Notice2026-09510
Sodium Nitrite From India: Preliminary Results and Notice of Intent To Rescind, in Part, of Antidumping Duty Administrative Review; 2024-2025
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) is conducting an administrative review of the antidumping duty (AD) order on sodium nitrite from India. The period of review (POR) is February 1, 2024, through January 31, 2025. Commerce preliminarily determines that Deepak Nitrite Limited (DNL) 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 91 Issue 92 (Wednesday, May 13, 2026)</title>
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[Federal Register Volume 91, Number 92 (Wednesday, May 13, 2026)]
[Notices]
[Pages 26994-26997]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09510]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-906]
Sodium Nitrite From India: Preliminary Results and Notice of
Intent To Rescind, in Part, of Antidumping Duty Administrative Review;
2024-2025
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 (AD) order on sodium
nitrite from India. The period of review (POR) is February 1, 2024,
through January 31, 2025. Commerce preliminarily determines that Deepak
Nitrite Limited (DNL) 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 May 13, 2026.
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 AD order on sodium nitrite from India.\1\ On February 3, 2025,
Commerce published in the Federal Register a notice of opportunity to
request an administrative review of the Order for the POR.\2\ On March
28, 2025, pursuant to section 751(a)(1) of the Tariff Act of 1930, as
amended (the Act), Commerce initiated an administrative review of the
Order covering six entities.\3\
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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 Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 90 FR 8785 (February 3,
2025).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 90 FR 14081 (March 28, 2025) (Initiation
Notice).
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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 47 days.\4\ 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 Governmental shutdown, on November
24, 2025, Commerce tolled all deadlines in administrative proceedings
by an additional 21 days.\5\ On December 17, 2025, Commerce extended
the deadline for these preliminary results to May 7, 2026.\6\
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\4\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\5\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
\6\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated December
16, 2026.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary
[[Page 26995]]
Decision Memorandum.\7\ A list of topics discussed in the Preliminary
Decision Memorandum is attached as Appendix I 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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\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Sodium Nitrite from India; 2024-2025,'' 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.\8\
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\8\ See Preliminary Decision Memorandum at 2-4.
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Notice of Intent To Rescind the Review, in Part
Commerce initiated this review with respect to six companies.\9\
For three companies listed in the Initiation Notice--Buradon Inc.,
Palvi Industries Limited, and Lotus Global Pvt. Ltd.--U.S. Customs and
Border Protection (CBP) data released for the purposes of respondent
selection reflected no entries of subject merchandise during the
POR.\10\ Therefore, we are announcing our intent to rescind this review
with respect to Buradon Inc., Palvi Industries Limited, and Lotus
Global Pvt. Ltd. Parties may submit comments on Commerce's intent to
rescind the review of these firms within seven days of publication of
this notice. If no comment in opposition is received, Commerce will
rescind the review, in part, in its final results of review.
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\9\ See Initiation Notice.
\10\ See Memorandum, ``Release of Customs and Border Protection
Data,'' dated on April 1, 2025.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act. Normal value is calculated
in accordance with section 773 of the Act. For a full description of
the methodology underlying our conclusions, see the Preliminary
Decision Memorandum.
Rate for Non-Examined Companies
The Act and Commerce's regulations do not address the establishment
of a rate to be applied to companies not selected for individual
examination when Commerce limits its examination in an administrative
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce
looks to section 735(c)(5) of the Act, which provides instructions for
calculating the all-others rate in a market economy investigation, for
guidance when calculating the rate for companies which were not
selected for individual examination in an administrative review. Under
section 735(c)(5)(A) of the Act, the all-others rate is normally ``an
amount equal to the weighted average of the estimated weighted average
dumping margins established for exporters and producers individually
investigated, excluding any zero or de minimis margins, and any margins
determined entirely {on the basis of facts available{time} .''
The SAA provides Commerce with additional guidance as to what the
agency should do when the only margins calculated for individually-
investigated exporters are zero/de minimis and/or determined entirely
through facts available:
In such situations, Commerce may use any reasonable method to
calculate the all others rate. The expected method in such cases
will be to weight-average the zero and de minimis margins and
margins determined pursuant to the facts available, provided that
volume data is available. However, if this method is not feasible,
or if it results in an average that would not be reasonably
reflective of potential dumping margins for non-investigated
exporters or producers, Commerce may use other reasonable
methods.\11\
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\11\ See Statement of Administrative Action accompanying the
Uruguay Round Agreements Act, H.R. Doc. 103-316, Vol. I (1994) (SAA)
at 873 (emphasis added).
In this review, we preliminary calculated a dumping margin of zero
percent for DNL, the sole respondent individually examined. Therefore,
there is no non-zero weighted-average dumping margins established for
exporters and producers individually examined in this POR. Further, DNL
is the only producer and/or exporter with a history of individual
examination in this Order, and the two non-individually examined
respondents under review, Kronox Lab Sciences Pvt Ltd. (Kronox) and
Kutch Chemical Industries Ltd. (Kutch), have no history of review.
Given the lack of history of review of applicable rates for firms other
than DNL, Commerce determines it is feasible and appropriate to look to
other reasonable methods to determine the applicable rate for non-
selected respondents. The only rate established for exporters or
producers in the history of the Order which is not zero, de minimis, or
based entirely on adverse facts available is the 42.76 percent rate
calculated for DNL and assigned as the all-others rate in the less-
than-fair-value (LTFV) investigation. We find use of this rate to
reflect the most reasonable method to approximate the exporting
experience of the non-reviewed respondents, as it reflects the rate
established for respondents with no prior history of individual review.
Accordingly, we have selected the 42.76 percent rate calculated for DNL
and assigned to all other producers and exporters in the LTFV
investigation as the rate applicable to the non-individually examined
respondents in this review.
Preliminary Results of Review
We preliminarily determine that the following estimated weighted-
average dumping margins exist for the period February 1, 2024, through
January 31, 2025:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Deepak Nitrite Limited...................................... 0.00
Kronox Lab Sciences Pvt Ltd................................. 42.76
Kutch Chemical Industries Ltd............................... 42.76
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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.\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
[[Page 26996]]
each issue; and, (2) a table of authorities.\14\
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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 Final Rule).
\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
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 results in this administrative
review. 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\
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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.\17\ 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 issues to be discussed. Issues raised in the hearing will
be limited to those raised in the respective case briefs. If a request
for a hearing is made, parties will be notified of the time and date
for the hearing.\18\ Parties should confirm by telephone the date,
time, and location of the hearing two days before the scheduled date.
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\17\ See 19 CFR 351.310(c).
\18\ See 19 CFR 351.310(d).
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All submissions, including case and rebuttal briefs, as well as
hearing requests, must be filed via ACCESS.\19\ An electronically filed
document must be received successfully in its entirety in ACCESS by
5:00 p.m. Eastern Time on the established deadline. Note that Commerce
has amended certain of its requirements pertaining to the service of
documents in 19 CFR 351.303(f).\20\
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\19\ See 19 CFR 351.303.
\20\ See APO and Service Final Rule.
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Assessment Rate
Upon issuance of the final results, Commerce shall determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review. The final results of this review shall be the basis for
the assessment of antidumping duties on entries of merchandise covered
by this review and for future deposits of estimated duties, where
applicable.\21\
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\21\ See section 751(a)(2)(C) of the Act.
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Commerce intends 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 statutory injunction has expired (i.e., within
90 days of publication).
If the respective weighted-average dumping margins are above de
minimis (i.e., 0.50 percent) in the final results of this review, we
will calculate importer-specific ad valorem AD assessment rates based
on the ratio of the total amount of dumping calculated for the
importer's examined sales to the total entered value of those same
sales in accordance with 19 CFR 351.212(b)(1).\22\ If the respondent
has not reported entered values, we will calculate 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. Where either the
respondent's weighted-average dumping margin is zero or de minimis, or
an importer-specific assessment rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.
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\22\ 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 Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by the
respondents for which they did not know that the merchandise was
destined for the United States, we will instruct CBP to liquidate
entries not reviewed at the all-others rate if there is no rate for the
intermediate company(ies) involved in the transaction.
For the companies which were not selected for individual
examination, we will instruct CBP to assess antidumping duties at an ad
valorem assessment rate equal to the company-specific weighted-average
dumping margin determined in these final results. For the companies for
which the administrative review will be rescinded, antidumping duties
shall be assessed at a rate 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 these rescission instructions to CBP no
earlier than 35 days after the date of publication of this notice in
the Federal Register.
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 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.\23\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\23\ See Order, 88 FR at 12314.
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of our
analysis of issues raised by the parties in any written briefs, within
120 days of publication of these preliminary results in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
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
351.213(h)(2) and 19 CFR 351.221(b)(4).
[[Page 26997]]
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. Discussion of Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2026-09510 Filed 5-12-26; 8:45 am]
BILLING CODE 3510-DS-P
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