Sodium Nitrite From India and the Russian Federation: Initiation of Countervailing Duty Investigations, 7108-7112 [2022-02634]

Download as PDF 7108 Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices khammond on DSKJM1Z7X2PROD with NOTICES appropriate entries of subject merchandise in accordance with the final results of this review. Pursuant to 19 CFR 351.212(b)(1), we calculated importer-specific ad valorem duty assessment rates based on the ratio of the total amount of dumping calculated for the examined sales to the total entered value of those sales. Where either the respondent’s weightedaverage dumping margin is zero or de minimis within the meaning of 19 CFR 351.106(c)(1), 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.12 For entries of subject merchandise during the POR produced by the mandatory respondents for which they did not know their merchandise was destined for the United States, or for entries associated with Synn, who had no shipments during the POR, we will instruct CBP to liquidate unreviewed entries at the allothers rate if there is no rate for the intermediate company(ies) involved in the transaction. The final results of this 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.13 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). Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for the companies listed above will be equal to the weighted-average dumping margins established in the final results of this administrative review; (2) for 12 In these final 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). 13 See section 751(a)(2)(C) of the Act. VerDate Sep<11>2014 16:16 Feb 07, 2022 Jkt 256001 merchandise exported by producers or exporters not covered in this review but covered in a prior completed segment of the proceeding, the cash deposit rate will continue to be the companyspecific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the producer has been covered in a prior complete segment of this proceeding, then the cash deposit rate will be the rate established for the most recent period for the producer of the merchandise; (4) the cash deposit rate for all other manufacturers or exporters will continue to be 3.66 percent,14 the all-others rate from the Amended Final Determination. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties We are issuing and publishing these final results of administrative review in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5). 14 See Corrosion-Resistant Steel Products from Taiwan: Notice of Court Decision Not in Harmony with Final Determination of Antidumping Duty Investigation and Notice of Amended Final Determination of Investigation, 84 FR 6129 (February 26, 2019) (Amended Final Determination). PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 Dated: February 2, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Changes Since the Preliminary Results V. Discussion of the Issues Comment 1: Whether Yieh Phui’s Reported Cost Information is Reliable and Whether an Adverse Inference or Adjustment is Appropriate Comment 2: Whether To Modify the Transfer Price Cost Adjustment for Inputs Sourced From Yieh Phui’s Affiliated Suppliers Comment 3: Whether To Include Various Income Items as Allowable Offsets in the Calculation of Yieh Phui’s General and Administrative Expense Ratio Comment 4: Treatment of Section 232 Duties VI. Recommendation [FR Doc. 2022–02640 Filed 2–7–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–907, C–821–837] Sodium Nitrite From India and the Russian Federation: Initiation of Countervailing Duty Investigations Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable February 2, 2022. FOR FURTHER INFORMATION CONTACT: Ariela Garvett at (202) 482–3609, Eva Kim at (202) 482–8283, and Thomas Martin at (202) 482–3936 (India), and Melissa Kinter at (202) 482–1413 (the Russian Federation (Russia)), AD/CVD Operations, Offices IV and II, respectively, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: The Petitions On January 13, 2022, the Department of Commerce (Commerce) received countervailing duty (CVD) petitions concerning imports of sodium nitrite from India and Russia, filed in proper form on behalf of Chemtrade Chemicals US, LLC (the petitioner), a domestic producer of sodium nitrite.1 The 1 See Petitioner’s Letter, ‘‘Sodium Nitrite from India and Russia: Antidumping and Countervailing E:\FR\FM\08FEN1.SGM 08FEN1 Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices khammond on DSKJM1Z7X2PROD with NOTICES Petitions were accompanied by antidumping duty (AD) petitions concerning imports of sodium nitrite from India and Russia.2 Between January 18 and 27, 2022, Commerce requested supplemental information pertaining to certain aspects of the Petitions in separate supplemental questionnaires and telephone calls.3 The petitioner filed responses to these requests on January 20, 21, 24, and 26, 2022.4 In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that the Government of India (GOI) and the Government of Russia (GOR) are providing countervailable subsidies, within the meaning of sections 701 and 771(5) of the Act, to producers of sodium nitrite in India and Russia, and that imports of such products are materially injuring, or threatening material injury to, the sodium nitrite industry in the United States. Consistent with section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs on which we are initiating CVD investigations, the Petitions were accompanied by information reasonably Duty Petitions,’’ dated January 13, 2022 (the Petitions). 2 Id. 3 See Commerce’s Letters, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Sodium Nitrite from India: Supplemental Questions,’’ dated January 18, 2022; ‘‘Petition for the Imposition of Countervailing Duties on Imports of Sodium Nitrite from the Russian Federation: Supplemental Questions,’’ dated January 18, 2022; ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Sodium Nitrite from India and the Russian Federation: Supplemental Questions,’’ dated January 19, 2022; and ‘‘Petition for the Imposition of Countervailing Duties on Imports of Sodium Nitrite from India: Second Supplemental Questions,’’ dated January 24, 2022; see also Memorandum, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Sodium Nitrite from India and the Russian Federation: Phone Call with Counsel to the Petitioner,’’ dated January 27, 2022. 4 See Petitioner’s Letters, ‘‘Sodium Nitrite from India: Responses to Supplemental Questions Regarding the Countervailing Duty Petition,’’ dated January 20, 2022; ‘‘Petition for the Imposition of Antidumping and Countervailing Duties on Imports of Sodium Nitrite from India and Russia: Supplemental Questionnaire Responses to Petition General Issues,’’ dated January 21, 2022 (General Issues Supplement); ‘‘Sodium Nitrite from India and Russia: Errata to Supplemental Questionnaire Responses to Petition General Issues,’’ dated January 24, 2022 (General Issues Errata); ‘‘Petition for the Imposition of Countervailing Duties on Imports of Sodium Nitrite from Russia: Responses to Supplemental Questions Regarding the Countervailing Duty Petition,’’ dated January 21, 2022; ‘‘Sodium Nitrite from India: Responses to Second Supplemental Questions Regarding the Countervailing Duty Petition,’’ dated January 26, 2022; and ‘‘Sodium Nitrite from India and Russia: Second Supplemental Questionnaire Response to Petition General Issues,’’ dated January 27, 2022 (Second General Issues Supplement). VerDate Sep<11>2014 16:16 Feb 07, 2022 Jkt 256001 available to the petitioner supporting its allegations. Commerce finds that the petitioner filed the Petitions on behalf of the domestic industry, because the petitioner is an interested party, as defined in section 771(9)(C) of the Act. Commerce also finds that the petitioner demonstrated sufficient industry support for the initiation of the requested CVD investigations.5 Periods of Investigation Because the Petitions were filed on January 13, 2022, the period of investigation (POI) for these CVD investigations is January 1, 2021, through December 31, 2021, pursuant to 19 CFR 351.204(b)(2). Scope of the Investigations The product covered by these investigations is sodium nitrite from India and Russia. For a full description of the scope of these investigations, see the appendix to this notice. Comments on Scope of the Investigations As discussed in the Preamble to Commerce’s regulations, we are setting aside a period for interested parties to raise issues regarding product coverage (i.e., scope).6 Commerce will consider all comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determinations. If scope comments include factual information,7 all such factual information should be limited to public information. To facilitate preparation of its questionnaires, Commerce requests that all interested parties submit scope comments by 5:00 p.m. Eastern Time (ET) on February 22, 2022, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on March 4, 2022, which is ten calendar days from the initial comment deadline. Commerce requests that any factual information the parties consider relevant to the scope of the investigations be submitted during this time period. However, if a party subsequently finds that additional factual information pertaining to the scope of these investigations may be relevant, the party must contact 5 See ‘‘Determination of Industry Support for the Petitions’’ section, infra. 6 See Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 7 See 19 CFR 351.102(b)(21) (defining ‘‘factual information.’’). PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 7109 Commerce and request permission to submit the additional information. All such comments must be filed on the records of each of the concurrent AD and CVD investigations. Filing Requirements All submissions to Commerce must be filed electronically using Enforcement and Compliance’s Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS), unless an exception applies.8 An electronically-filed document must be received successfully in its entirety by the time and date it is due. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information until further notice.9 Consultations Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce notified the GOI and the GOR of the receipt of the Petitions and provided an opportunity for consultations with respect to the Petitions.10 Commerce held consultations with the GOI and the GOR on January 28, 2022.11 On February 1, 2022, the GOI submitted pre-initiation consultation comments.12 Determination of Industry Support for the Petitions Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(c)(4)(A) 8 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and Compliance; Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014) for details of Commerce’s electronic filing requirements, effective August 5, 2011. Information on using ACCESS can be found at https://access.trade.gov/ help.aspx and a handbook can be found at https:// access.trade.gov/help/Handbook%20on %20Electronic%20Filling%20Procedures.pdf. 9 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 10 See Commerce’s Letters, ‘‘Petition for the Imposition of Countervailing Duty Petition on Imports of Certain Sodium Nitrite from India: Invitation for Consultations to Discuss the Countervailing Duty Petition,’’ dated January 18, 2022; and ‘‘Sodium Nitrite from the Russian Federation: Invitation for Consultation to Discuss the Countervailing Duty Petition,’’ dated January 14, 2022. 11 See Memoranda, ‘‘Countervailing Duty Petition on Sodium Nitrite from India: Consultations with Officials from the Government of India,’’ dated January 28, 2022; and ‘‘Countervailing Duty Petition on Sodium Nitrite from the Russian Federation: Consultations with Officials from the Government of the Russian Federation,’’ dated January 31, 2022. 12 See GOI’s Letter, ‘‘Pre-Initiation Consultation Note on the Petition for Initiation of Countervailing Duty Investigation concerning imports of Certain Sodium Nitrite from India (Case No. 533–907),’’ dated February 1, 2022. E:\FR\FM\08FEN1.SGM 08FEN1 khammond on DSKJM1Z7X2PROD with NOTICES 7110 Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, Commerce shall: (i) Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the ‘‘industry.’’ Section 771(4)(A) of the Act defines the ‘‘industry’’ as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs Commerce to look to producers and workers who produce the domestic like product. The International Trade Commission (ITC), which is responsible for determining whether ‘‘the domestic industry’’ has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both Commerce and the ITC must apply the same statutory definition regarding the domestic like product,13 they do so for different purposes and pursuant to a separate and distinct authority. In addition, Commerce’s determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.14 Section 771(10) of the Act defines the domestic like product as ‘‘a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.’’ Thus, the reference point from which the domestic like product analysis begins is ‘‘the article subject to an investigation’’ (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the petition). With regard to the domestic like product, the petitioner does not offer a definition of the domestic like product 13 See section 771(10) of the Act. USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff’d 865 F. 2d 240 (Fed. Cir. 1989)). 14 See VerDate Sep<11>2014 16:16 Feb 07, 2022 Jkt 256001 distinct from the scope of the investigations.15 Based on our analysis of the information submitted on the record, we have determined that sodium nitrite, as defined in the scope, constitutes a single domestic like product, and we have analyzed industry support in terms of that domestic like product.16 In determining whether the petitioner has standing under section 702(c)(4)(A) of the Act, we considered the industry support data contained in the Petitions with reference to the domestic like product as defined in the ‘‘Scope of the Investigations,’’ in the appendix to this notice. To establish industry support, the petitioner provided its own total production of sodium nitrite during the calendar year 2021.17 The petitioner also provided an estimate of the 2021 production for the only other known U.S. producer of sodium nitrite, SABIC Innovative Chemicals US, LLC.18 The petitioner then compared its own production to the total volume of sodium nitrite produced by the U.S. industry.19 We relied on data provided by the petitioner for purposes of measuring industry support.20 Our review of the data provided in the Petitions, the General Issues Supplement, General Issues Errata, Second General Issues Supplement, and other information readily available to Commerce indicates that the petitioner has established industry support for the Petitions. First, the Petitions established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, Commerce is not required to take further action in order to evaluate industry 15 See Petitions at Volume I at 10–15. a discussion of the domestic like product analysis as applied to these cases and information regarding industry support, see Country-Specific CVD Initiation Checklists, ‘‘Countervailing Duty Investigation Initiation Checklists: Sodium Nitrite from India and the Russian Federation,’’ dated concurrently with this Federal Register notice and on file electronically via ACCESS (Country-Specific CVD Initiation Checklists) at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Sodium Nitrite from India and the Russian Federation (Attachment II). 17 See Petitions at Volume I at 3; see also General Issues Supplement at 3–4; General Issues Errata at 1. 18 See Petitions at Volume I at 3 and Exhibit I– 1; see also General Issues Supplement at 3–4 and Exhibit I–25; General Issues Errata at 1; and Second General Issues Supplement at 1 and Exhibit I–28. 19 See General Issues Supplement at 4; see also General Issues Errata at 1. 20 See Petitions at Volume I at 3 and Exhibit I– 1; see also General Issues Supplement at 3–4 and Exhibit I–25; General Issues Errata at 1; and Second General Issues Supplement at 1 and Exhibit I–28. For further discussion, see Attachment II of the Country-Specific CVD Initiation Checklists. 16 For PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 support (e.g., polling).21 Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petitions account for at least 25 percent of the total production of the domestic like product.22 Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petitions account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petitions.23 Accordingly, Commerce determines that the Petitions were filed on behalf of the domestic industry within the meaning of section 702(b)(1) of the Act.24 Injury Test Because India and Russia are ‘‘Subsidies Agreement Countries’’ within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to these investigations. Accordingly, the ITC must determine whether imports of the subject merchandise from India and/or Russia materially injure, or threaten material injury to, a U.S. industry. Allegations and Evidence of Material Injury and Causation The petitioner alleges that imports of the subject merchandise are benefitting from countervailable subsidies and that such imports are causing, or threaten to cause, material injury to the U.S. industry producing the domestic like product. In addition, the petitioner alleges that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.25 The petitioner contends that the industry’s injured condition is illustrated by a significant and increasing volume of subject imports; declining market share; underselling and price depression and suppression; lost sales and revenues; declines in production, shipments, capacity utilization, and employment; and decline in sales revenues and negative 21 See Country-Specific CVD Initiation Checklists at Attachment II; see also section 702(c)(4)(D) of the Act. 22 See Country-Specific CVD Initiation Checklists at Attachment II. 23 Id. 24 Id. 25 See Petitions at Volume I at 15 and Exhibit I– 7; see also General Issues Supplement at 4 and Exhibit I–26; General Issues Errata at 1–2 and Exhibit I–26. E:\FR\FM\08FEN1.SGM 08FEN1 Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices impact on operating profits.26 We assessed the allegations and supporting evidence regarding material injury, threat of material injury, causation, as well as negligibility, and we have determined that these allegations are properly supported by adequate evidence, and meet the statutory requirements for initiation.27 Initiation of CVD Investigations Based upon the examination of the Petitions and supplemental responses, we find that they meet the requirements of section 702 of the Act. Therefore, we are initiating CVD investigations to determine whether imports of sodium nitrite from India and Russia benefit from countervailable subsidies conferred by the GOI and the GOR, respectively. In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determinations no later than 65 days after the date of these initiations. India Based on our review of the CVD Petition on sodium nitrite from India, we find that there is sufficient information to initiate a CVD investigation on all 21 alleged programs. For a full discussion of the basis for our decision to initiate on each program, see the India CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. Russia Based on our review of the CVD Petition on sodium nitrite from Russia, we find that there is sufficient information to initiate a CVD investigation on ten of the 11 alleged programs. For a full discussion of the basis for our decision to initiate on ten of the programs and to not initiate on one program, see the Russia CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. Respondent Selection khammond on DSKJM1Z7X2PROD with NOTICES In the Petitions, the petitioner identified four companies in India and one company in Russia as producers/ 26 See Petitions at Volume I at 15–34 and Exhibits I–5, I–7, I–9 through I–15, and I–18; see also General Issues Supplement at 4–7 and Exhibits I– 22 through I–24 and I–27. 27 See Country-Specific CVD Initiation Checklists at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Sodium Nitrite from India and the Russian Federation (Attachment III). VerDate Sep<11>2014 16:16 Feb 07, 2022 Jkt 256001 exporters of sodium nitrite.28 Commerce intends to follow its standard practice in CVD investigations and calculate company-specific subsidy rates in this investigation. India In the event Commerce determines that the number of Indian producers/ exporters is large and it cannot individually examine each company based upon Commerce’s resources,29 Commerce intends to select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports of sodium nitrite from India during the POI under the appropriate Harmonized Tariff Schedule of the United States numbers listed in the ‘‘Scope of the Investigations,’’ in the appendix. On January 25, 2022, Commerce released CBP data for U.S. imports of sodium nitrite from India under Administrative Protective Order (APO) to all parties with access to information protected by APO and indicated that interested parties wishing to comment on the CBP data and/or respondent selection must do so within three business days of the publication date of the notice of initiation of these investigations.30 Comments must be filed electronically using ACCESS. An electronically filed document must be received successfully, in its entirety, by ACCESS no later than 5:00 p.m. ET on the specified deadline. Commerce will not accept rebuttal comments regarding the CBP data or respondent selection. We intend to select respondents within 20 days of publication of this notice. Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305(b). Instructions for filing such applications may be found on Commerce’s website at https://enforcement.trade.gov/apo. Russia In the Petition, the petitioner named only one company as a producer/ exporter of sodium nitrite in Russia, UralChem, JSC.31 Furthermore, we placed CBP import data onto the record of this proceeding, which corroborates the existence of UralChem, JSC as the sole producer/exporter in the foreign 28 See Volume I of the Petitions at 9–10 and Exhibit I–6. 29 See section 777A(e)(2) of the Act and 19 CFR 351.204(c)(2). 30 See Memorandum, ‘‘Countervailing Duty Petition on Imports of Sodium Nitrite from India: Release of U.S. Customs and Border Protection Data,’’ dated January 25, 2022. 31 See Volume I of the Petitions at 10 and Exhibits I–6, I–10, and I–17; see also General Issues Supplement at 2–3. PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 7111 market,32 and we currently know of no additional producers/exporters of subject merchandise from Russia. Accordingly, Commerce intends to examine all known producers/exporters in this investigation (i.e., the company referenced above). As noted in the aforementioned Russia CBP Import Data Release Memo, we invite interested parties to comment on this issue within three days of publication of this notice in the Federal Register. Commerce will not accept rebuttal comments regarding respondent selection for Russia. Because we intend to examine all known producers/exporters, if no comments are received or if comments received further support the existence of this sole producer/exporter in Russia, we do not intend to conduct respondent selection and will proceed to issuing the initial countervailing duty questionnaire to the company identified. However, if comments are received that create a need for a respondent selection process, we intend to finalize our decisions regarding respondent selection within 20 days of publication of this notice. Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305(b). Instructions for filing such applications may be found on Commerce’s website at https://enforcement.trade.gov/apo. Distribution of Copies of the Petitions In accordance with section 702(b)(4)(A) of the Act and 19 CFR 351.202(f), copies of the public version of the Petitions have been provided to the GOI and GOR via ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the Petitions to each exporter named in the Petitions, as provided under 19 CFR 351.203(c)(2). ITC Notification Commerce will notify the ITC of its initiation, as required by section 702(d) of the Act. Preliminary Determinations by the ITC The ITC will preliminarily determine, within 45 days after the date on which the Petitions were filed, whether there is a reasonable indication that subject imports are materially injuring, or threatening material injury to, a U.S. industry.33 A negative ITC determination for any country will result in the investigation being terminated with respect to that 32 See Memorandum, ‘‘Sodium Nitrite from the Russian Federation Countervailing Duty Petition: Release of Customs Data from U.S. Customs and Border Protection,’’ dated January 28, 2022 (Russia CBP Import Data Release Memo). 33 See section 703(a) of the Act. E:\FR\FM\08FEN1.SGM 08FEN1 7112 Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices country.34 Otherwise, these CVD investigations will proceed according to the statutory and regulatory time limits. khammond on DSKJM1Z7X2PROD with NOTICES Submission of Factual Information Factual information is defined in 19 CFR 351.102(b)(21) as: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i)–(iv). Section 351.301(b) of Commerce’s regulations requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted 35 and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct.36 Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Interested parties should review the regulations prior to submitting factual information in these investigations. Extensions of Time Limits Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301, or as otherwise specified by Commerce. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301. For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. ET on the due date. Under certain circumstances, Commerce may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, Commerce will inform parties in a letter or memorandum of the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, stand-alone submission; Commerce will grant untimely filed requests for the 34 Id. 35 See 36 See 19 CFR 351.301(b). 19 CFR 351.301(b)(2). VerDate Sep<11>2014 16:16 Feb 07, 2022 Jkt 256001 extension of time limits only in limited cases where we determine, based on 19 CFR 351.302, that extraordinary circumstances exist. Parties should review Commerce’s regulations concerning factual information prior to submitting factual information in these investigations.37 Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.38 Parties must use the certification formats provided in 19 CFR 351.303(g).39 Commerce intends to reject factual submissions if the submitting party does not comply with the applicable certification requirements. Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. Parties wishing to participate in these investigations should ensure that they meet the requirements of 19 CFR 351.103(d) (e.g., by filing the required letters of appearance). This notice is issued and published pursuant to sections 702 and 777(i) of the Act, and 19 CFR 351.203(c). Dated: February 2, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix Scope of the Investigations The product covered by these investigations is sodium nitrite in any form, at any purity level. In addition, the sodium nitrite covered by these investigations may or may not contain an anti-caking 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 NaNO2, 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 investigations, 37 See 19 CFR 351.301; see also Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/ FR-2013-09-20/html/2013-22853.htm. 38 See section 782(b) of the Act. 39 See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also frequently asked questions regarding the Final Rule, available at https://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 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. 2022–02634 Filed 2–4–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review and Join Annual Inquiry Service List Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: FOR FURTHER INFORMATION CONTACT: Brenda E. Brown, Office of AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, telephone: (202) 482–4735. SUPPLEMENTARY INFORMATION: Background Each year during the anniversary month of the publication of an antidumping or countervailing duty order, finding, or suspended investigation, an interested party, as defined in section 771(9) of the Tariff Act of 1930, as amended (the Act), may request, in accordance with 19 CFR 351.213, that the Department of Commerce (Commerce) conduct an administrative review of that antidumping or countervailing duty order, finding, or suspended investigation. All deadlines for the submission of comments or actions by Commerce discussed below refer to the number of calendar days from the applicable starting date. Respondent Selection In the event Commerce limits the number of respondents for individual examination for administrative reviews initiated pursuant to requests made for the orders identified below, Commerce intends to select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports during the period of review. We intend to release the CBP data under Administrative Protective Order (APO) to all parties having an APO within five days of publication of the initiation notice and to make our decision regarding respondent selection within 35 days of publication of the initiation Federal E:\FR\FM\08FEN1.SGM 08FEN1

Agencies

[Federal Register Volume 87, Number 26 (Tuesday, February 8, 2022)]
[Notices]
[Pages 7108-7112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02634]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-907, C-821-837]


Sodium Nitrite From India and the Russian Federation: Initiation 
of Countervailing Duty Investigations

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Applicable February 2, 2022.

FOR FURTHER INFORMATION CONTACT: Ariela Garvett at (202) 482-3609, Eva 
Kim at (202) 482-8283, and Thomas Martin at (202) 482-3936 (India), and 
Melissa Kinter at (202) 482-1413 (the Russian Federation (Russia)), AD/
CVD Operations, Offices IV and II, respectively, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Petitions

    On January 13, 2022, the Department of Commerce (Commerce) received 
countervailing duty (CVD) petitions concerning imports of sodium 
nitrite from India and Russia, filed in proper form on behalf of 
Chemtrade Chemicals US, LLC (the petitioner), a domestic producer of 
sodium nitrite.\1\ The

[[Page 7109]]

Petitions were accompanied by antidumping duty (AD) petitions 
concerning imports of sodium nitrite from India and Russia.\2\
---------------------------------------------------------------------------

    \1\ See Petitioner's Letter, ``Sodium Nitrite from India and 
Russia: Antidumping and Countervailing Duty Petitions,'' dated 
January 13, 2022 (the Petitions).
    \2\ Id.
---------------------------------------------------------------------------

    Between January 18 and 27, 2022, Commerce requested supplemental 
information pertaining to certain aspects of the Petitions in separate 
supplemental questionnaires and telephone calls.\3\ The petitioner 
filed responses to these requests on January 20, 21, 24, and 26, 
2022.\4\
---------------------------------------------------------------------------

    \3\ See Commerce's Letters, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Imports of Sodium Nitrite 
from India: Supplemental Questions,'' dated January 18, 2022; 
``Petition for the Imposition of Countervailing Duties on Imports of 
Sodium Nitrite from the Russian Federation: Supplemental 
Questions,'' dated January 18, 2022; ``Petitions for the Imposition 
of Antidumping and Countervailing Duties on Imports of Sodium 
Nitrite from India and the Russian Federation: Supplemental 
Questions,'' dated January 19, 2022; and ``Petition for the 
Imposition of Countervailing Duties on Imports of Sodium Nitrite 
from India: Second Supplemental Questions,'' dated January 24, 2022; 
see also Memorandum, ``Petitions for the Imposition of Antidumping 
and Countervailing Duties on Imports of Sodium Nitrite from India 
and the Russian Federation: Phone Call with Counsel to the 
Petitioner,'' dated January 27, 2022.
    \4\ See Petitioner's Letters, ``Sodium Nitrite from India: 
Responses to Supplemental Questions Regarding the Countervailing 
Duty Petition,'' dated January 20, 2022; ``Petition for the 
Imposition of Antidumping and Countervailing Duties on Imports of 
Sodium Nitrite from India and Russia: Supplemental Questionnaire 
Responses to Petition General Issues,'' dated January 21, 2022 
(General Issues Supplement); ``Sodium Nitrite from India and Russia: 
Errata to Supplemental Questionnaire Responses to Petition General 
Issues,'' dated January 24, 2022 (General Issues Errata); ``Petition 
for the Imposition of Countervailing Duties on Imports of Sodium 
Nitrite from Russia: Responses to Supplemental Questions Regarding 
the Countervailing Duty Petition,'' dated January 21, 2022; ``Sodium 
Nitrite from India: Responses to Second Supplemental Questions 
Regarding the Countervailing Duty Petition,'' dated January 26, 
2022; and ``Sodium Nitrite from India and Russia: Second 
Supplemental Questionnaire Response to Petition General Issues,'' 
dated January 27, 2022 (Second General Issues Supplement).
---------------------------------------------------------------------------

    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that the Government of India 
(GOI) and the Government of Russia (GOR) are providing countervailable 
subsidies, within the meaning of sections 701 and 771(5) of the Act, to 
producers of sodium nitrite in India and Russia, and that imports of 
such products are materially injuring, or threatening material injury 
to, the sodium nitrite industry in the United States. Consistent with 
section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged 
programs on which we are initiating CVD investigations, the Petitions 
were accompanied by information reasonably available to the petitioner 
supporting its allegations.
    Commerce finds that the petitioner filed the Petitions on behalf of 
the domestic industry, because the petitioner is an interested party, 
as defined in section 771(9)(C) of the Act. Commerce also finds that 
the petitioner demonstrated sufficient industry support for the 
initiation of the requested CVD investigations.\5\
---------------------------------------------------------------------------

    \5\ See ``Determination of Industry Support for the Petitions'' 
section, infra.
---------------------------------------------------------------------------

Periods of Investigation

    Because the Petitions were filed on January 13, 2022, the period of 
investigation (POI) for these CVD investigations is January 1, 2021, 
through December 31, 2021, pursuant to 19 CFR 351.204(b)(2).

Scope of the Investigations

    The product covered by these investigations is sodium nitrite from 
India and Russia. For a full description of the scope of these 
investigations, see the appendix to this notice.

Comments on Scope of the Investigations

    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope).\6\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determinations. If scope comments include factual information,\7\ all 
such factual information should be limited to public information. To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit scope comments by 5:00 p.m. Eastern Time 
(ET) on February 22, 2022, which is 20 calendar days from the signature 
date of this notice. Any rebuttal comments, which may include factual 
information, must be filed by 5:00 p.m. ET on March 4, 2022, which is 
ten calendar days from the initial comment deadline.
---------------------------------------------------------------------------

    \6\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \7\ See 19 CFR 351.102(b)(21) (defining ``factual 
information.'').
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    Commerce requests that any factual information the parties consider 
relevant to the scope of the investigations be submitted during this 
time period. However, if a party subsequently finds that additional 
factual information pertaining to the scope of these investigations may 
be relevant, the party must contact Commerce and request permission to 
submit the additional information. All such comments must be filed on 
the records of each of the concurrent AD and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically using 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), unless an exception 
applies.\8\ An electronically-filed document must be received 
successfully in its entirety by the time and date it is due. Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information until 
further notice.\9\
---------------------------------------------------------------------------

    \8\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on using ACCESS 
can be found at https://access.trade.gov/help.aspx and a handbook 
can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
    \9\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
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Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce 
notified the GOI and the GOR of the receipt of the Petitions and 
provided an opportunity for consultations with respect to the 
Petitions.\10\ Commerce held consultations with the GOI and the GOR on 
January 28, 2022.\11\ On February 1, 2022, the GOI submitted pre-
initiation consultation comments.\12\
---------------------------------------------------------------------------

    \10\ See Commerce's Letters, ``Petition for the Imposition of 
Countervailing Duty Petition on Imports of Certain Sodium Nitrite 
from India: Invitation for Consultations to Discuss the 
Countervailing Duty Petition,'' dated January 18, 2022; and ``Sodium 
Nitrite from the Russian Federation: Invitation for Consultation to 
Discuss the Countervailing Duty Petition,'' dated January 14, 2022.
    \11\ See Memoranda, ``Countervailing Duty Petition on Sodium 
Nitrite from India: Consultations with Officials from the Government 
of India,'' dated January 28, 2022; and ``Countervailing Duty 
Petition on Sodium Nitrite from the Russian Federation: 
Consultations with Officials from the Government of the Russian 
Federation,'' dated January 31, 2022.
    \12\ See GOI's Letter, ``Pre-Initiation Consultation Note on the 
Petition for Initiation of Countervailing Duty Investigation 
concerning imports of Certain Sodium Nitrite from India (Case No. 
533-907),'' dated February 1, 2022.
---------------------------------------------------------------------------

Determination of Industry Support for the Petitions

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A)

[[Page 7110]]

of the Act provides that a petition meets this requirement if the 
domestic producers or workers who support the petition account for: (i) 
At least 25 percent of the total production of the domestic like 
product; and (ii) more than 50 percent of the production of the 
domestic like product produced by that portion of the industry 
expressing support for, or opposition to, the petition. Moreover, 
section 702(c)(4)(D) of the Act provides that, if the petition does not 
establish support of domestic producers or workers accounting for more 
than 50 percent of the total production of the domestic like product, 
Commerce shall: (i) Poll the industry or rely on other information in 
order to determine if there is support for the petition, as required by 
subparagraph (A); or (ii) determine industry support using a 
statistically valid sampling method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\13\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\14\
---------------------------------------------------------------------------

    \13\ See section 771(10) of the Act.
    \14\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F. 2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------

    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigations.\15\ Based on our analysis of the information 
submitted on the record, we have determined that sodium nitrite, as 
defined in the scope, constitutes a single domestic like product, and 
we have analyzed industry support in terms of that domestic like 
product.\16\
---------------------------------------------------------------------------

    \15\ See Petitions at Volume I at 10-15.
    \16\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see Country-Specific CVD Initiation Checklists, ``Countervailing 
Duty Investigation Initiation Checklists: Sodium Nitrite from India 
and the Russian Federation,'' dated concurrently with this Federal 
Register notice and on file electronically via ACCESS (Country-
Specific CVD Initiation Checklists) at Attachment II, Analysis of 
Industry Support for the Antidumping and Countervailing Duty 
Petitions Covering Sodium Nitrite from India and the Russian 
Federation (Attachment II).
---------------------------------------------------------------------------

    In determining whether the petitioner has standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in the appendix to 
this notice. To establish industry support, the petitioner provided its 
own total production of sodium nitrite during the calendar year 
2021.\17\ The petitioner also provided an estimate of the 2021 
production for the only other known U.S. producer of sodium nitrite, 
SABIC Innovative Chemicals US, LLC.\18\ The petitioner then compared 
its own production to the total volume of sodium nitrite produced by 
the U.S. industry.\19\ We relied on data provided by the petitioner for 
purposes of measuring industry support.\20\
---------------------------------------------------------------------------

    \17\ See Petitions at Volume I at 3; see also General Issues 
Supplement at 3-4; General Issues Errata at 1.
    \18\ See Petitions at Volume I at 3 and Exhibit I-1; see also 
General Issues Supplement at 3-4 and Exhibit I-25; General Issues 
Errata at 1; and Second General Issues Supplement at 1 and Exhibit 
I-28.
    \19\ See General Issues Supplement at 4; see also General Issues 
Errata at 1.
    \20\ See Petitions at Volume I at 3 and Exhibit I-1; see also 
General Issues Supplement at 3-4 and Exhibit I-25; General Issues 
Errata at 1; and Second General Issues Supplement at 1 and Exhibit 
I-28. For further discussion, see Attachment II of the Country-
Specific CVD Initiation Checklists.
---------------------------------------------------------------------------

    Our review of the data provided in the Petitions, the General 
Issues Supplement, General Issues Errata, Second General Issues 
Supplement, and other information readily available to Commerce 
indicates that the petitioner has established industry support for the 
Petitions. First, the Petitions established support from domestic 
producers (or workers) accounting for more than 50 percent of the total 
production of the domestic like product and, as such, Commerce is not 
required to take further action in order to evaluate industry support 
(e.g., polling).\21\ Second, the domestic producers (or workers) have 
met the statutory criteria for industry support under section 
702(c)(4)(A)(i) of the Act because the domestic producers (or workers) 
who support the Petitions account for at least 25 percent of the total 
production of the domestic like product.\22\ Finally, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 702(c)(4)(A)(ii) of the Act because the domestic 
producers (or workers) who support the Petitions account for more than 
50 percent of the production of the domestic like product produced by 
that portion of the industry expressing support for, or opposition to, 
the Petitions.\23\ Accordingly, Commerce determines that the Petitions 
were filed on behalf of the domestic industry within the meaning of 
section 702(b)(1) of the Act.\24\
---------------------------------------------------------------------------

    \21\ See Country-Specific CVD Initiation Checklists at 
Attachment II; see also section 702(c)(4)(D) of the Act.
    \22\ See Country-Specific CVD Initiation Checklists at 
Attachment II.
    \23\ Id.
    \24\ Id.
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Injury Test

    Because India and Russia are ``Subsidies Agreement Countries'' 
within the meaning of section 701(b) of the Act, section 701(a)(2) of 
the Act applies to these investigations. Accordingly, the ITC must 
determine whether imports of the subject merchandise from India and/or 
Russia materially injure, or threaten material injury to, a U.S. 
industry.

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioner 
alleges that subject imports exceed the negligibility threshold 
provided for under section 771(24)(A) of the Act.\25\
---------------------------------------------------------------------------

    \25\ See Petitions at Volume I at 15 and Exhibit I-7; see also 
General Issues Supplement at 4 and Exhibit I-26; General Issues 
Errata at 1-2 and Exhibit I-26.
---------------------------------------------------------------------------

    The petitioner contends that the industry's injured condition is 
illustrated by a significant and increasing volume of subject imports; 
declining market share; underselling and price depression and 
suppression; lost sales and revenues; declines in production, 
shipments, capacity utilization, and employment; and decline in sales 
revenues and negative

[[Page 7111]]

impact on operating profits.\26\ We assessed the allegations and 
supporting evidence regarding material injury, threat of material 
injury, causation, as well as negligibility, and we have determined 
that these allegations are properly supported by adequate evidence, and 
meet the statutory requirements for initiation.\27\
---------------------------------------------------------------------------

    \26\ See Petitions at Volume I at 15-34 and Exhibits I-5, I-7, 
I-9 through I-15, and I-18; see also General Issues Supplement at 4-
7 and Exhibits I-22 through I-24 and I-27.
    \27\ See Country-Specific CVD Initiation Checklists at 
Attachment III, Analysis of Allegations and Evidence of Material 
Injury and Causation for the Antidumping and Countervailing Duty 
Petitions Covering Sodium Nitrite from India and the Russian 
Federation (Attachment III).
---------------------------------------------------------------------------

Initiation of CVD Investigations

    Based upon the examination of the Petitions and supplemental 
responses, we find that they meet the requirements of section 702 of 
the Act. Therefore, we are initiating CVD investigations to determine 
whether imports of sodium nitrite from India and Russia benefit from 
countervailable subsidies conferred by the GOI and the GOR, 
respectively. In accordance with section 703(b)(1) of the Act and 19 
CFR 351.205(b)(1), unless postponed, we will make our preliminary 
determinations no later than 65 days after the date of these 
initiations.

India

    Based on our review of the CVD Petition on sodium nitrite from 
India, we find that there is sufficient information to initiate a CVD 
investigation on all 21 alleged programs. For a full discussion of the 
basis for our decision to initiate on each program, see the India CVD 
Initiation Checklist. A public version of the initiation checklist for 
this investigation is available on ACCESS.

Russia

    Based on our review of the CVD Petition on sodium nitrite from 
Russia, we find that there is sufficient information to initiate a CVD 
investigation on ten of the 11 alleged programs. For a full discussion 
of the basis for our decision to initiate on ten of the programs and to 
not initiate on one program, see the Russia CVD Initiation Checklist. A 
public version of the initiation checklist for this investigation is 
available on ACCESS.

Respondent Selection

    In the Petitions, the petitioner identified four companies in India 
and one company in Russia as producers/exporters of sodium nitrite.\28\ 
Commerce intends to follow its standard practice in CVD investigations 
and calculate company-specific subsidy rates in this investigation.
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    \28\ See Volume I of the Petitions at 9-10 and Exhibit I-6.
---------------------------------------------------------------------------

India

    In the event Commerce determines that the number of Indian 
producers/exporters is large and it cannot individually examine each 
company based upon Commerce's resources,\29\ Commerce intends to select 
respondents based on U.S. Customs and Border Protection (CBP) data for 
U.S. imports of sodium nitrite from India during the POI under the 
appropriate Harmonized Tariff Schedule of the United States numbers 
listed in the ``Scope of the Investigations,'' in the appendix.
---------------------------------------------------------------------------

    \29\ See section 777A(e)(2) of the Act and 19 CFR 351.204(c)(2).
---------------------------------------------------------------------------

    On January 25, 2022, Commerce released CBP data for U.S. imports of 
sodium nitrite from India under Administrative Protective Order (APO) 
to all parties with access to information protected by APO and 
indicated that interested parties wishing to comment on the CBP data 
and/or respondent selection must do so within three business days of 
the publication date of the notice of initiation of these 
investigations.\30\ Comments must be filed electronically using ACCESS. 
An electronically filed document must be received successfully, in its 
entirety, by ACCESS no later than 5:00 p.m. ET on the specified 
deadline. Commerce will not accept rebuttal comments regarding the CBP 
data or respondent selection. We intend to select respondents within 20 
days of publication of this notice.
---------------------------------------------------------------------------

    \30\ See Memorandum, ``Countervailing Duty Petition on Imports 
of Sodium Nitrite from India: Release of U.S. Customs and Border 
Protection Data,'' dated January 25, 2022.
---------------------------------------------------------------------------

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found on Commerce's website at https://enforcement.trade.gov/apo.

Russia

    In the Petition, the petitioner named only one company as a 
producer/exporter of sodium nitrite in Russia, UralChem, JSC.\31\ 
Furthermore, we placed CBP import data onto the record of this 
proceeding, which corroborates the existence of UralChem, JSC as the 
sole producer/exporter in the foreign market,\32\ and we currently know 
of no additional producers/exporters of subject merchandise from 
Russia. Accordingly, Commerce intends to examine all known producers/
exporters in this investigation (i.e., the company referenced above). 
As noted in the aforementioned Russia CBP Import Data Release Memo, we 
invite interested parties to comment on this issue within three days of 
publication of this notice in the Federal Register. Commerce will not 
accept rebuttal comments regarding respondent selection for Russia. 
Because we intend to examine all known producers/exporters, if no 
comments are received or if comments received further support the 
existence of this sole producer/exporter in Russia, we do not intend to 
conduct respondent selection and will proceed to issuing the initial 
countervailing duty questionnaire to the company identified. However, 
if comments are received that create a need for a respondent selection 
process, we intend to finalize our decisions regarding respondent 
selection within 20 days of publication of this notice.
---------------------------------------------------------------------------

    \31\ See Volume I of the Petitions at 10 and Exhibits I-6, I-10, 
and I-17; see also General Issues Supplement at 2-3.
    \32\ See Memorandum, ``Sodium Nitrite from the Russian 
Federation Countervailing Duty Petition: Release of Customs Data 
from U.S. Customs and Border Protection,'' dated January 28, 2022 
(Russia CBP Import Data Release Memo).
---------------------------------------------------------------------------

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found on Commerce's website at https://enforcement.trade.gov/apo.

Distribution of Copies of the Petitions

    In accordance with section 702(b)(4)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the Petitions have been 
provided to the GOI and GOR via ACCESS. To the extent practicable, we 
will attempt to provide a copy of the public version of the Petitions 
to each exporter named in the Petitions, as provided under 19 CFR 
351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of its initiation, as required by 
section 702(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petitions were filed, whether there is a reasonable 
indication that subject imports are materially injuring, or threatening 
material injury to, a U.S. industry.\33\ A negative ITC determination 
for any country will result in the investigation being terminated with 
respect to that

[[Page 7112]]

country.\34\ Otherwise, these CVD investigations will proceed according 
to the statutory and regulatory time limits.
---------------------------------------------------------------------------

    \33\ See section 703(a) of the Act.
    \34\ Id.
---------------------------------------------------------------------------

Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Section 351.301(b) of Commerce's 
regulations requires any party, when submitting factual information, to 
specify under which subsection of 19 CFR 351.102(b)(21) the information 
is being submitted \35\ and, if the information is submitted to rebut, 
clarify, or correct factual information already on the record, to 
provide an explanation identifying the information already on the 
record that the factual information seeks to rebut, clarify, or 
correct.\36\ Time limits for the submission of factual information are 
addressed in 19 CFR 351.301, which provides specific time limits based 
on the type of factual information being submitted. Interested parties 
should review the regulations prior to submitting factual information 
in these investigations.
---------------------------------------------------------------------------

    \35\ See 19 CFR 351.301(b).
    \36\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------

Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by Commerce. In general, an extension request will 
be considered untimely if it is filed after the expiration of the time 
limit established under 19 CFR 351.301. For submissions that are due 
from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, Commerce may elect to specify a different 
time limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, Commerce will inform parties in a letter or memorandum of the 
deadline (including a specified time) by which extension requests must 
be filed to be considered timely. An extension request must be made in 
a separate, stand-alone submission; Commerce will grant untimely filed 
requests for the extension of time limits only in limited cases where 
we determine, based on 19 CFR 351.302, that extraordinary circumstances 
exist. Parties should review Commerce's regulations concerning factual 
information prior to submitting factual information in these 
investigations.\37\
---------------------------------------------------------------------------

    \37\ See 19 CFR 351.301; see also Extension of Time Limits; 
Final Rule, 78 FR 57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
---------------------------------------------------------------------------

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\38\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\39\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \38\ See section 782(b) of the Act.
    \39\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. Parties wishing to participate 
in these investigations should ensure that they meet the requirements 
of 19 CFR 351.103(d) (e.g., by filing the required letters of 
appearance).
    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act, and 19 CFR 351.203(c).

    Dated: February 2, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigations

    The product covered by these investigations is sodium nitrite in 
any form, at any purity level. In addition, the sodium nitrite 
covered by these investigations may or may not contain an anti-
caking 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 
NaNO2, 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 investigations, 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. 2022-02634 Filed 2-4-22; 8:45 am]
BILLING CODE 3510-DS-P

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