Notice2025-10637
Sodium Nitrite From India: Preliminary Results and Intent To Rescind, in Part, of Countervailing Duty Administrative Review; 2022-23
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 11, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of sodium nitrite from India. The period of review (POR) is June 21, 2022, through December 31, 2023. In addition, Commerce, intends to rescind this review with respect to three companies. Interested parties are invited to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 111 (Wednesday, June 11, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 111 (Wednesday, June 11, 2025)]
[Notices]
[Pages 24577-24579]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-10637]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-907]
Sodium Nitrite From India: Preliminary Results and Intent To
Rescind, in Part, of Countervailing Duty Administrative Review; 2022-23
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of sodium nitrite from India. The period of
review (POR) is June 21, 2022, through December 31, 2023. In addition,
Commerce, intends to rescind this review with respect to three
companies. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable June 11, 2025.
FOR FURTHER INFORMATION CONTACT: Joshua Jacobson, 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) 482-0266.
SUPPLEMENTARY INFORMATION:
Background
On February 27, 2023, Commerce published the countervailing duty
(CVD) order on sodium nitrite from India.\1\ On April 9, 2024, Commerce
published in the Federal Register a notice of initiation of an
administrative review of the Order.\2\ On July 22, 2024, Commerce
tolled certain deadlines in this administrative proceeding by seven
days.\3\ On October 28, 2024, Commerce extended the deadline for the
preliminary results until March 7, 2025.\4\ On December 9, 2024,
Commerce tolled certain deadlines in this administrative proceeding by
90 days.\5\ The current deadline for the preliminary results in this
administrative review is June 5, 2025.
---------------------------------------------------------------------------
\1\ See Sodium Nitrite From India: Antidumping Duty and
Countervailing Duty Orders, 88 FR 12313 (February 27, 2023) (Order).
\2\ See Initiation of Antidumping Duty and Countervailing Duty
Administrative Reviews, 89 FR 24780 (April 9, 2024).
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated
October 28, 2024.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
A list of topics included in the Preliminary Decision Memorandum is
included as an appendix to this notice. The Preliminary Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
[[Page 24578]]
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>.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Decision Memorandum for Preliminary
Results of the Administrative Review of the Countervailing Duty
Order on Sodium Nitrite from India; 2022-23,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this Order is sodium nitrite from India.
For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this CVD administrative review in accordance
with section 751(a)(l)(A) of the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs found countervailable, Commerce
preliminarily determines that there is a subsidy, i.e., a financial
contribution by an ``authority'' that gives rise to a benefit to the
recipient, and that the subsidy is specific.\7\ For a full description
of the methodology underlying our preliminary conclusions, including
our reliance, in part on adverse facts available pursuant to sections
776(a) and (b) of the Act, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\7\ See sections 771(5)(B) and (D) of the Act (regarding
financial contribution); section 771(5)(E) of the Act (regarding
benefit); and section 771(5A) of the Act (regarding specificity).
---------------------------------------------------------------------------
Intent To Rescind Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to
rescind an administrative review of a CVD order where it determines
that there were no suspended entries of subject merchandise during the
POR.\8\ Normally, upon completion of an administrative review, the
suspended entries are liquidated at the CVD assessment rate for the
review period. Therefore, for an administrative review to be conducted,
there must be a suspended entry that Commerce can instruct U.S. Customs
and Border Protection (CBP) to liquidate at the calculated
countervailing duty assessment rate for the review period.
---------------------------------------------------------------------------
\8\ See, e.g., Certain Hardwood Plywood Products from the
People's Republic of China: Preliminary Results of Countervailing
Duty Administrative Review and Rescission of Review, in Part; 2017-
2018,84 FR 54844, 54845 and n.8 (October 11, 2019) (citing
Lightweight Thermal Paper from the People's Republic of China:
Notice of Rescission of Countervailing Duty Administrative Review;
2015,82 FR 14349 (March 20, 2017)).
---------------------------------------------------------------------------
As discussed in greater detail in the Preliminary Decision
Memorandum, the POR entry totals reflected in the CBP data reflected no
POR entries of subject merchandise from: (1) Kutch Chemical Industries;
(2) Palvi Industries Limited; and (3) Lotus Global Pvt. Ltd.\9\ In the
absence of any suspended entries of subject merchandise from these
companies during the POR, Commerce hereby notifies all interested
parties of its intent to rescind this administrative review with
respect to these companies. Commerce is providing interested parties
with an opportunity to submit comments in their case briefs on this
intent to rescind.
---------------------------------------------------------------------------
\9\ See Memorandum, ``Release of Customs and Border Protection
Data,'' dated April 24, 2024.
---------------------------------------------------------------------------
Companies Not Selected for Individual Examination
There were five companies for which a review was requested, of
which four companies were not selected as mandatory respondents. Three
of these four companies did not have entries during the POR. See
``Intent to Rescind Administrative Review, in Part,'' above. The Act
and Commerce's regulations do not address the establishment of a rate
to apply companies not selected for individual examination when
Commerce limits its examination in an administrative review pursuant to
section 777A(e)(2) of the Act. However, Commerce normally determines
the rates for non-selected companies in reviews in a manner that is
consistent with section 705(c)(5) of the Act, which provides
instructions for calculating the all-others rate in an investigation.
Section 777A(e)(2) of the Act provides that ``the individual
countervailable subsidy rates determined under subparagraph (A) shall
be used to determine the all-others rate under section 705(c)(5) {of
the Act{time} .'' Section 705(c)(5)(A) states that for companies not
investigated, in general, we will determine an all-others rate by
weight averaging the countervailable subsidy rates established for each
of the companies individually investigated, excluding zero and de
minimis rates or any rates based solely on the facts available.
Commerce calculated an individual estimated countervailable subsidy
rate for Deepak Nitrite Limited (DNL), the only individually examined
exporter/producer in this administrative review. Because the only
individually calculated rate is not zero, de minimis, or based entirely
on facts otherwise available, the estimated weighted-average rate
calculated for DNL is the rate assigned to all other producers and
exporters, pursuant to section 735(c)(5)(A)(i) of the Act.
Preliminary Results of Review
As a result of this review, we preliminarily determine that, for
2022 and 2023, the following estimated countervailable subsidy rates
exist:
---------------------------------------------------------------------------
\10\ Deepak Nitrite Limited includes Deepak Nitrite Limited
Nandesari Division.
----------------------------------------------------------------------------------------------------------------
Subsidy rate for 2022 Subsidy rate for 2023
Company (percent ad valorem) (percent ad valorem)
----------------------------------------------------------------------------------------------------------------
Deepak Nitrite Limited \10\................................... 12.08 5.26
----------------------------------------------------------------------------------------------------------------
Review-Specific Rate Applicable to the Following Non-Examined Company
----------------------------------------------------------------------------------------------------------------
Kronox Lab Sciences Pvt Ltd................................... 12.08 5.26
----------------------------------------------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties 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).
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance.\11\ Additionally,
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. Rebuttal
briefs, limited to issues raised in the case briefs, may be filed not
later than five days after the date of filing
[[Page 24579]]
case briefs.\12\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\13\ All briefs must be
filed electronically using ACCESS.\14\ An electronically filed document
must be received successfully in its entirety in ACCESS by 5:00 p.m.
Eastern Time on the established deadline.
---------------------------------------------------------------------------
\11\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\12\ 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 Procedures).
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
\14\ See 19 CFR 351.303 (for general filing requirements).
---------------------------------------------------------------------------
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 review, we instead request that
parties provide at the beginning of their briefs a public, executive
summary for each issue raised in their briefs.\15\ Further, we request
that interested parties limit their public executive summary of each
issue to no more than 450 words, not including citations. We intend to
use the public executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final determination in this investigation. We request
that interested parties include footnotes for relevant citations in the
public 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).\16\
---------------------------------------------------------------------------
\15\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\16\ See APO and Service Final Rule.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
(1) the party's name, address, and telephone number; (2) the number of
participants and whether any participant is a foreign national; and (3)
a list of the issues to be discussed. If a request for a hearing is
made, Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date of the
hearing.
Final Results
Unless the deadline is extended pursuant to section 75l(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised by parties in their comments, within 120
days after the date of publication of these preliminary results.
Assessment Rates
Consistent with section 75 l(a)(l) of the Act and 19 CFR 35
l.212(b)(2), upon issuance of the final results, Commerce will
determine, and CBP shall assess, countervailing duties on all
appropriate entries covered by this review at the applicable ad valorem
assessment rates listed for the corresponding time period (i.e., June
21, 2022, through December 31, 2022, and January 1, 2023, through
December 31, 2023). We intend to issue 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 statutory injection has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends, upon publication of the final results, to instruct CBP to
collect cash deposits of estimated countervailing duties in the amount
for the year 2023 shown for the company listed above with regard to
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this review. For all non-reviewed firms, CBP will continue
to collect cash deposits of estimated countervailing duties at the all-
others rate or the most recent company-specific rate applicable to the
company, as appropriate. These cash deposit requirements, when imposed,
shall remain in effect until further notice.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(l) and 777(i)(l) of the Act, and 19 CFR
351.221(b)(4).
Dated: June 5, 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. Period of Review
IV. Scope of the Order
V. Intent to Rescind Review, In Part
VI. Diversification of India's Economy
VII. Subsidies Valuation
VIII. Use of Facts Otherwise Available and Application of Adverse
Inferences
IX. Benchmarks and Discount Rates
X. Analysis of Programs
XI. Rate for Non-Selected Companies
XII. Recommendation
[FR Doc. 2025-10637 Filed 6-10-25; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on June 11, 2025.
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.