Sodium Nitrite From the Russian Federation: Countervailing Duty Order, 51341-51343 [2022-18054]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 87, Number 161 (Monday, August 22, 2022)]
[Notices]
[Pages 51341-51343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18054]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-821-837]


Sodium Nitrite From the Russian Federation: Countervailing Duty 
Order

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

SUMMARY: Based on affirmative final determinations by the U.S. 
Department of Commerce (Commerce) and the U.S. International Trade 
Commission (ITC), Commerce is issuing the countervailing duty order on 
sodium nitrite from the Russian Federation (Russia).

DATES: Applicable August 22, 2022.

FOR FURTHER INFORMATION CONTACT: Melissa Porpotage, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1413.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with section 705(d) of the Tariff Act of 1930, as 
amended (the Act), on June 28, 2022, Commerce published its affirmative 
final determination in the countervailing duty investigation of sodium 
nitrite from Russia.\1\ On August 15, 2022, the ITC notified Commerce 
of its affirmative final determination that an industry in the United 
States is materially injured within the meaning of section 
705(b)(1)(A)(i) of the Act by reason of subsidized imports of subject 
merchandise from Russia.\2\
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    \1\ See Sodium Nitrite from the Russian Federation: Final 
Affirmative Duty Determination, 87 FR 38375 (June 28, 2022).
    \2\ See ITC'S Letter, ``Notification of ITC Final 
Determination,'' dated August 15, 2022.
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Scope of the Order

    The product covered by this order is sodium nitrite from Russia. 
For a

[[Page 51342]]

complete description of the scope of the order, see the appendix to 
this notice.

Countervailing Duty Order

    As noted above, on August 15, 2022, in accordance with section 
705(d) of the Act, the ITC notified Commerce of its final determination 
in this investigation, in which it found that an industry in the United 
States is materially injured by reason of subsidized imports of sodium 
nitrite from Russia.\3\ Therefore, in accordance with section 705(c)(2) 
of the Act, Commerce is issuing this countervailing duty order. Because 
the ITC determined that imports of sodium nitrite from Russia are 
materially injuring a U.S. industry, unliquidated entries of such 
merchandise from Russia, entered or withdrawn from warehouse for 
consumption, are subject to the assessment of countervailing duties.
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    \3\ Id.
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    In accordance with section 706(a) of the Act, Commerce will direct 
U.S. Customs and Border Protection (CBP) to assess, upon further 
instruction by Commerce, countervailing duties for all relevant entries 
of sodium nitrite from Russia. With the exception of entries occurring 
after the expiration of the provisional measures period and before the 
publication of the ITC's final affirmative injury determination, as 
further described below, countervailing duties will be assessed on 
unliquidated entries of sodium nitrite from Russia entered, or 
withdrawn from warehouse, for consumption on or after April 15, 2022, 
the date of publication of the Preliminary Determination.\4\
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    \4\ See Sodium Nitrite from the Russian Federation: Preliminary 
Affirmative Countervailing Duty Determination, 87 FR 22504 (April 
15, 2022).
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Suspension of Liquidation

    In accordance with section 706 of the Act, Commerce will instruct 
CBP to reinstitute the suspension of liquidation of sodium nitrite from 
Russia, effective the date of publication of the ITC's final 
affirmative injury determination in the Federal Register, and to 
assess, upon further instruction by Commerce, pursuant to section 
706(a)(1) of the Act, countervailing duties for each entry of the 
subject merchandise in an amount based on the net countervailable 
subsidy rates below. On or after the date of publication of the ITC's 
final injury determination in the Federal Register, CBP must require, 
at the same time as importers would normally deposit estimated customs 
duties on this merchandise, a cash deposit equal to the rates listed in 
the table below. The all-others rate applies to all producers or 
exporters not specifically listed, as appropriate.

------------------------------------------------------------------------
                                                           Subsidy rate
                    Producer/exporter                        (percent)
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UralChem, JSC *.........................................          386.24
All Others..............................................          386.24
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* Rate based on adverse facts available.

Provisional Measures

    Section 703(d) of the Act states that suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months. In the underlying investigation, 
Commerce published the Preliminary Determination on April 15, 2022. 
Therefore, the four-month period beginning on the date of the 
publication of the Preliminary Determination ended on August 12, 2022.
    In accordance with section 703(d) of the Act, we instructed CBP to 
terminate the suspension of liquidation and to liquidate, without 
regard to countervailing duties, unliquidated entries of sodium nitrite 
from Russia entered, or withdrawn from warehouse, for consumption after 
August 12, 2022, the final day on which the provisional measures were 
in effect, until and through the day preceding the date of publication 
of the ITC's final injury determination in the Federal Register. 
Suspension of liquidation and the collection of cash deposits will 
resume on the date of publication of the ITC's final determination in 
the Federal Register.

Establishment of the Annual Inquiry Service Lists

    On September 20, 2021, Commerce published the final rule titled 
``Regulations to Improve Administration and Enforcement of Antidumping 
and Countervailing Duty Laws'' in the Federal Register.\5\ On September 
27, 2021, Commerce also published the notice titled ``Scope Ruling 
Application; Annual Inquiry Service List; and Informational Sessions'' 
in the Federal Register.\6\ The Final Rule and Procedural Guidance 
provide that Commerce will maintain an annual inquiry service list for 
each order or suspended investigation, and any interested party 
submitting a scope ruling application or request for circumvention 
inquiry shall serve a copy of the application or request on the persons 
on the annual inquiry service list for that order, as well as any 
companion order covering the same merchandise from the same country of 
origin.\7\
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    \5\ See Regulations to Improve Administration and Enforcement of 
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 
2021) (Final Rule).
    \6\ See Scope Ruling Application; Annual Inquiry Service List; 
and Informational Sessions, 86 FR 53205 (September 27, 2021) 
(Procedural Guidance).
    \7\ Id.
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    In accordance with the Procedural Guidance, for orders published in 
the Federal Register after November 4, 2021, Commerce will create an 
annual inquiry service list segment in Commerce's online e-filing and 
document management system, Antidumping and Countervailing Duty 
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the 
notice of the order. Each annual inquiry service list will be saved in 
ACCESS, under each case number, and under a specific segment type 
called ``AISL-Annual Inquiry Service List.'' \8\
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    \8\ This segment will be combined with the ACCESS Segment 
Specific Information (SSI) field, which will display the month in 
which the notice of the order or suspended investigation was 
published in the Federal Register, also known as the anniversary 
month. For example, for an order under case number A-000-000 that 
was published in the Federal Register in January, the relevant 
segment and SSI combination will appear in ACCESS as ``AISL-January 
Anniversary.'' Note that there will be only one annual inquiry 
service list segment per case number, and the anniversary month will 
be pre-populated in ACCESS.
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    Interested parties who wish to be added to the annual inquiry 
service list for an order must submit an entry of appearance to the 
annual inquiry service list segment for the order in ACCESS within 30 
days after the date of publication of the order. For ease of 
administration, Commerce requests that law firms with more than one 
attorney representing interested parties in an order designate a lead 
attorney to be included on the annual inquiry service list. Commerce 
will finalize the annual inquiry service list within five business days 
thereafter. As mentioned in the Procedural Guidance, the new annual 
inquiry service list will be in place until the following year, when 
the Opportunity Notice for the anniversary month of the order is 
published.
    Commerce may update an annual inquiry service list at any time as 
needed based on interested parties' amendments to their entries of 
appearance to remove or otherwise modify their list of members and 
representatives or to update contact information. Any changes or 
announcements pertaining to these procedures will be posted to the 
ACCESS website at https://access.trade.gov.

[[Page 51343]]

Special Instructions for Petitioners and Foreign Governments

    In the Final Rule, Commerce stated that, ``after an initial request 
and placement on the annual inquiry service list, both petitioners and 
foreign governments will automatically be placed on the annual inquiry 
service list in the years that follow.'' \9\ Accordingly, as stated 
above, the petitioner and the Government of Russia should submit their 
initial entry of appearance after publication of this notice in order 
to appear in the first annual inquiry service list. Pursuant to 19 CFR 
351.225(n)(3), the petitioner and the Government of Russia will not 
need to resubmit their entries of appearance each year to continue to 
be included on the annual inquiry service list. However, the petitioner 
and the Government of Russia are responsible for making amendments to 
their entries of appearance during the annual update to the annual 
inquiry service list in accordance with the procedures described above.
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    \9\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties

    This notice constitutes the countervailing duty order with respect 
to sodium nitrite from Russia, pursuant to section 706(a) of the Act. 
Interested parties can find a list of countervailing duty orders 
currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
    This countervailing order is issued and published in accordance 
with section 706(a) of the Act and 19 CFR 351.211(b).

    Dated: August 15, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Order

    The merchandise covered by this order 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 anti-caking agent. 
Examples of names commonly used to reference sodium nitrite are 
nitrous acid, sodium salt, anti-rust, diazotizing salts, erinitrit, 
and filmerine. Sodium nitrite's chemical composition is 
NaNO2, and it is generally classified under subheading 
2834.10.1000 of the Harmonized Tariff Schedule of the United States 
(HTSUS). The American Chemical Society Chemical Abstract Service 
(CAS) has assigned the name ``sodium nitrite'' to sodium nitrite. 
The CAS registry number is 7632-00-0. For purposes of the scope of 
this order, 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. 2022-18054 Filed 8-19-22; 8:45 am]
BILLING CODE 3510-DS-P