Notice2025-10151
Sodium Nitrite From India: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2022-2024
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
June 4, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty order on sodium nitrite from India. The period of review (POR) is August 17, 2022, through January 31, 2024. Commerce preliminarily determines that Deepak Nitrite Limited (Deepak) did not make sales of subject merchandise at less than normal value during the POR. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 90 Issue 106 (Wednesday, June 4, 2025)</title>
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[Federal Register Volume 90, Number 106 (Wednesday, June 4, 2025)]
[Notices]
[Pages 23673-23675]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-10151]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-906]
Sodium Nitrite From India: Preliminary Results and Partial
Rescission of Antidumping Duty Administrative Review; 2022-2024
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty order on sodium nitrite
from India. The period of review (POR) is August 17, 2022, through
January 31, 2024. Commerce preliminarily determines that Deepak Nitrite
Limited (Deepak) did not make sales of subject merchandise at less than
normal value during the POR. We invite interested parties to comment on
these preliminary results.
DATES: Applicable June 4, 2025.
FOR FURTHER INFORMATION CONTACT: 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) 482-1168.
SUPPLEMENTARY INFORMATION:
Background
On February 27, 2023, Commerce published in the Federal Register
the antidumping duty order on sodium nitrite from India.\1\ On April 9,
2024, based on timely requests for administrative reviews, Commerce
initiated an administrative review covering two companies--Deepak and
Kutch Chemical Industries Ltd. (Kutch Chemical).\2\ On July 22, 2024,
Commerce tolled administrative deadlines in this proceeding by seven
days.\3\ On October 7, 2024, we extended the deadline for the
preliminary results to March 7, 2025.\4\ On December 9, 2024, Commerce
tolled administrative deadlines in this proceeding by an additional 90
days.\5\ For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
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\1\ See Sodium Nitrite from India: Antidumping Duty and
Countervailing Duty Orders, 88 FR 12313 (February 27, 2023) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 24780 (April 9, 2024) (Initiation
Notice).
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\4\ See Memorandum, ``Extension of Deadline for the Preliminary
Results of Antidumping Duty Administrative Review,'' dated October
7, 2024.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\6\ See ``Decision Memorandum for the Preliminary Results of the
Administrative Review of the Antidumping Duty Order on Sodium
Nitrite from India; 2022-2024,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order
The product covered by this Order is sodium nitrite from India. For
a full description of the scope, see the Preliminary Decision
Memorandum.\7\
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\7\ Id. at 2-4.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a
full description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum. A list of the topics discussed in the
Preliminary Decision Memorandum is included as an appendix to this
notice. The Preliminary Decision Memorandum is a public document and is
made available to the public 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="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. On May 9, 2024, Prochimie
International, Inc. timely withdrew its request for a review of Kutch
Chemical.\8\ No other parties requested an administrative review of
Kutch Chemical. On May 10, 2024, Commerce notified interested parties
of its intent to rescind the review with respect to Kutch Chemical,\9\
and no parties commented on this intent to rescind the review.
Therefore, in accordance with 19 CFR 351.213(d)(1), Commerce is
rescinding this administrative review with respect to Kutch Chemical.
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\8\ See Prochimie International Inc.'s Letter, ``Kutch Chemical
Industries Ltd Withdrawal of Request for Administrative Review (POR
8/17/22-1/31/24),'' dated May 9, 2024.
\9\ See Memorandum, ``Notice of Intent To Rescind Review, in
Part,'' dated May 10, 2024.
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Preliminary Results of Review
We preliminarily determine that the following estimated weighted-
average dumping margin exists for the period August 17, 2022 through
January 31, 2024:
[[Page 23674]]
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Deepak Nitrite Limited..................................... 0.00
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Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in these preliminary results within
five days of any 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).
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR
351.309(c)(1)(ii), we have modified the deadline for interested parties
to submit case briefs to Commerce to no later than 21 days after the
date of the publication of this notice.\10\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed not later than five days
after the date for filing case briefs.\11\ Parties who submit case
briefs or rebuttal briefs in this proceeding are encouraged to submit
with each argument: (1) a statement of the issue; and (2) a brief
summary of the argument; and (3) a table of authorities.\12\ All briefs
must be filed electronically using ACCESS. An electronically filed
document must be received successfully in its entirety in ACCESS by
5:00 p.m. Eastern Time on the established deadline.
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\10\ See 19 CFR 351.309.
\11\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this administrative review, we instead
request that interested parties provide at the beginning of their
briefs a public executive summary for each issue raised in their
briefs.\13\ Further, we request that interested parties limit their
executive summary of each issue to no more than 450 words, not
including citations. We intend to use the executive summaries as the
basis of the comment summaries included in the issues and decision
memorandum that will accompany the final results in this administrative
review. We request that interested parties include footnotes for
relevant citations in the executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\14\
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\13\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\14\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. An electronically filed document must be received successfully
in its entirety via ACCESS by 5:00 p.m. Eastern Time within 30 days
after the date of publication of this notice.\15\ Requests should
contain: (1) the party's name, address, and telephone number; (2) the
number of participants; and (3) a list of issues to be discussed.
Issues raised in the hearing will be limited to those raised in the
respective case briefs. Commerce intends to issue the final results of
this administrative review, including the results of its analysis of
the issues raised in any written briefs, not later than 120 days after
the date of publication of these preliminary results in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act, unless extended.
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\15\ See 19 CFR 351.310(c).
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Assessment Rate
Pursuant to section 751(a)(2)(A) of the Act, upon issuance of the
final results, Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries covered by this review.\16\ If a respondent's weighted-average
dumping margin is above de minimis in the final results of this review,
we will calculate an importer-specific assessment rate based on the
ratio of the total amount of dumping calculated for each importer's
examined sales and the total entered value of the sales in accordance
with 19 CFR 351.212(b)(1).\17\ Where the respondent did not report
entered value, we calculated a per-unit assessment rate for each
importer by dividing the total amount of dumping calculated for the
examined sales made to that importer by the total quantity associated
with those sales. To determine whether an importer-specific, per-unit
assessment rate is de minimis, in accordance with 19 CFR 351.106(c)(2),
we also calculated an importer-specific ad valorem ratio based on
estimated entered values. If a respondent's weighted-average dumping
margin or an importer-specific assessment rate is zero or de minimis in
the final results of review, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties in accordance
with the Final Modification for Reviews.\18\
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\16\ See 19 CFR 351.212(b).
\17\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for
Reviews).
\18\ See Final Modification for Reviews, 77 FR at 8103; see also
19 CFR 351.106(c)(2).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Deepal
for which it did not know that the merchandise was destined for the
United States, we will instruct CBP to liquidate such entries at the
all-others rate in the original less-than-fair-value (LTFV)
investigation (i.e., 42.76 percent) if there is no rate for the
intermediate company(ies) involved in the transaction.\19\
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\19\ See Order, 88 FR at 12314; see also Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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For Kutch Chemical for which this review is being rescinded,
antidumping duties shall be assessed on entries at rates equal to the
cash deposit of estimated antidumping duties required at the time of
entry, or withdrawal from warehouse, for consumption, in accordance
with 19 CFR 351.212(c)(1)(i). Commerce intends to issue assessment
instructions to CBP for Kutch Chemical no earlier than 35 days after
the date of publication of this notice in the Federal Register.
The final results of this administrative review shall be the basis
for the assessment of antidumping duties on entries of merchandise
covered by the final results of this review and for future deposits of
estimated duties, where applicable.\20\ We intend to issue assessment
instructions to CBP no earlier than 35 days after the date of
publication of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a
[[Page 23675]]
statutory injunction has expired (i.e., within 90 days of publication).
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\20\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements
The following cash deposit requirements for estimated antidumping
duties will be effective upon publication of the notice of final
results of this review for all shipments of sodium nitrite from India
entered, or withdrawn from warehouse, for consumption on or after the
date of publication as provided by section 751(a)(2)(C) of the Act: (1)
the cash deposit rate for companies subject to this review will be
equal to the dumping margin established in the final results of the
review; (2) for merchandise exported by companies not covered in this
review but covered in a prior segment of this proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recent period; (3) if the exporter is not a firm covered
in this review, a prior review, or the less-than-fair-value (LTFV)
investigation but the producer is, the cash deposit rate will be the
rate established for the most recently completed segment for the
producer of the merchandise; (4) the cash deposit rate for all other
producers or exporters will continue to be the 42.76 percent, the all-
others rate established in the LTFV investigation.\21\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\21\ See Order, 88 FR at 12314.
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this period of
review. Failure to comply with this requirement could result in
Commerce's presumption that reimbursement of antidumping and/or
countervailing duties occurred and the subsequent assessment of double
antidumping duties, and/or an increase in the amount of antidumping
duties by the amount of the countervailing duties.
Notification to Interested Parties
Commerce is issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.221(b)(4).
Dated: May 29, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2025-10151 Filed 6-3-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 4, 2025.
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