Sodium Nitrite From India and the Russian Federation: Initiation of Less-Than-Fair-Value Investigations, 7122-7127 [2022-02635]
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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entered, or withdrawn from warehouse,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.
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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).
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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:
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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.
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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
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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’’).
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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).
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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,
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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).
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12 See
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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.
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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.
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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.
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28 See
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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
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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
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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
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]]>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]
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
[[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).
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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\
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\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.
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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\
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\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\
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\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.
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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\
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\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).
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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\
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\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.
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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.
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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.''
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\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\
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\33\ See Russia AD Initiation Checklist.
\34\ Id.
\35\ Id.
\36\ Id.
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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\
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\37\ See Country-Specific AD Initiation Checklists.
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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
