Nitrite From the Russian Federation: Antidumping 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
November 3, 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 an antidumping duty order on sodium nitrite from the Russian Federation.
Full Text
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<title>Federal Register, Volume 87 Issue 212 (Thursday, November 3, 2022)</title>
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[Federal Register Volume 87, Number 212 (Thursday, November 3, 2022)]
[Notices]
[Pages 66260-66262]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24021]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-836]
Sodium Nitrite From the Russian Federation: Antidumping Duty
Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 66261]]
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 an antidumping duty order on
sodium nitrite from the Russian Federation.
DATES: Applicable November 3, 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
On September 12, 2022, Commerce published in the Federal Register
its affirmative final determination in the less-than-fair-value (LTFV)
investigation of sodium nitrite from the Russian Federation
(Russia).\1\ Pursuant to section 735(d) of the Tariff Act of 1930, as
amended (the Act), on October 27, 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
735(b)(1)(A)(i) of the Act, by reason of imports of sodium nitrite from
Russia that are sold in the United States at LTFV.\2\
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\1\ See Sodium Nitrite from the Russian Federation: Final
Affirmative Determination of Sales at Less Than Fair Value, 87 FR
55781 (September 12, 2022) (Final Determination).
\2\ See ITC's Letter, Investigation No. 731-TA-1586 (Final),
dated October 27, 2022.
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Scope of the Order
The product covered by this order is sodium nitrite from Russia.
For a complete description of the scope of this order, see the appendix
to this notice.
Antidumping Duty Order
Based on the above-referenced affirmative final determinations, in
accordance with sections 735(c)(2) and 736 of the Act, Commerce is
issuing this antidumping duty order. Moreover, because the ITC
determined that U.S. 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, as described below, are subject to the assessment of
antidumping duties.
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price or constructed export price of the merchandise, for all
relevant entries of sodium nitrite from Russia. With the exception of
entries occurring after expiration of the provisional measures period,
but before publication of the ITC's final affirmative injury
determination, as further described below, antidumping duties will be
assessed on unliquidated U.S. entries of sodium nitrite from Russia
entered, or withdrawn from warehouse, for consumption on or after June
28, 2022, the date of publication of the Preliminary Determination in
this investigation in the Federal Register.\3\
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\3\ See Sodium Nitrite from the Russian Federation: Preliminary
Affirmative Determination of Sales at Less Than Fair Value, 87 FR
38377 (June 28, 2022) (Preliminary Determination).
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Continuation of Suspension of Liquidation
Except as noted in the ``Provisional Measures'' section of this
notice below, in accordance with section 736 of the Act, Commerce will
instruct CBP to continue to suspend liquidation of all relevant entries
of sodium nitrite from Russia. These instructions suspending
liquidation will remain in effect until further notice.
Commerce will also instruct CBP to require cash deposits equal to
the estimated weighted-average dumping margins listed in the table
below, adjusted by the export subsidy offset. Accordingly, effective on
the date of publication in the Federal Register of the notice of the
ITC's affirmative final injury determination, CBP will require, at the
same time as importers would normally deposit estimated duties on
subject merchandise, a cash deposit equal to the estimated weighted-
average dumping margins listed in the table below, adjusted by the
export subsidy offset. The all-others rate applies to all producers or
exporters not specifically listed.
Provisional Measures
Section 733(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, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
Commerce published the Preliminary Determination in this
investigation on June 28, 2022. Commerce did not extend the deadline
for issuing its final determination in this investigation, which it
published in the Federal Register on September 12, 2022. Therefore, the
four-month period beginning on the date of publication of the
Preliminary Determination ended on October 25, 2022.
Consequently, in accordance with section 733(d) of the Act,
Commerce will instruct CBP to terminate the suspension of liquidation,
and to liquidate, without regard to antidumping duties, unliquidated
U.S. entries of sodium nitrite from Russia entered, or withdrawn from
warehouse, for consumption after October 25, 2022, the final day on
which the provisional measures were in effect, through the day
preceding the date of publication of the ITC's affirmative 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 affirmative final injury determination in the Federal
Register.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
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\4\ In the final determination in the companion countervailing
duty (CVD) investigation, Commerce applied the adverse facts
available 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 estimated weighted-average dumping margin of
207.17 percent to derive the 25.73 percent cash deposit rate. See
Sodium Nitrite from the Russian Federation: Final Affirmative
Countervailing Duty Determination, 87 FR 38375 (June 28, 2022).
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Estimated weighted- Cash deposit rate
Exporter/producer average dumping adjusted for subsidy
margin (percent) offset (percent) \4\
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Uralchem, JSC............... 207.17 25.73
All Others.................. 207.17 25.73
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[[Page 66262]]
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published a notice titled
``Regulations to Improve Administration and Enforcement of Antidumping
and Countervailing Duty Laws'' in the Federal Register.\5\ On September
27, 2021, Commerce published a 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 in the
annual inquiry service list segment in ACCESS for the order within 30
days after the date of publication of the order in the Federal
Register. 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 in the Federal Register.
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>.
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 petitioners and foreign governments should submit their
initial entry of appearance after publication of this notice in the
Federal Register in order to appear in the first annual inquiry service
list for those orders for which they qualify as an interested party.
Pursuant to 19 CFR 351.225(n)(3), the petitioners and foreign
governments will not need to resubmit their entries of appearance each
year to continue to be included on the annual inquiry service list.
However, the petitioners and foreign governments 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 52335.
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Notification to Interested Parties
This notice constitutes the antidumping duty order with respect to
sodium nitrite from Russia, pursuant to section 736(a) of the Act.
Interested parties can find a list of antidumping duty orders currently
in effect at <a href="https://enforcement.trade.gov/stats/iastats1.html">https://enforcement.trade.gov/stats/iastats1.html</a>.
This antidumping duty order is issued and published in accordance
with section 736(a) of the Act and 19 CFR 351.211(b).
Dated: October 31, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Order
The product covered by this order is sodium nitrite in any form,
at any purity level. In addition, the sodium nitrite covered by this
order 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. 2022-24021 Filed 11-2-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 3, 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.