Notice2026-09454
Sodium Nitrite From India: Preliminary Results and Intent To Rescind, in Part, of Countervailing Duty Administrative Review; 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
May 13, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies were provided to producers and exporters of Sodium Nitrite from India. The period of review (POR) is January 1, 2024, through December 31, 2024. 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
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<title>Federal Register, Volume 91 Issue 92 (Wednesday, May 13, 2026)</title>
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[Federal Register Volume 91, Number 92 (Wednesday, May 13, 2026)]
[Notices]
[Pages 26992-26994]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09454]
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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; 2024
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies were provided to producers
and exporters of Sodium Nitrite from India. The period of review (POR)
is January 1, 2024, through December 31, 2024. 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 May 13, 2026.
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 March 28, 2025, based on timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative
review of the countervailing duty order on sodium nitrite from
India.\1\ On May 19, 2025, Commerce selected Deepak Nitrite Limited
(DNL) and Kutch Chemical Industries Limited (Kutch Chemical) as the
mandatory respondents in this review.\2\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 90 FR 14081, 14100 (March 28, 2025); see
also Sodium Nitrite From India: Antidumping Duty and Countervailing
Duty Orders, 88 FR 12313 (February 27, 2023) (Order).
\2\ See Memorandum, ``Respondent Selection,'' dated May 19,
2025.
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Due to the lapse in appropriations and Federal Government shutdown,
on November 14, 2025, Commerce tolled all deadlines in administrative
proceedings by 47 days.\3\ Additionally, due to a backlog of documents
that were electronically filed via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS) during the Federal Government shutdown, on November 24,
2025, Commerce tolled all deadlines in administrative proceedings by an
additional 21 days.\4\ On December 22, 2025, we extended the deadline
for the preliminary results of this review until May 7, 2026.\5\
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\3\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\4\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated
December 22, 2025.
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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
provided as the appendix to this notice. The Preliminary Decision
Memorandum is a public document and is on file electronically via
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/frnotices">https://access.trade.gov/frnotices</a>.
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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Countervailing Duty
Order on Sodium Nitrite from India; 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 the Order is sodium nitrite from India. For
a complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Intent To Rescind Administrative Review, in Part
It is Commerce's practice to rescind an administrative review of a
countervailing duty order, pursuant to 19 CFR 351.213(d)(3), when there
are no reviewable entries of subject merchandise during the POR for
which liquidation is suspended. Normally,
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upon completion of an administrative review, the suspended entries are
liquidated at the CVD assessment rate calculated for the POR.\7\
Therefore, for an administrative review of a company to be conducted,
there must be a reviewable, suspended entry that Commerce can instruct
U.S. Customs and Border Protection (CBP) to liquidate at the CVD
assessment rate calculated for the POR.\8\
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\7\ See 19 CFR 351.212(b)(2).
\8\ See 19 CFR 351.213(d)(3).
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According to the CBP import data on the record, the following three
companies subject to this review did not have reviewable entries of
subject merchandise during the POR for which liquidation is suspended:
Buradon Inc.; Palvi Industries Limited; and Lotus Global Pvt. Ltd.\9\
Accordingly, in the absence of reviewable, suspended entries of subject
merchandise during the POR, we intend to rescind this administrative
review with respect to these three companies, in accordance with 19 CFR
351.213(d)(3).
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\9\ See Memorandum, ``Release of Customs and Border Protection
Data,'' dated April 3, 2025.
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Methodology
Commerce is conducting this administrative review in accordance
with 751(a)(1)(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.\10\ For a full description
of the methodology underlying our conclusions, including our reliance,
in part, on facts otherwise available with adverse inferences pursuant
to sections 776(a) and (b) of the Act, see the Preliminary Decision
Memorandum.
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\10\ 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.
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Rate for Non-Individually Examined Companies
The Act and Commerce's regulations do not address the establishment
of a rate to apply to companies not selected for individual examination
when Commerce limits its examination in an administrative review
pursuant to section 777A(e)(2) of the Act. Generally, Commerce looks to
section 705(c)(5) of the Act, which provides instructions for
calculating the all-others rate in a CVD 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} .''
Under section 705(c)(5)(A)(i) of the Act, the all-others rate is
normally an amount equal to the weighted average countervailable
subsidy rates established for each of the companies individually
investigated, excluding any rates that are zero, de minimis (i.e., less
than 0.5 percent), or determined entirely on the basis of facts
available. Where the countervailable subsidy rates for each of the
individually examined companies is zero, de minimis, or based entirely
on facts available, section 705(c)(5)(A)(ii) of the Act provides that
Commerce may use ``any reasonable method to establish an all-others
rate for exporters and producers not individually investigated,
including averaging the weighted average countervailable subsidy rates
determined for the exporters and producers individually investigated.''
For these preliminary results, because the rate calculated for
Kutch Chemical is based entirely on facts available, we are
preliminarily assigning to the company under review (i.e., Kronox Lab
Sciences Pvt Ltd.) that was not selected for individual examination a
countervailable subsidy rate based on the rate calculated for DNL.
Preliminary Results of Review
As a result of this review, we preliminarily determine the
following net countervailable subsidy rates exist for the POR, January
1, 2024, through December 31, 2024:
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Subsidy rate
Company (percent ad
valorem)
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Deepak Nitrite Limited.................................. 2.26
Kronox Lab Sciences Pvt Ltd............................. 2.26
Kutch Chemical Industries Limited....................... 63.60
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Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties for 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 accordance with 19 CFR 351.224(b).
Verification
Commerce received a timely request from Chemtrade Chemicals US LLC
(the petitioner) to verify the information submitted in this
administrative review, pursuant to 19 CFR 307(b)(1)(iv).\11\ Commerce
does not intend to verify the information submitted by the mandatory
respondents in the course of this administrative review.
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\11\ See Petitioner's Letter, ``Chemtrade Request for On-Site
Verification,'' dated July 7, 2025.
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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.\12\ 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.\13\ 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.\14\ 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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\12\ See 19 CFR 351.309.
\13\ 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).
\14\ See 19 CFR 351.309(c)(2) and (d)(2)
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As provided under 19 CFR 351.309(c)(2)(iii) and (d)(2)(iii), we
request that interested 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
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).\16\
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\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 Procedures.
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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 by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice. Requests should contain: (1) the party's
name,
[[Page 26994]]
address, and telephone number; (2) the number of participants; and (3)
a list of issues to be discussed. Oral presentations at the hearing
will be limited to issues raised in the briefs. If a request for a
hearing is made, Commerce will inform parties of the scheduled date for
the hearing.\17\
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\17\ See 19 CFR 351.310(d).
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Assessment Rates
Consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by this
review.
For the companies listed above for which Commerce intend to rescind
review, Commerce will instruct CBP to assess countervailing duties on
all appropriate entries at a rate equal to the cash deposit of
estimated countervailing 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 rescission instructions to
CBP no earlier than 35 days after the date of publication of this
notice in the Federal Register.
Commerce intends to issue assessment instructions to CBP regarding
DNL, Kutch Chemical, and Kronox Lab Sciences Pvt Ltd. 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 injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.107(e),
Commerce intends to instruct CBP to collect cash deposits of estimated
countervailing duties 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, as follows:
(1) the cash deposit rate for the companies listed above will be equal
to the company-specific estimated individual countervailable subsidy
rates determined in the final results of this review, except if the
rate is less than 0.50 percent and, therefore, de minimis within the
meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate
will be zero; (2) if both the producer and exporter of the subject
merchandise have company-specific estimated subsidy rates assigned, and
their rates differ, then the applicable cash deposit rate will be the
higher of these two rates; (3) if either the producer or the exporter,
but not both, of the subject merchandise has a company-specific
estimated subsidy rate assigned, the applicable cash deposit rate will
be that company's company-specific rate; and (4) the cash deposit rate
for all other producers and exporters will be continue to be 2.40
percent, the all-others subsidy rate established in the
investigation.\18\ These cash deposit instructions, when imposed, shall
remain in effect until further notice.
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\18\ See Order.
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Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: May 7, 2026.
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. Intent to Rescind Review, In Part
V. Diversification of India's Economy
VI. Subsidies Valuation
VII. Use of Facts Otherwise Available and Application of Adverse
Inference
VIII. Benchmarks and Discount Rates
IX. Analysis of Programs
X. Recommendation
[FR Doc. 2026-09454 Filed 5-12-26; 8:45 am]
BILLING CODE 3510-DS-P
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