Sodium Nitrite From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 50604-50606 [2022-17721]
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50604
Federal Register / Vol. 87, No. 158 / Wednesday, August 17, 2022 / Notices
Interested parties will be notified of the
timeline for the submission of such case
briefs and written comments at a later
date. Rebuttal briefs, limited to issues
raised in case briefs, may be submitted
no later than seven days after the
deadline date for case briefs.10 Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.11 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
this investigation are encouraged to
submit with each argument: (1) a
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
JSPEARS on DSK121TN23PROD with NOTICES
Postponement of Final Determination
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Pursuant to 19 CFR 351.210(e), on July
28, 2022, Chemical Products
Corporation (the petitioner) requested
that Commerce postpone the final
determination in the event of a negative
preliminary determination.12 In
accordance with section 735(a)(2)(B) of
the Act and 19 CFR 351.210(b)(2)(i),
because: (1) the preliminary
include scope-related issues. The scope case briefs
deadline was July 20, 2022. See Preliminary Scope
Decision Memorandum at 1.
10 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
11 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
12 See Petitioner’s Letter, ‘‘Antidumping
Investigation of Barium Chloride from India:
Petitioner’s Request for Postponement of Final
Determination,’’ dated July 28, 2022.
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determination is negative; (2) the
petitioner has requested postponement
of the final determination; and (3) no
compelling reasons for denial exist,
Commerce is postponing the final
determination. Accordingly, Commerce
will make its final determination no
later than 135 days after the date of
publication of this preliminary
determination, pursuant to section
735(a)(2) of the Act.
U.S. International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its preliminary determination. If
Commerce’s final determination is
affirmative, then the ITC will determine
before the later of 120 days after the date
of this preliminary determination or 45
days after the final determination
whether imports of barium chloride are
materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act, and 19
CFR 351.205(c).
Dated: August 10, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this
investigation is barium chloride, a chemical
compound having the formulas BaCl2 or
BaCl2-2H2O, currently classifiable under
subheading 2827.39.4500 of the Harmonized
Tariff Schedule of the United States
(HTSUS). Although the HTSUS subheading
is provided for convenience and customs
purposes, the written description of the
scope of this investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Affiliation/Single Entity Treatment
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2022–17622 Filed 8–16–22; 8:45 am]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–906]
Sodium Nitrite From India: Preliminary
Affirmative Determination of Sales at
Less Than Fair Value, Postponement
of Final Determination, and Extension
of Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that sodium nitrite from
India is being, or is likely to be, sold in
the United States at less than fair value
(LTFV). The period of investigation
(POI) is January 1, 2021, through
December 31, 2021. Interested parties
are invited to comment on this
preliminary determination.
DATES: Applicable August 17, 2022.
FOR FURTHER INFORMATION CONTACT:
Patrick Barton, or Joy Zhang, AD/CVD
Operations, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0012 or (202) 482–1168,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on February 8, 2022.1 On June 8, 2022,
Commerce postponed the preliminary
determination of this investigation until
August 11, 2022.2 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
Memorandum.3 A list of topics included
in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
1 See Sodium Nitrite from India and the Russian
Federation: Initiation of Less-Than-Fair-Value
Investigations, 87 FR 7122 (February 8, 2022)
(Initiation Notice).
2 See Sodium Nitrite from India: Postponement of
Preliminary Determinations in the Less-Than-FairValue Investigation, 87 FR 34851 (June 8, 2022).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Sodium Nitrite from
India’’ dated concurrently with, and hereby adopted
by, this notice (Preliminary Decision
Memorandum).
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50605
Federal Register / Vol. 87, No. 158 / Wednesday, August 17, 2022 / Notices
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Investigation
The product covered by this
investigation is sodium nitrite from
India. For a complete description of the
scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 No interested
parties submitted comments on the
scope of this investigation.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated export prices in accordance
with section 772(a) of the Act. Normal
value is calculated in accordance with
section 773 of the Act. For a full
description of the methodology
underlying the preliminary
determination, see the Preliminary
Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that in the
preliminary determination, Commerce
shall determine an estimated all-others
rate for all exporters and producers not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
Commerce calculated an individual
estimated weighted-average dumping
margin for Deepak Nitrite Limited
(Deepak), the only individually
examined exporter/producer in this
investigation. Because the only
individually calculated dumping margin
is not zero, de minimis, or based
entirely on facts otherwise available, the
estimated weighted-average dumping
margin calculated for Deepak is the
margin assigned to all other producers
and exporters, pursuant to section
735(c)(5)(A) of the Act.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Exporter/producer
Estimated
weighted-average
dumping margin
Cash deposit rate
(adjusted for
subsidy offset(s))
(percent) 6
58.13
58.13
57.24
57.24
Deepak Nitrite Limited .................................................................................................................................
All Others .....................................................................................................................................................
In accordance with section 733(d)(2)
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of entries of subject
merchandise, as described in Appendix
I, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19
CFR 351.205(d), Commerce will instruct
CBP to require a cash deposit equal to
the estimated weighted-average
dumping margin or the estimated allothers rate, as follows: (1) the cash
deposit rate for the respondents listed
above will be equal to the companyspecific estimated weighted-average
dumping margins determined in this
preliminary determination; (2) if the
exporter is not a respondent identified
above, but the producer is, then the cash
deposit rate will be equal to the
company-specific estimated weightedaverage dumping margin established for
that producer of the subject
merchandise; and (3) the cash deposit
rate for all other producers and
exporters will be equal to the all-others
estimated weighted-average dumping
margin.
Commerce normally adjusts cash
deposits for estimated antidumping
duties by the amount of export subsidies
countervailed in a companion
countervailing duty (CVD) proceeding
when CVD provisional measures are in
effect. Accordingly, where Commerce
preliminarily made an affirmative
determination for countervailable export
subsidies, Commerce has offset the
estimated weighted-average dumping
margin by the appropriate CVD rate.
Any such adjusted cash deposit rate
may be found in the ‘‘Preliminary
Determination’’ section, above.
Should provisional measures in the
companion CVD investigation expire
prior to the expiration of provisional
measures in this LTFV investigation,
Commerce will direct CBP to begin
collecting estimated antidumping duty
cash deposits unadjusted for
countervailed export subsidies at the
time that the provisional CVD measures
expire.
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
6 See Memorandum, ‘‘Less-Than-Fair-Value
Investigation of Sodium Nitrite from India:
Preliminary Determination Analysis Memorandum
JSPEARS on DSK121TN23PROD with NOTICES
Suspension of Liquidation
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These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued in this
investigation.7 Rebuttal briefs may be
submitted seven days after the date that
case briefs are due. Note that Commerce
for Deepak Nitrite Limited,’’ dated concurrently
with this memorandum.
7 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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50606
Federal Register / Vol. 87, No. 158 / Wednesday, August 17, 2022 / Notices
JSPEARS on DSK121TN23PROD with NOTICES
has temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.8
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) a statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of Commerce’s
regulations requires that a request by
exporters for postponement of the final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On August 10, 2022, pursuant to 19
CFR 351.210(e), Deepak requested that
Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.9 In accordance with
section 735(a)(2)(A) of the Act and 19
8 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
9 See Deepak’s Letter, ‘‘Sodium Nitrite from India;
A–533–906; Request to Extend Date for Final
Determination and Agreement to Extend
Provisional Measures,’’ dated August 10, 2022.
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CFR 351.210(b)(2)(ii), because: (1) the
preliminary determination is
affirmative; (2) the requesting exporter
accounts for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination.
IV. Scope of the Investigation
V. Postponement of Final Determination and
Extension of Provisional Measures
VI. Application of Facts Available and Use of
Adverse Inferences
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
U.S. International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, the
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination whether
imports of sodium nitrite from India are
materially injuring, or threaten material
injury to, the U.S. industry.
[RTID 0648–XC189]
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act, and 19
CFR 351.205(c) and 19 CFR 351.210(g).
Dated: August 11, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—Scope of the Investigation
The product covered by this investigation
is sodium nitrite in any form, at any purity
level. In addition, the sodium nitrite covered
by this investigation may or may not contain
an anticaking agent. Examples of names
commonly used to reference sodium nitrite
are nitrous acid, sodium salt, anti-rust,
diazotizing salts, erinitrit, and filmerine.
Sodium nitrite’s chemical composition is
NaNO2, and it is generally classified under
subheading 2834.10.1000 of the Harmonized
Tariff Schedule of the United States
(HTSUS). The American Chemical Society
Chemical Abstract Service (CAS) has
assigned the name ‘‘sodium nitrite’’ to
sodium nitrite. The CAS registry number is
7632–00–0. For purposes of the scope of this
investigation, the narrative description is
dispositive, not the tariff heading, CAS
registry number or CAS name, which are
provided for convenience and customs
purposes.
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
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[FR Doc. 2022–17721 Filed 8–16–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
South Atlantic Fishery Management
Council; Public Hearings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public hearings.
AGENCY:
The South Atlantic Fishery
Management Council (Council) will
hold two public hearings via webinar
pertaining to Amendment 51 and
Amendment 52 to the Fishery
Management Plan (FMP) for the
Snapper Grouper Fishery of the South
Atlantic Region. These amendments
address catch levels, sector allocations,
and changes to management measures
for the South Atlantic stocks of snowy
grouper and golden tilefish, and
modifications to recreational
management measures for South
Atlantic blueline tilefish.
DATES: The public hearings will take
place September 6 and 7, 2022,
beginning at 6 p.m., EDT. For specific
dates and times, see SUPPLEMENTARY
INFORMATION.
ADDRESSES: The public hearings will be
held via webinar. Information,
including a link to webinar registration
will be posted on the Council’s website
at: https://safmc.net/public-hearingsscoping-2/ as it becomes available.
Council address: South Atlantic
Fishery Management Council, 4055
Faber Place Drive, Suite 201, N
Charleston, SC 29405.
FOR FURTHER INFORMATION CONTACT: Kim
Iverson, Public Information Officer,
SAFMC; phone: (843) 571–4366 or toll
free: (866) SAFMC–10; fax: (843) 769–
4520; email: kim.iverson@safmc.net.
SUPPLEMENTARY INFORMATION: Public
hearing documents, an online public
comment form, and other materials will
be posted to the Council’s website at
https://safmc.net/public-hearingsscoping-2/ by August 23, 2022.
Comments will be accepted through 5
SUMMARY:
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Agencies
[Federal Register Volume 87, Number 158 (Wednesday, August 17, 2022)]
[Notices]
[Pages 50604-50606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17721]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-906]
Sodium Nitrite From India: Preliminary Affirmative Determination
of Sales at Less Than Fair Value, Postponement of Final Determination,
and Extension of Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that sodium nitrite from India is being, or is likely to be,
sold in the United States at less than fair value (LTFV). The period of
investigation (POI) is January 1, 2021, through December 31, 2021.
Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable August 17, 2022.
FOR FURTHER INFORMATION CONTACT: Patrick Barton, or Joy Zhang, AD/CVD
Operations, Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0012 or (202) 482-1168,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on February 8,
2022.\1\ On June 8, 2022, Commerce postponed the preliminary
determination of this investigation until August 11, 2022.\2\ For a
complete description of the events that followed the initiation of this
investigation, see the Preliminary Decision Memorandum.\3\ A list of
topics included in the Preliminary Decision Memorandum is included as
Appendix II to this notice. The Preliminary Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's
[[Page 50605]]
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\1\ See Sodium Nitrite from India and the Russian Federation:
Initiation of Less-Than-Fair-Value Investigations, 87 FR 7122
(February 8, 2022) (Initiation Notice).
\2\ See Sodium Nitrite from India: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value Investigation, 87 FR
34851 (June 8, 2022).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Sodium
Nitrite from India'' dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is sodium nitrite from
India. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ No interested
parties submitted comments on the scope of this investigation.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act. Normal value is calculated
in accordance with section 773 of the Act. For a full description of
the methodology underlying the preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination, Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely under
section 776 of the Act.
Commerce calculated an individual estimated weighted-average
dumping margin for Deepak Nitrite Limited (Deepak), the only
individually examined exporter/producer in this investigation. Because
the only individually calculated dumping margin is not zero, de
minimis, or based entirely on facts otherwise available, the estimated
weighted-average dumping margin calculated for Deepak is the margin
assigned to all other producers and exporters, pursuant to section
735(c)(5)(A) of the Act.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Cash deposit rate
Estimated (adjusted for
Exporter/producer weighted-average subsidy
dumping margin offset(s))
(percent) \6\
------------------------------------------------------------------------
Deepak Nitrite Limited............ 58.13 57.24
All Others........................ 58.13 57.24
------------------------------------------------------------------------
Suspension of Liquidation \\
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\6\ See Memorandum, ``Less-Than-Fair-Value Investigation of
Sodium Nitrite from India: Preliminary Determination Analysis
Memorandum for Deepak Nitrite Limited,'' dated concurrently with
this memorandum.
---------------------------------------------------------------------------
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows:
(1) the cash deposit rate for the respondents listed above will be
equal to the company-specific estimated weighted-average dumping
margins determined in this preliminary determination; (2) if the
exporter is not a respondent identified above, but the producer is,
then the cash deposit rate will be equal to the company-specific
estimated weighted-average dumping margin established for that producer
of the subject merchandise; and (3) the cash deposit rate for all other
producers and exporters will be equal to the all-others estimated
weighted-average dumping margin.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
countervailing duty (CVD) proceeding when CVD provisional measures are
in effect. Accordingly, where Commerce preliminarily made an
affirmative determination for countervailable export subsidies,
Commerce has offset the estimated weighted-average dumping margin by
the appropriate CVD rate. Any such adjusted cash deposit rate may be
found in the ``Preliminary Determination'' section, above.
Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, Commerce will direct CBP to begin collecting estimated
antidumping duty cash deposits unadjusted for countervailed export
subsidies at the time that the provisional CVD measures expire.
These suspension of liquidation instructions will remain in effect
until further notice.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation.\7\ Rebuttal briefs may be submitted seven days
after the date that case briefs are due. Note that Commerce
[[Page 50606]]
has temporarily modified certain of its requirements for serving
documents containing business proprietary information, until further
notice.\8\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in this investigation are
encouraged to submit with each argument: (1) a statement of the issue;
(2) a brief summary of the argument; and (3) a table of authorities.
---------------------------------------------------------------------------
\7\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\8\ 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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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On August 10, 2022, pursuant to 19 CFR 351.210(e), Deepak requested
that Commerce postpone the final determination and that provisional
measures be extended to a period not to exceed six months.\9\ In
accordance with section 735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because: (1) the preliminary determination is
affirmative; (2) the requesting exporter accounts for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, Commerce is postponing the final
determination and extending the provisional measures from a four-month
period to a period not greater than six months. Accordingly, Commerce
will make its final determination no later than 135 days after the date
of publication of this preliminary determination.
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\9\ See Deepak's Letter, ``Sodium Nitrite from India; A-533-906;
Request to Extend Date for Final Determination and Agreement to
Extend Provisional Measures,'' dated August 10, 2022.
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U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, the ITC will
determine before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination
whether imports of sodium nitrite from India are materially injuring,
or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c) and 19
CFR 351.210(g).
Dated: August 11, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The product covered by this investigation is sodium nitrite in
any form, at any purity level. In addition, the sodium nitrite
covered by this investigation may or may not contain an anticaking
agent. Examples of names commonly used to reference sodium nitrite
are nitrous acid, sodium salt, anti-rust, diazotizing salts,
erinitrit, and filmerine. Sodium nitrite's chemical composition is
NaNO2, and it is generally classified under subheading 2834.10.1000
of the Harmonized Tariff Schedule of the United States (HTSUS). The
American Chemical Society Chemical Abstract Service (CAS) has
assigned the name ``sodium nitrite'' to sodium nitrite. The CAS
registry number is 7632-00-0. For purposes of the scope of this
investigation, the narrative description is dispositive, not the
tariff heading, CAS registry number or CAS name, which are provided
for convenience and customs purposes.
Appendix II--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Postponement of Final Determination and Extension of Provisional
Measures
VI. Application of Facts Available and Use of Adverse Inferences
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2022-17721 Filed 8-16-22; 8:45 am]
BILLING CODE 3510-DS-P