Notice2023-03934
Sodium Nitrite From India: Antidumping Duty and Countervailing Duty Orders
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
February 27, 2023
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 antidumping duty (AD) and countervailing duty (CVD) orders on sodium nitrite from India.
Full Text
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<title>Federal Register, Volume 88 Issue 38 (Monday, February 27, 2023)</title>
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[Federal Register Volume 88, Number 38 (Monday, February 27, 2023)]
[Notices]
[Pages 12313-12316]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03934]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-906, C-533-907]
Sodium Nitrite From India: Antidumping Duty and Countervailing
Duty Orders
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 antidumping duty (AD) and
countervailing duty (CVD) orders on sodium nitrite from India.
DATES: Applicable February 27, 2023.
FOR FURTHER INFORMATION CONTACT: Thomas Martin or Joy Zhang, AD/CVD
Operations, Offices III and IV, Enforcement and Compliance, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-3936 and (202) 482-1168, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d) and 735(d) of the Tariff Act of
1930, as amended (the Act), on January 6, 2023, Commerce published its
affirmative final determination of sales at less than fair value (LTFV)
and its affirmative final determination that countervailable subsidies
are being provided to producers and exporters of sodium nitrite from
India.\1\
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\1\ See Sodium Nitrite from India: Final Affirmative
Determination of Sales at Less Than Fair Value, 88 FR 1052 (January
6, 2023); see also Sodium Nitrite from India: Final Affirmative
Countervailing Duty Determination, 88 FR 1042 (January 6, 2023).
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On February 21, 2023, pursuant to sections 705(d) and 735(d) of the
Act, the ITC notified Commerce of its final affirmative determinations
that an industry in the United States is materially injured by reason
of LTFV imports and subsidized imports of sodium nitrite from India,
within the meaning of sections 705(b)(1)(A)(i) and 735(b)(1)(A)(i) of
the Act.\2\
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\2\ See ITC's Letter, ``Notification of ITC Final
Determinations,'' dated February 21, 2023 (ITC Notification Letter).
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Scope of the Orders
The products covered by these orders are sodium nitrite from India.
For a full description of the scope of the orders, see the appendix to
this notice.
AD Order
Based on the above-referenced affirmative final determinations by
the
[[Page 12314]]
ITC 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 LTFV
imports of sodium nitrite from India \3\ 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 imports of sodium
nitrite from India are materially injuring a U.S. industry,
unliquidated entries of such merchandise from India, entered or
withdrawn from warehouse for consumption, are subject to the assessment
of antidumping duties.
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\3\ Id.
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Therefore, in accordance with section 736(a)(1) of the Act,
Commerce intends to 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 India. Antidumping duties will
be assessed on unliquidated entries of sodium nitrite from India
entered, or withdrawn from warehouse, for consumption on or after
August 17, 2022, the date of publication of the AD Preliminary
Determination,\4\ but will not include entries occurring after the
expiration of the provisional measures period and before publication of
the ITC's final injury determination, as further described below.
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\4\ 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) (AD Preliminary Determination).
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Continuation of Suspension of Liquidation--AD
Except as noted in the ``Provisional Measures--AD'' section of this
notice, in accordance with section 736 of the Act, Commerce intends to
instruct CBP to continue to suspend liquidation on all relevant entries
of sodium nitrite from India. These instructions suspending liquidation
will remain in effect until further notice.
Commerce also intends to instruct CBP to require cash deposits
equal to the estimated weighted-average dumping margins indicated in
the table below, adjusted by the relevant subsidy offsets. Accordingly,
effective on the date of publication in the Federal Register of the
notice of the ITC's final affirmative injury determination, CBP must
require, at the same time as importers would normally deposit estimated
customs duties on subject merchandise, a cash deposit equal to the
rates listed in the table below.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Estimated
weighted- Cash deposit rate
average (adjusted for
Exporter/producer dumping subsidy
margin offset(s))
(percent) (percent)
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Deepak Nitrite Limited................... 44.82 42.76
All Others............................... 44.82 42.76
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Provisional Measures--AD
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.
At the request of exporters that account for a significant proportion
of sodium nitrite from India, Commerce extended the four-month period
to six months in this AD investigation. Commerce published the AD
Preliminary Determination on August 17, 2022.\5\ Therefore, the
extended provisional measures period, beginning on the date of
publication of the AD Preliminary Determination, ended on February 12,
2023. Pursuant to section 737(b) of the Act, the collection of cash
deposits at the rates listed above will begin on the date of
publication of the ITC's final injury determination. Therefore, in
accordance with section 736(a)(1) of the Act and our practice, we will
instruct CBP to terminate the suspension of liquidation and to
liquidate, without regard to antidumping duties, unliquidated entries
of sodium nitrite from India, entered, or withdrawn from warehouse, for
consumption on or after February 13, 2023, the first day provisional
measures were no longer in effect, until and through the day preceding
the date of publication of the ITC's final injury determination in the
Federal Register.
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\5\ Id.
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CVD Order
As stated above, based on the above-referenced affirmative final
determinations by the ITC 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 sodium nitrite from India,\6\ in
accordance with section 705(c)(2) of the Act, Commerce is issuing this
CVD order. Moreover, because the ITC determined that imports of sodium
nitrite from India are materially injuring a U.S. industry,
unliquidated entries of subject merchandise from India entered, or
withdrawn from warehouse, for consumption, are subject to the
assessment of countervailing duties.
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\6\ See ITC Notification Letter.
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Therefore, in accordance with section 706(a) of the Act, Commerce
intends to direct CBP to assess, upon further instruction by Commerce,
countervailing duties for all relevant entries of sodium nitrite from
India, which are entered, or withdrawn from warehouse, for consumption
on or after June 21, 2022, the date of publication of the CVD
Preliminary Determination, but will not include entries occurring after
the expiration of the provisional measures period and before the
publication of the ITC's final injury determination under section
705(b) of the Act, as further described in the ``Provisional Measures--
CVD'' section of this notice.\7\
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\7\ See Sodium Nitrite from India: Preliminary Affirmative
Countervailing Duty Determination and Alignment of Final
Determination With the Final Antidumping Duty Determination, 87 FR
36824 (June 21, 2022) (CVD Preliminary Determination).
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Suspension of Liquidation and Cash Deposits--CVD
Therefore, in accordance with section 706 of the Act, Commerce
intends to instruct CBP to reinstitute the suspension of liquidation of
sodium nitrite from India, effective on the date of publication of the
ITC's final affirmative injury determination in the
[[Page 12315]]
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 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. These
instructions suspending liquidation will remain in effect until further
notice. The all-others rate applies to all producers or exporters not
specifically listed below, as appropriate:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
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Deepak Nitrite Limited.................................. 2.40
All Others.............................................. 2.40
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Provisional Measures--CVD
Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. Commerce published the CVD
Preliminary Determination on June 21, 2022.\8\ As such, the four-month
period beginning on the date of the publication of the CVD Preliminary
Determination ended on October 18, 2022.
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\8\ Id.
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Therefore, 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 India entered, or withdrawn from
warehouse, for consumption, on or after October 19, 2022, the date on
which the provisional measures expired, until and through the day
preceding the date of publication of the ITC's final injury
determination in the Federal Register. Suspension of liquidation 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.\9\ On September
27, 2021, Commerce also published the notice titled ``Scope Ruling
Application; Annual Inquiry Service List; and Informational Sessions''
in the Federal Register.\10\ 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.\11\
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\9\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\10\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\11\ 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.'' \12\
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\12\ 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,\13\ 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.
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\13\ See Procedural Guidance.
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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.'' \14\ Accordingly, as stated
above, the petitioner and Government of India should submit their
initial entries of appearance after publication of this notice in order
to appear in the first annual inquiry service lists for these orders.
Pursuant to 19 CFR 351.225(n)(3), the petitioner and the Government of
India 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 India 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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\14\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the AD and CVD orders with respect to
sodium nitrite from India pursuant to sections 706(a) and 736(a) of the
Act. Interested parties can find a list of orders currently in effect
at <a href="https://enforcement.trade.gov/stats/iastats1.html">https://enforcement.trade.gov/stats/iastats1.html</a>.
These orders are published in accordance with sections 706(a) and
736(a) of the Act and 19 CFR 351.211(b).
Dated: February 21, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Orders
The product covered by these orders is sodium nitrite in any
form, at any purity level. In addition, the sodium nitrite covered
by these orders may or may not contain an
[[Page 12316]]
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 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 these orders, 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. 2023-03934 Filed 2-24-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 27, 2023.
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