Sodium Nitrite From India and the Russian Federation: Initiation of Less-Than-Fair-Value Investigations, 7122-7127 [2022-02635]

Download as PDF 7122 Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices 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). 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. Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the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 Corinth will be the rate shown above; (2) for previously investigated companies not participating in this review, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review, or the original less-than-fair-value (LTFV) investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent segment for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 10.26 percent, the all-others rate made effective by the LTFV investigation.10 These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Interested Parties This notice is being issued and published in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213. khammond on DSKJM1Z7X2PROD with NOTICES Notification to Importers This notice 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 serves as the only 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), which continues to govern business proprietary information in this segment of the proceeding. Timely written 10 See Large Diameter Welded Pipe from Greece: Amended Final Affirmative Antidumping Determination and Antidumping Duty Order, 84 FR 18769 (May 2, 2019). VerDate Sep<11>2014 16:16 Feb 07, 2022 Jkt 256001 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. Application of Facts Available and Use of Adverse Inferences V. Discussion of the Issues Comment 1: Application of Total Adverse Facts Available (AFA) for Corinth’s Failure to Provide an Adequate Cost Reconciliation Comment 2: Application of Total AFA for Corinth’s Failure to Provide Adequate Cost Buildups Comment 3: Application of Partial AFA to Corinth’s Unreconciled Costs Comment 4: Adjustment of Corinth’s Reported Interest Expense Ratio to Account for Certain Excluded Expenses Comment 5: Inclusion of ‘‘Idle’’ Costs in Corinth’s General and Administrative (G&A) Expenses Comment 6: Application of Partial AFA to Services Provided by Dia.Vi.Pe.Thi.V S.A Comment 7: Double Counting of Foreign Port Charges on U.S. Sales Comment 8: Section 232 Duty Deduction from Corinth’s Constructed Export Price (CEP) VI. Recommendation [FR Doc. 2022–02637 Filed 2–7–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–906, A–821–836] Sodium Nitrite From India and the Russian Federation: Initiation of LessThan-Fair-Value Investigations Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable February 2, 2022. FOR FURTHER INFORMATION CONTACT: Joy Zhang (India) or Paola Aleman Ordaz (the Russian Federation (Russia)); AD/ CVD Operations, Offices III and IV, AGENCY: PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 respectively, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1168 and (202) 482–4031, respectively. SUPPLEMENTARY INFORMATION: The Petitions On January 13, 2022, the Department of Commerce (Commerce) received antidumping duty (AD) 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 Petitions were accompanied by countervailing duty (CVD) petitions concerning imports of sodium nitrite from India and Russia.2 Between January 19 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 the supplemental questionnaires on January 21, 24, and 27, 2022.4 1 See Petitioner’s Letter, ‘‘Sodium Nitrite from India and Russia: Antidumping and Countervailing 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 and the Russian Federation: Supplemental Questions,’’ dated January 19, 2022; ‘‘Petition for the Imposition of Antidumping Duties on Imports of Sodium Nitrite from India: Supplemental Questions,’’ dated January 19, 2022; and ‘‘Petition for the Imposition of Antidumping Duties on Imports of Sodium Nitrite from the Russian Federation: AD Questions,’’ dated January 20, 2022; see also Memoranda, ‘‘Phone Call with Counsel to the Petitioner,’’ dated January 27, 2022. 4 See Petitioner’s Letters, ‘‘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); ‘‘Sodium Nitrite from India: Responses to Supplemental Questions Regarding the Antidumping Duty Petition,’’ dated January 24, 2022; ‘‘Petition for the Imposition of Antidumping Duties on Imports of Sodium Nitrite from Russia: Responses to Supplemental Questions Regarding the Antidumping Duty Petition,’’ dated January 24, 2022; ‘‘Sodium Nitrite from India and Russia: Second Supplemental Questionnaire Response to Petition General Issues,’’ dated January 27, 2022 (Second General Issues Supplement); ‘‘Sodium Nitrite from India: Responses to Second Supplemental Questions Regarding the Antidumping Duty Petition,’’ dated January 27, 2022; and ‘‘Petition for the Imposition of Antidumping Duties on Imports of Sodium Nitrite from Russia: Responses to Second Supplemental Questions Regarding the Antidumping Duty Petition,’’ dated January 27, 2022. E:\FR\FM\08FEN1.SGM 08FEN1 Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices In accordance with section 732(b) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that imports of sodium nitrite from India and Russia are being, or are likely to be, sold in the United States at less than fair value (LTFV) within the meaning of section 731 of the Act, 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 732(b)(1) of the Act, 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 LTFV investigations.5 Periods of Investigation Because the Petitions were filed on January 13, 2022, the period of investigation (POI) for these LTFV investigations is January 1, 2021, through December 31, 2021, pursuant to 19 CFR 351.204(b)(1).6 khammond on DSKJM1Z7X2PROD with NOTICES 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 the 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).7 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,8 all such factual information should be limited to public information. To facilitate preparation of its questionnaires, Commerce requests that all interested parties submit such comments by 5:00 p.m. Eastern Time (ET) on February 22, 2022, which is 20 calendar days from 5 See infra, section titled ‘‘Determination of Industry Support for the Petitions.’’ 6 See 19 CFR 351.204(b)(1). 7 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 8 See 19 CFR 351.102(b)(21) (defining ‘‘factual information’’). VerDate Sep<11>2014 16:16 Feb 07, 2022 Jkt 256001 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 that parties consider relevant to the scope of these investigations be submitted during this 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 submissions 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 via Enforcement and Compliance’s Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS), unless an exception applies.9 An electronically-filed document must be received successfully in its entirety by the time and date on which it is due. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information until further notice.10 Comments on Product Characteristics Commerce is providing interested parties an opportunity to comment on the appropriate physical characteristics of sodium nitrite to be reported in response to Commerce’s AD questionnaires. This information will be used to identify the key physical characteristics of the subject merchandise in order to report the relevant costs of production accurately, as well as to develop appropriate product-comparison criteria. Interested parties may provide any information or comments that they feel are relevant to the development of an accurate list of physical characteristics. Specifically, they may provide comments as to which characteristics are appropriate to use as: (1) General 9 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 help 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_on_Electronic_ Filing_Procedures.pdf. 10 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 7123 product characteristics; and (2) product comparison criteria. We note that it is not always appropriate to use all product characteristics as product comparison criteria. We base product comparison criteria on meaningful commercial differences among products. In other words, although there may be some physical product characteristics utilized by manufacturers to describe sodium nitrite, it may be that only a select few product characteristics take into account commercially meaningful physical characteristics. In addition, interested parties may comment on the order in which the physical characteristics should be used in matching products. Generally, Commerce attempts to list the most important physical characteristics first and the least important characteristics last. In order to consider the suggestions of interested parties in developing and issuing the AD questionnaires, all product characteristics comments must be filed by 5:00 p.m. ET on February 22, 2022, which is 20 calendar days from the signature date of this notice. Any rebuttal comments must be filed by 5:00 p.m. ET on March 4, 2022, which is ten calendar days from the initial comment deadline. All comments and submissions to Commerce must be filed electronically using ACCESS, as explained above, on the record of each of the LTFV investigations. Determination of Industry Support for the Petitions Section 732(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 732(c)(4)(A) 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 732(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, E:\FR\FM\08FEN1.SGM 08FEN1 7124 Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices 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,11 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.12 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.13 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.14 In determining whether the petitioner has standing under section 732(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 11 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)). 13 See Petitions at Volume I at 10–15. 14 For a discussion of the domestic like product analysis as applied to these cases and information regarding industry support, see Country-Specific AD Initiation Checklists, ‘‘Antidumping 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 AD 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). khammond on DSKJM1Z7X2PROD with NOTICES 12 See VerDate Sep<11>2014 16:16 Feb 07, 2022 Jkt 256001 Investigations,’’ in the appendix to this notice. To establish industry support, the petitioner provided its own total production volume of sodium nitrite during the calendar year 2021.15 The petitioner also provided an estimate of the 2021 production volume for the only other known U.S. producer of sodium nitrite, SABIC Innovative Chemicals US, LLC.16 The petitioner then compared its own production volume of sodium nitrite to the total volume of sodium nitrite produced by the U.S. industry.17 We relied on data provided by the petitioner for purposes of measuring industry support.18 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).19 Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 732(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.20 Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 732(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.21 Accordingly, Commerce determines that the Petitions were filed 15 See Petitions at Volume I at 3; see also General Issues Supplement at 3–4; and General Issues Errata at 1. 16 See Petitions at Volume I at 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. 17 See General Issues Supplement at 4; see also 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. For further discussion, see Attachment II of the Country-Specific AD Initiation Checklists. 19 See Country-Specific AD Initiation Checklists at Attachment II; see also section 732(c)(4)(D) of the Act. 20 See Country-Specific AD Initiation Checklists at Attachment II. 21 Id. PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 on behalf of the domestic industry within the meaning of section 732(b)(1) of the Act.22 Allegations and Evidence of Material Injury and Causation The petitioner alleges that the U.S. industry producing the domestic like product is being materially injured, or is threatened with material injury, by reason of the imports of the subject merchandise sold at LTFV. In addition, the petitioner alleges that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.23 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 a decline in sales revenues and a negative impact on operating profits.24 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.25 Allegations of Sales at LTFV The following is a description of the allegations of sales at LTFV upon which Commerce based its decision to initiate these LTFV investigations on imports of sodium nitrite from India and Russia. The sources of data for the deductions and adjustments relating to U.S. price and normal value (NV) are discussed in greater detail in the country-specific AD initiation checklists. U.S. Price For India and Russia, the petitioner based export price (EP) on the average unit values (AUVs) of publicly available import data.26 For India, the petitioner also based EP on price quotes for the sale of sodium nitrite produced in, and 22 Id. 23 See Petitions at Volume I at 15 and Exhibit I– 7; see also General Issues Supplement at 4 and Exhibit I–26; and General Issues Errata at 1–2 and Exhibit I–26. 24 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. 25 See Country-Specific AD 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). 26 See Country-Specific AD Initiation Checklists. E:\FR\FM\08FEN1.SGM 08FEN1 Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices exported from, India and offered for sale in the United States.27 The petitioner conservatively did not adjust the U.S. prices based on AUVs for movement or other expenses incurred in India and Russia for purposes of calculating net U.S. prices.28 For India, the petitioner made certain adjustments for movement and other expenses for the U.S. price based on price quotes to calculate a net U.S. price.29 Normal Value 30 For India, the petitioner based NV on home market pricing information obtained through market research for sodium nitrite produced in and sold, or offered for sale, in India.31 For Russia, the petitioner provided information indicating that the home market price it obtained through market research was below the cost of production (COP) and, therefore, the petitioner calculated NV based on constructed value (CV).32 For further discussion of CV, see the section ‘‘Normal Value Based on Constructed Value.’’ Normal Value Based on Constructed Value As noted above, the petitioner provided information indicating that the price charged for sodium nitrite produced in and sold, or offered for sale, in Russia was below the COP; therefore, for Russia, the petitioner calculated NV based on CV.33 Pursuant to section 773(e) of the Act, the petitioner calculated CV as the sum of the cost of manufacturing; selling, general, and administrative expenses; financial expenses; and profit.34 In calculating the cost of manufacturing, the petitioner relied on its own production experience and input consumption rates, adjusted for known differences, and valued inputs using publicly available information on costs specific to Russia during the proposed POI.35 In calculating selling, general, and administrative expenses; financial expenses; and profit ratios, the petitioner relied on the 2020 financial statements of a producer of chemical 27 See India AD Initiation Checklist. Country-Specific AD Initiation Checklists. 29 See India AD Initiation Checklist. 30 In accordance with section 773(b)(2) of the Act, for these investigations, Commerce will request information necessary to calculate the constructed value (CV) and cost of production (COP) to determine whether there are reasonable grounds to believe or suspect that sales of the foreign like product have been made at prices that represent less than the COP of the product. 31 See India AD Initiation Checklist. 32 See Russia AD Initiation Checklist. 33 See Russia AD Initiation Checklist. 34 Id. 35 Id. khammond on DSKJM1Z7X2PROD with NOTICES 28 See VerDate Sep<11>2014 16:16 Feb 07, 2022 Jkt 256001 fertilizers and related mineral products and by-products in Russia.36 Fair Value Comparisons Based on the data provided by the petitioner, there is reason to believe that imports of sodium nitrite from India and Russia are being, or are likely to be, sold in the United States at LTFV. Based on comparisons of EP to NV or CV in accordance with sections 772 and 773 of the Act, the estimated dumping margins for sodium nitrite from each of the countries covered by this initiation are as follows: (1) India—53.43 to 153.30 percent; and (2) Russia—207.17 percent.37 Initiation of LTFV Investigations Based upon our examination of the Petitions and supplemental responses, we find that they meet the requirements of section 732 of the Act. Therefore, we are initiating these LTFV investigations to determine whether imports of sodium nitrite from India and Russia are being, or are likely to be, sold in the United States at LTFV. In accordance with section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determinations no later than 140 days after the date of this initiation. Respondent Selection In the Petitions, the petitioner identified four companies in India and one company in Russia as producers and/or exporters of sodium nitrite.38 With respect to India, following standard practice in LTFV investigations involving market economy countries, in the event that Commerce determines that the number of exporters or producers in any individual case is large such that it cannot individually examine each company based upon its resources, where appropriate, Commerce intends to select mandatory respondents in that case based on U.S. Customs and Border Protection (CBP) data for U.S. imports under the appropriate Harmonized Tariff Schedule of the United States subheadings listed in the ‘‘Scope of the Investigations,’’ in the appendix. On January 25 and 28, 2022, Commerce released CBP data on U.S. imports of sodium nitrite from India and Russia, respectively, under administrative protective order (APO) to all parties with access to information protected by APO and indicated that interested parties wishing to comment 36 Id. 37 See Country-Specific AD Initiation Checklists. Petitions at Volume I at 9–10 and Exhibit I–6; see also General Issues Supplement at 1–3. 38 See PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 7125 on the CBP data and/or respondent selection must do so within three business days after the publication date of the notice of initiation of these investigations.39 Commerce will not accept rebuttal comments regarding the CBP data or respondent selection. The petitioner named only one company as a producer/exporter of sodium nitrite in Russia, Uralchem, JSC (Uralchem).40 We placed CBP import data on the record of this proceeding, which supports the petitioner’s identification of Uralchem as the sole producer/exporter of sodium nitrite in Russia.41 We currently know of no other producers/exporters of subject merchandise in Russia. Accordingly, Commerce intends to examine all known producers/exporters in this investigation (i.e., Uralchem). We are providing interested parties with an opportunity to comment on the CBP data and respondent selection within three business days of publication of this notice in the Federal Register.42 As noted above, Commerce will not accept rebuttal comments regarding the CBP data or respondent selection. If no comments are received, or if the comments that Commerce receives further support the existence of Uralchem as the sole producer/exporter of sodium nitrite in Russia, we do not intend to conduct respondent selection and will issue the AD questionnaire to Uralchem. However, if Commerce receives comments that require it to select a respondent, we intend to finalize our decisions regarding respondent selection within 20 days of publication of this notice. Comments on CBP data and respondent selection must be filed electronically using ACCESS. An electronically filed document must be received successfully in its entirety via ACCESS by 5:00 p.m. ET on the specified deadline. 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. 39 See Memoranda, ‘‘Antidumping Duty Investigation of Sodium Nitrite from India: Release of Customs Data from U.S. Customs and Border Protection,’’ dated January 25, 2022, and ‘‘Antidumping Duty Petition on Imports of Sodium Nitrite from the Russian Federation: Release of U.S. Customs and Border Protection Data,’’ dated January 28, 2022 (Russia CBP Import Data Release Memorandum). 40 See Petitions at Volume IV at 10 and Exhibit IV–1. 41 See Russia CBP Import Data Release Memorandum. 42 Id. E:\FR\FM\08FEN1.SGM 08FEN1 7126 Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices Distribution of Copies of the Petitions In accordance with section 732(b)(3)(A) of the Act and 19 CFR 351.202(f), copies of the public version of the Petitions have been provided to the governments of India and Russia 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 We will notify the ITC of our initiation, as required by section 732(d) of the Act. khammond on DSKJM1Z7X2PROD with NOTICES 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 imports of sodium nitrite from India and/or Russia are materially injuring, or threatening material injury to, a U.S. industry.43 A negative ITC determination for any country will result in the investigation being terminated with respect to that country.44 Otherwise, these LTFV investigations will proceed according to statutory and regulatory time limits. 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 45 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.46 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 43 See section 733(a) of the Act. 44 Id. 45 See 46 See 19 CFR 351.301(b). 19 CFR 351.301(b)(2). VerDate Sep<11>2014 16:16 Feb 07, 2022 Jkt 256001 submitting factual information in these investigations. Particular Market Situation Allegation Section 773(e) of the Act addresses the concept of particular market situation (PMS) for purposes of CV, stating that ‘‘if a particular market situation exists such that the cost of materials and fabrication or other processing of any kind does not accurately reflect the cost of production in the ordinary course of trade, the administering authority may use another calculation methodology under this subtitle or any other calculation methodology.’’ When an interested party submits a PMS allegation pursuant to section 773(e) of the Act, Commerce will respond to such a submission consistent with 19 CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section 773(e) of the Act, then it will modify its dumping calculations appropriately. Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set a deadline for the submission of PMS allegations and supporting factual information. However, in order to administer section 773(e) of the Act, Commerce must receive PMS allegations and supporting factual information with enough time to consider the submission. Thus, should an interested party wish to submit a PMS allegation and supporting new factual information pursuant to section 773(e) of the Act, it must do so no later than 20 days after submission of a respondent’s initial section D questionnaire response. 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, we 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, we 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 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 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.47 Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.48 Parties must use the certification formats provided in 19 CFR 351.303(g).49 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 a letter of appearance as discussed). Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.50 This notice is issued and published pursuant to sections 732(c)(2) 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 47 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. 48 See section 782(b) of the Act. 49 See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to frequently asked questions regarding the Final Rule are available at https://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 50 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). E:\FR\FM\08FEN1.SGM 08FEN1 Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices 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. 2022–02635 Filed 2–4–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Meeting of the Civil Nuclear Trade Advisory Committee International Trade Administration, Department of Commerce. ACTION: Notice of a partially closed federal advisory committee meeting. AGENCY: This notice sets forth the schedule and proposed agenda for a partially closed meeting of the Civil Nuclear Trade Advisory Committee (CINTAC). SUMMARY: The meeting is scheduled for Thursday, February 17, 2022, from 10:00 a.m. to 3:00 p.m. Eastern Standard Time (EST). The deadline for members of the public to register to participate, including requests to make comments during the meeting and for auxiliary aids, or to submit written comments for dissemination prior to the meeting, is 5:00 p.m. EST on Friday, February 11, 2022. ADDRESSES: The meeting will be held virtually via Microsoft Teams. Requests to register to participate (including to speak or for auxiliary aids) and any written comments should be submitted via email to Mr. Jonathan Chesebro, Office of Energy & Environmental Industries, International Trade Administration, at jonathan.chesebro@ trade.gov. DATES: Mr. Jonathan Chesebro, Office of Energy & Environmental Industries, International Trade Administration (Phone: 202–482– 1297; email: jonathan.chesebro@ trade.gov). khammond on DSKJM1Z7X2PROD with NOTICES FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Background: The CINTAC was established under the discretionary authority of the Secretary of Commerce and in accordance with the Federal Advisory Committee Act, as amended (5 U.S.C. app.), in response to an identified need for consensus advice from U.S. VerDate Sep<11>2014 16:16 Feb 07, 2022 Jkt 256001 industry to the U.S. Government regarding the development and administration of programs to expand United States exports of civil nuclear goods and services in accordance with applicable U.S. laws and regulations, including advice on how U.S. civil nuclear goods and services export policies, programs, and activities will affect the U.S. civil nuclear industry’s competitiveness and ability to participate in the international market. The Department of Commerce renewed the CINTAC charter on August 5, 2020. This meeting is being convened under the seventh charter of the CINTAC. Topics to be considered: The agenda for the CINTAC meeting on Thursday, February 17, 2022, is as follows: Closed Session (10:00 a.m.–1:00 p.m.)—Discussion of matters determined to be exempt from the provisions of the Federal Advisory Committee Act relating to public meetings found in 5 U.S.C. app. (10)(a)(1) and 10(a)(3). The session will be closed to the public pursuant to Section 10(d) of FACA as amended by Section 5(c) of the Government in Sunshine Act, Public Law 94–409, and in accordance with Section 552b(c)(4) and Section 552b(c)(9)(B) of Title 5, United States Code, which authorize closure of meetings that are ‘‘likely to disclose trade secrets and commercial or financial information obtained from a person and privileged or confidential’’ and ‘‘likely to significantly frustrate implementation of a proposed agency action,’’ respectively. The part of the meeting that will be closed will address (1) nuclear cooperation agreements; (2) encouraging ratification of the Convention on Supplementary Compensation for Nuclear Damage; and (3) identification of specific trade barriers impacting the U.S. civil nuclear industry. Public Session (1:00 p.m.–3:00 p.m.)—Discuss work of the subcommittees, review of deliberative recommendations, and opportunity to hear from members of the public. Members of the public wishing to attend the public session of the meeting must notify Mr. Chesebro at the contact information above by 5:00 p.m. EST on Friday, February 11, 2022 in order to pre-register to participate. Please specify any requests for reasonable accommodation at least five business days in advance of the meeting. Last minute requests will be accepted but may not be possible to fill. A limited amount of time will be available for brief oral comments from members of the public attending the meeting. To accommodate as many speakers as PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 7127 possible, the time for public comments will be limited to two (2) minutes per person, with a total public comment period of 30 minutes. Individuals wishing to reserve speaking time during the meeting must contact Mr. Chesebro and submit a brief statement of the general nature of the comments and the name and address of the proposed participant by 5:00 p.m. EST on Friday, February 11, 2022. If the number of registrants requesting to make statements is greater than can be reasonably accommodated during the meeting, the International Trade Administration may conduct a lottery to determine the speakers. Any member of the public may submit written comments concerning the CINTAC’s affairs at any time before or after the meeting. Comments may be submitted to Mr. Jonathan Chesebro at Jonathan.chesebro@trade.gov. For consideration during the meeting, and to ensure transmission to the Committee prior to the meeting, comments must be received no later than 5:00 p.m. EST on Friday, February 11, 2022. Comments received after that date will be distributed to the members but may not be considered at the meeting. Copies of CINTAC meeting minutes will be available within 90 days of the meeting. Dated: February 3, 2022. Devin Horne, Senior International Trade Specialist, Office of Energy and Environmental Industries. [FR Doc. 2022–02590 Filed 2–7–22; 8:45 am] BILLING CODE 3510–DR–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XB785] Pacific Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meeting. AGENCY: The Pacific Fishery Management Council’s (Pacific Council) will convene a webinar meeting of its Groundfish Management Team (GMT) to discuss items on the Pacific Council’s March 2022 meeting agenda. This meeting is open to the public. DATES: The online meeting will be held on Wednesday, February 23, 2022, from 1 p.m. to 4 p.m. Pacific Standard Time. The scheduled ending time for this SUMMARY: E:\FR\FM\08FEN1.SGM 08FEN1

Agencies

[Federal Register Volume 87, Number 26 (Tuesday, February 8, 2022)]
[Notices]
[Pages 7122-7127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02635]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-906, A-821-836]


Sodium Nitrite From India and the Russian Federation: Initiation 
of Less-Than-Fair-Value Investigations

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


DATES: Applicable February 2, 2022.

FOR FURTHER INFORMATION CONTACT: Joy Zhang (India) or Paola Aleman 
Ordaz (the Russian Federation (Russia)); AD/CVD Operations, Offices III 
and IV, respectively, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1168 and (202) 482-4031, 
respectively.

SUPPLEMENTARY INFORMATION:

The Petitions

    On January 13, 2022, the Department of Commerce (Commerce) received 
antidumping duty (AD) 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 Petitions were accompanied by countervailing duty (CVD) 
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 19 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 the supplemental questionnaires on January 21, 24, 
and 27, 2022.\4\
---------------------------------------------------------------------------

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

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[[Page 7123]]

    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that imports of sodium 
nitrite from India and Russia are being, or are likely to be, sold in 
the United States at less than fair value (LTFV) within the meaning of 
section 731 of the Act, 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 
732(b)(1) of the Act, 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 LTFV investigations.\5\
---------------------------------------------------------------------------

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

Periods of Investigation

    Because the Petitions were filed on January 13, 2022, the period of 
investigation (POI) for these LTFV investigations is January 1, 2021, 
through December 31, 2021, pursuant to 19 CFR 351.204(b)(1).\6\
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.204(b)(1).
---------------------------------------------------------------------------

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 the 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).\7\ 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,\8\ all 
such factual information should be limited to public information. To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit such 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.
---------------------------------------------------------------------------

    \7\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \8\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
---------------------------------------------------------------------------

    Commerce requests that any factual information that parties 
consider relevant to the scope of these investigations be submitted 
during this 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 
submissions 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 via 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), unless an exception 
applies.\9\ An electronically-filed document must be received 
successfully in its entirety by the time and date on which it is due. 
Note that Commerce has temporarily modified certain of its requirements 
for serving documents containing business proprietary information until 
further notice.\10\
---------------------------------------------------------------------------

    \9\ 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 help 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_on_Electronic_Filing_Procedures.pdf.
    \10\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
---------------------------------------------------------------------------

Comments on Product Characteristics

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of sodium nitrite to be 
reported in response to Commerce's AD questionnaires. This information 
will be used to identify the key physical characteristics of the 
subject merchandise in order to report the relevant costs of production 
accurately, as well as to develop appropriate product-comparison 
criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. Specifically, they may provide comments as to 
which characteristics are appropriate to use as: (1) General product 
characteristics; and (2) product comparison criteria. We note that it 
is not always appropriate to use all product characteristics as product 
comparison criteria. We base product comparison criteria on meaningful 
commercial differences among products. In other words, although there 
may be some physical product characteristics utilized by manufacturers 
to describe sodium nitrite, it may be that only a select few product 
characteristics take into account commercially meaningful physical 
characteristics. In addition, interested parties may comment on the 
order in which the physical characteristics should be used in matching 
products. Generally, Commerce attempts to list the most important 
physical characteristics first and the least important characteristics 
last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaires, all product 
characteristics comments must be filed by 5:00 p.m. ET on February 22, 
2022, which is 20 calendar days from the signature date of this notice. 
Any rebuttal comments must be filed by 5:00 p.m. ET on March 4, 2022, 
which is ten calendar days from the initial comment deadline. All 
comments and submissions to Commerce must be filed electronically using 
ACCESS, as explained above, on the record of each of the LTFV 
investigations.

Determination of Industry Support for the Petitions

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) 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 732(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,

[[Page 7124]]

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,\11\ 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.\12\
---------------------------------------------------------------------------

    \11\ See section 771(10) of the Act.
    \12\ 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.\13\ 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.\14\
---------------------------------------------------------------------------

    \13\ See Petitions at Volume I at 10-15.
    \14\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see Country-Specific AD Initiation Checklists, ``Antidumping 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 AD 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 
732(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 volume of sodium nitrite during the calendar year 
2021.\15\ The petitioner also provided an estimate of the 2021 
production volume for the only other known U.S. producer of sodium 
nitrite, SABIC Innovative Chemicals US, LLC.\16\ The petitioner then 
compared its own production volume of sodium nitrite to the total 
volume of sodium nitrite produced by the U.S. industry.\17\ We relied 
on data provided by the petitioner for purposes of measuring industry 
support.\18\
---------------------------------------------------------------------------

    \15\ See Petitions at Volume I at 3; see also General Issues 
Supplement at 3-4; and General Issues Errata at 1.
    \16\ See Petitions at Volume I at 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.
    \17\ See General Issues Supplement at 4; see also 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. For further discussion, see Attachment II of the Country-
Specific AD 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).\19\ Second, the domestic producers (or workers) have 
met the statutory criteria for industry support under section 
732(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.\20\ Finally, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 732(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.\21\ Accordingly, Commerce determines that the Petitions 
were filed on behalf of the domestic industry within the meaning of 
section 732(b)(1) of the Act.\22\
---------------------------------------------------------------------------

    \19\ See Country-Specific AD Initiation Checklists at Attachment 
II; see also section 732(c)(4)(D) of the Act.
    \20\ See Country-Specific AD Initiation Checklists at Attachment 
II.
    \21\ Id.
    \22\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at LTFV. In addition, the petitioner alleges that 
subject imports exceed the negligibility threshold provided for under 
section 771(24)(A) of the Act.\23\
---------------------------------------------------------------------------

    \23\ See Petitions at Volume I at 15 and Exhibit I-7; see also 
General Issues Supplement at 4 and Exhibit I-26; and 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 a decline in sales 
revenues and a negative impact on operating profits.\24\ 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.\25\
---------------------------------------------------------------------------

    \24\ 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.
    \25\ See Country-Specific AD 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).
---------------------------------------------------------------------------

Allegations of Sales at LTFV

    The following is a description of the allegations of sales at LTFV 
upon which Commerce based its decision to initiate these LTFV 
investigations on imports of sodium nitrite from India and Russia. The 
sources of data for the deductions and adjustments relating to U.S. 
price and normal value (NV) are discussed in greater detail in the 
country-specific AD initiation checklists.

U.S. Price

    For India and Russia, the petitioner based export price (EP) on the 
average unit values (AUVs) of publicly available import data.\26\ For 
India, the petitioner also based EP on price quotes for the sale of 
sodium nitrite produced in, and

[[Page 7125]]

exported from, India and offered for sale in the United States.\27\ The 
petitioner conservatively did not adjust the U.S. prices based on AUVs 
for movement or other expenses incurred in India and Russia for 
purposes of calculating net U.S. prices.\28\ For India, the petitioner 
made certain adjustments for movement and other expenses for the U.S. 
price based on price quotes to calculate a net U.S. price.\29\
---------------------------------------------------------------------------

    \26\ See Country-Specific AD Initiation Checklists.
    \27\ See India AD Initiation Checklist.
    \28\ See Country-Specific AD Initiation Checklists.
    \29\ See India AD Initiation Checklist.
---------------------------------------------------------------------------

Normal Value 30
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    \30\ In accordance with section 773(b)(2) of the Act, for these 
investigations, Commerce will request information necessary to 
calculate the constructed value (CV) and cost of production (COP) to 
determine whether there are reasonable grounds to believe or suspect 
that sales of the foreign like product have been made at prices that 
represent less than the COP of the product.
---------------------------------------------------------------------------

    For India, the petitioner based NV on home market pricing 
information obtained through market research for sodium nitrite 
produced in and sold, or offered for sale, in India.\31\ For Russia, 
the petitioner provided information indicating that the home market 
price it obtained through market research was below the cost of 
production (COP) and, therefore, the petitioner calculated NV based on 
constructed value (CV).\32\ For further discussion of CV, see the 
section ``Normal Value Based on Constructed Value.''
---------------------------------------------------------------------------

    \31\ See India AD Initiation Checklist.
    \32\ See Russia AD Initiation Checklist.
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Normal Value Based on Constructed Value

    As noted above, the petitioner provided information indicating that 
the price charged for sodium nitrite produced in and sold, or offered 
for sale, in Russia was below the COP; therefore, for Russia, the 
petitioner calculated NV based on CV.\33\ Pursuant to section 773(e) of 
the Act, the petitioner calculated CV as the sum of the cost of 
manufacturing; selling, general, and administrative expenses; financial 
expenses; and profit.\34\ In calculating the cost of manufacturing, the 
petitioner relied on its own production experience and input 
consumption rates, adjusted for known differences, and valued inputs 
using publicly available information on costs specific to Russia during 
the proposed POI.\35\ In calculating selling, general, and 
administrative expenses; financial expenses; and profit ratios, the 
petitioner relied on the 2020 financial statements of a producer of 
chemical fertilizers and related mineral products and by-products in 
Russia.\36\
---------------------------------------------------------------------------

    \33\ See Russia AD Initiation Checklist.
    \34\ Id.
    \35\ Id.
    \36\ Id.
---------------------------------------------------------------------------

Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to 
believe that imports of sodium nitrite from India and Russia are being, 
or are likely to be, sold in the United States at LTFV. Based on 
comparisons of EP to NV or CV in accordance with sections 772 and 773 
of the Act, the estimated dumping margins for sodium nitrite from each 
of the countries covered by this initiation are as follows: (1) India--
53.43 to 153.30 percent; and (2) Russia--207.17 percent.\37\
---------------------------------------------------------------------------

    \37\ See Country-Specific AD Initiation Checklists.
---------------------------------------------------------------------------

Initiation of LTFV Investigations

    Based upon our examination of the Petitions and supplemental 
responses, we find that they meet the requirements of section 732 of 
the Act. Therefore, we are initiating these LTFV investigations to 
determine whether imports of sodium nitrite from India and Russia are 
being, or are likely to be, sold in the United States at LTFV. In 
accordance with section 733(b)(1)(A) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determinations no later than 140 days after the date of this 
initiation.

Respondent Selection

    In the Petitions, the petitioner identified four companies in India 
and one company in Russia as producers and/or exporters of sodium 
nitrite.\38\ With respect to India, following standard practice in LTFV 
investigations involving market economy countries, in the event that 
Commerce determines that the number of exporters or producers in any 
individual case is large such that it cannot individually examine each 
company based upon its resources, where appropriate, Commerce intends 
to select mandatory respondents in that case based on U.S. Customs and 
Border Protection (CBP) data for U.S. imports under the appropriate 
Harmonized Tariff Schedule of the United States subheadings listed in 
the ``Scope of the Investigations,'' in the appendix.
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    \38\ See Petitions at Volume I at 9-10 and Exhibit I-6; see also 
General Issues Supplement at 1-3.
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    On January 25 and 28, 2022, Commerce released CBP data on U.S. 
imports of sodium nitrite from India and Russia, respectively, 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 after the publication date of the notice 
of initiation of these investigations.\39\ Commerce will not accept 
rebuttal comments regarding the CBP data or respondent selection.
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    \39\ See Memoranda, ``Antidumping Duty Investigation of Sodium 
Nitrite from India: Release of Customs Data from U.S. Customs and 
Border Protection,'' dated January 25, 2022, and ``Antidumping Duty 
Petition on Imports of Sodium Nitrite from the Russian Federation: 
Release of U.S. Customs and Border Protection Data,'' dated January 
28, 2022 (Russia CBP Import Data Release Memorandum).
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    The petitioner named only one company as a producer/exporter of 
sodium nitrite in Russia, Uralchem, JSC (Uralchem).\40\ We placed CBP 
import data on the record of this proceeding, which supports the 
petitioner's identification of Uralchem as the sole producer/exporter 
of sodium nitrite in Russia.\41\ We currently know of no other 
producers/exporters of subject merchandise in Russia. Accordingly, 
Commerce intends to examine all known producers/exporters in this 
investigation (i.e., Uralchem). We are providing interested parties 
with an opportunity to comment on the CBP data and respondent selection 
within three business days of publication of this notice in the Federal 
Register.\42\ As noted above, Commerce will not accept rebuttal 
comments regarding the CBP data or respondent selection. If no comments 
are received, or if the comments that Commerce receives further support 
the existence of Uralchem as the sole producer/exporter of sodium 
nitrite in Russia, we do not intend to conduct respondent selection and 
will issue the AD questionnaire to Uralchem. However, if Commerce 
receives comments that require it to select a respondent, we intend to 
finalize our decisions regarding respondent selection within 20 days of 
publication of this notice.
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    \40\ See Petitions at Volume IV at 10 and Exhibit IV-1.
    \41\ See Russia CBP Import Data Release Memorandum.
    \42\ Id.
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    Comments on CBP data and respondent selection must be filed 
electronically using ACCESS. An electronically filed document must be 
received successfully in its entirety via ACCESS by 5:00 p.m. ET on the 
specified deadline. 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.

[[Page 7126]]

Distribution of Copies of the Petitions

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the Petitions have been 
provided to the governments of India and Russia 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

    We will notify the ITC of our initiation, as required by section 
732(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 imports of sodium nitrite from India and/or Russia are 
materially injuring, or threatening material injury to, a U.S. 
industry.\43\ A negative ITC determination for any country will result 
in the investigation being terminated with respect to that country.\44\ 
Otherwise, these LTFV investigations will proceed according to 
statutory and regulatory time limits.
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    \43\ See section 733(a) of the Act.
    \44\ Id.
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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 \45\ 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.\46\ 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.
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    \45\ See 19 CFR 351.301(b).
    \46\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation

    Section 773(e) of the Act addresses the concept of particular 
market situation (PMS) for purposes of CV, stating that ``if a 
particular market situation exists such that the cost of materials and 
fabrication or other processing of any kind does not accurately reflect 
the cost of production in the ordinary course of trade, the 
administering authority may use another calculation methodology under 
this subtitle or any other calculation methodology.'' When an 
interested party submits a PMS allegation pursuant to section 773(e) of 
the Act, Commerce will respond to such a submission consistent with 19 
CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section 
773(e) of the Act, then it will modify its dumping calculations 
appropriately.
    Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set 
a deadline for the submission of PMS allegations and supporting factual 
information. However, in order to administer section 773(e) of the Act, 
Commerce must receive PMS allegations and supporting factual 
information with enough time to consider the submission. Thus, should 
an interested party wish to submit a PMS allegation and supporting new 
factual information pursuant to section 773(e) of the Act, it must do 
so no later than 20 days after submission of a respondent's initial 
section D questionnaire response.

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, we 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, we 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.\47\
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    \47\ 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.
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Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\48\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\49\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \48\ See section 782(b) of the Act.
    \49\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to 
frequently asked questions regarding the Final Rule are 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 a letter of appearance as 
discussed). Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\50\
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    \50\ 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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    This notice is issued and published pursuant to sections 732(c)(2) 
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

[[Page 7127]]

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. 2022-02635 Filed 2-4-22; 8:45 am]
BILLING CODE 3510-DS-P