Notice2023-00072
Sodium Nitrite From India: Final Affirmative Determination of Sales at Less Than Fair Value
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
January 6, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that sodium nitrite from India is being, or is likely to be, sold in the United States at less than fair value (LTFV).
Full Text
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<title>Federal Register, Volume 88 Issue 4 (Friday, January 6, 2023)</title>
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[Federal Register Volume 88, Number 4 (Friday, January 6, 2023)]
[Notices]
[Pages 1052-1053]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00072]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-906]
Sodium Nitrite From India: Final 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) determines that
sodium nitrite from India is being, or is likely to be, sold in the
United States at less than fair value (LTFV).
DATES: Applicable January 6, 2023.
FOR FURTHER INFORMATION CONTACT: Patrick Barton, or Joy Zhang, AD/CVD
Operations, Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0012 or (202) 482-1168,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 17, 2022, Commerce published in the Federal Register the
preliminary determination.\1\ We invited interested parties to comment
on the Preliminary Determination. We received comments on the
Preliminary Determination from Deepak Nitrite Limited (Deepak) and
Chemtrade Chemical US LLC (the petitioner) on November 14 and 15,
respectively.\2\ On November 21, 2022, the petitioner submitted a
rebuttal brief.\3\
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\1\ See Sodium Nitrite from India: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional Measures, 87 FR
50604 (August 17, 2022) (Preliminary Determination).
\2\ See Deepak's Letter, ``Case Brief,'' dated November 14,
2022; see also Petitioner's Letter, ``Case Brief of Chemtrade
Chemical US LLC,'' dated November 15, 2022.
\3\ See Petitioner's Letter, ``Rebuttal Brief of Chemtrade
Chemical US LLC,'' dated November 21, 2022.
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Period of Investigation
The period of investigation (POI) is January 1, 2021, through
December 31, 2021.
Scope of the Investigation
The product covered by this investigation is sodium nitrite from
India. For a complete description of the scope of this investigation,
see Appendix I.
Analysis of Comments Received
The issues raised in comments that were submitted by parties in
this investigation are addressed in the Issues and Decision
Memorandum.\4\ A list of the issues addressed in the Issues and
Decision Memorandum is attached to this notice at Appendix II. The
Issues and 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 Issues and 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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\4\ See Memorandum, ``Decision Memorandum for the Final
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Sodium Nitrite from India,'' dated concurrently with this notice.
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Changes Since the Preliminary Determination
Based on the analysis of comments received, we made some changes
for the final determination.\5\
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\5\ Id. at 2-3.
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All-Others Rate
As discussed in the Preliminary Determination, Commerce based the
all-others rate on the weighted average dumping margin calculated for
Deepak, the only individually examined exporter/producer in this
investigation, pursuant to section 735(c)(5)(A) of the Tariff Act of
1930, as amended (the Act).
Final Determination
The final estimated weighted-average dumping margins are as
follows:
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\6\ See Memorandum, ``Final Determination Analysis Memorandum
for Deepak Nitrite Limited,'' dated concurrently with this notice.
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Cash deposit rate
Estimated (adjusted for
Exporter/producer weighted-average subsidy
dumping margin offset(s))
(percent) (percent) \6\
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Deepak Nitrite Limited............ 44.82 42.76
All Others........................ 44.82 42.76
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Disclosure
We intend to disclose to interested parties the calculations and
analysis performed in this final determination within five days of
public announcement or, if there is no public announcement, within five
days of the date of publication of this notice in the Federal Register,
in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to continue to suspend
liquidation of entries of subject merchandise, as described in Appendix
I of this notice, entered, or withdrawn from warehouse, for consumption
on or after August 17, 2022, the date of publication of the affirmative
Preliminary Determination in the Federal Register. These suspension of
liquidation instructions will remain in effect until further notice.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.205(d), upon publication of this notice, we 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 Deepak is the company-specific estimated weighted-
average dumping margins determined in this final determination; (2) if
the exporter is not a company 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.
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
U.S. International Trade Commission (ITC) of
[[Page 1053]]
the final determination of sales at LTFV. Because Commerce's final
determination is affirmative, in accordance with section 735(b)(2) 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 or sales (or the
likelihood of sales) for importation of sodium nitrite no later than 45
days after this final determination. If the ITC determines that such
injury does not exist, this proceeding will be terminated, and all cash
deposits posted will be refunded and suspension of liquidation will be
lifted. If the ITC determines that such injury does exist, Commerce
will issue an antidumping duty order directing CBP to assess, upon
further instruction by Commerce, antidumping duties on all imports of
the subject merchandise 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
This notice will serve as a final reminder to the parties subject
to an administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
Dated: December 30, 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 Issues and Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Discussion of the Issues
Comment 1: Whether Commerce Should Continue to Find that the
Invoice Date is the Appropriate Date of Sale in Both the Home Market
and U.S. Market
Comment 2: Whether Certain of Deepak's U.S. Brokerage and Duty
Expenses Are Supported by the Record
Comment 3: Whether Purge Liquor Should Be Treated as Co-Product
of Sodium Nitrite
Comment 4: The All-Others Rate Calculation
V. Recommendation
[FR Doc. 2023-00072 Filed 1-5-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 6, 2023.
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