Sodium Nitrite From the Russian Federation: Final Affirmative Determination of Sales at Less Than Fair Value, 55781-55782 [2022-19655]

Download as PDF 55781 Federal Register / Vol. 87, No. 175 / Monday, September 12, 2022 / Notices Federation (Russia) is being, or is likely to be, sold in the United States at less than fair value (LTFV) during the period of investigation (POI) January 1, 2021, through December 31, 2021. during the subsequent 15-day period to November 7, 2022. A copy of the application will be available for public inspection in the ‘‘Online FTZ Information Section’’ section of the FTZ Board’s website, which is accessible via www.trade.gov/ ftz. For further information, contact Camille Evans at Camille.Evans@ trade.gov. DATES: Applicable September 12, 2022. FOR FURTHER INFORMATION CONTACT: Paola Aleman Ordaz, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4031. Dated: September 7, 2022. Andrew McGilvray, Executive Secretary. [FR Doc. 2022–19626 Filed 9–9–22; 8:45 am] BILLING CODE 3510–DS–P SUPPLEMENTARY INFORMATION: Background DEPARTMENT OF COMMERCE On June 28, 2022, Commerce published the Preliminary Determination in this LTFV investigation in the Federal Register.1 Although we provided interested parties with an opportunity to comment on the Preliminary Determination, no interested party submitted comments. Accordingly, we did not make any changes to our Preliminary Determination and we there is no decision memorandum that accompanies this Federal Register notice. International Trade Administration [A–821–836] Sodium Nitrite From the Russian Federation: Final Affirmative Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that sodium nitrite from the Russian AGENCY: Scope of the Investigation The product covered by this investigation is sodium nitrite in any form, at any purity level, from Russia. For a full description of the scope of this investigation, see the appendix to this notice. Use of Adverse Facts Available (AFA) Pursuant to section 776(a) and (b) of the Tariff Act of 1930, as amended (the Act), we have continued to base the dumping margin for the sole mandatory respondent, Uralchem, JSC, upon facts otherwise available, with adverse inferences, because it failed to respond to Commerce’s antidumping duty questionnaire. All-Others Rate As discussed in the Preliminary Determination, in the absence of a calculated estimated weighted-average dumping margin on the record of this investigation, Commerce has assigned the Petition 2 rate of 207.17 percent to all other producers and exporters, pursuant to section 735(c)(5)(A) of the Act. Final Determination Commerce determines that the following estimated weighted-average dumping margins exist: Estimated weightedaverage dumping margin (percent) Exporter/producer Uralchem, JSC ......................................................................................................................................................... All Others ................................................................................................................................................................. Disclosure lotter on DSK11XQN23PROD with NOTICES1 Normally, Commerce discloses to parties to the proceeding the calculations performed in connection with a final determination within five days of any public announcement of the final determination or, if there is no public announcement, within five days of the date of publication of the notice of the final determination in the Federal Register, in accordance with 19 CFR 351.224(b). However, because Commerce based the sole respondent’s 1 See Sodium Nitrite from the Russian Federation: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 87 FR 38377 (June 28, 2022) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Chemtrade Chemicals US LLC’s Letters ‘‘Sodium Nitrite from India and Russia: Antidumping and Countervailing Duty Petitions,’’ dated January 13, 2022 (Petition); and ‘‘Petition for the Imposition of Antidumping Duties on Imports VerDate Sep<11>2014 17:06 Sep 09, 2022 Jkt 256001 207.17 207.17 Cash deposit rate adjusted for subsidy offset (percent) 3 25.73 25.73 Commerce will direct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of entries of the merchandise described in the scope of this investigation where that merchandise was entered, or withdrawn from warehouse, for consumption on or after June 28, 2022, which is the date of publication of the Preliminary Determination in this investigation in the Federal Register. Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), Commerce will also instruct CBP to require the posting of an antidumping duty cash deposit. Commerce normally adjusts estimated weighted-average dumping margins determined in an LTFV investigation by the amount of the export subsidies countervailed in a companion countervailing duty (CVD) investigation to determine the antidumping duty cash deposit rates. Because there is a of Sodium Nitrite from Russia: Responses to Second Supplemental Questions Regarding the Antidumping Duty Petition,’’ dated January 27, 2022, at Exhibit IV–34. 3 In the final determination in the companion countervailing duty (CVD) investigation, Commerce applied the AFA rate of 45.36 percent to each of the following export subsidy programs: (1) Preferential Lending by Sberbank to Restructure $3.99 Billion in Uralchem Debt; (2) State Financing for Industrial Export Projects; (3) Russian Export Center (REC) Lending; and (4) State Specialized Russian ExportImport Bank (Eximbank) Financing. We subtracted 181.44 percent, the sum of the export subsidy rates, from the estimated weighted-average dumping margin of 207.17 percent to derive the 25.73 percent cash deposit rate. See Sodium Nitrite from the Russian Federation: Final Affirmative Countervailing Duty Determination, 87 FR 38375 (June 28, 2022) (Final CVD Determination). dumping margin on the Petition rate, there are no calculations to disclose. Continuation of Suspension of Liquidation PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM 12SEN1 55782 Federal Register / Vol. 87, No. 175 / Monday, September 12, 2022 / Notices lotter on DSK11XQN23PROD with NOTICES1 companion CVD investigation in this case,4 we offset the estimated weightedaverage dumping margins listed in the table above by the appropriate export subsidy rate to derive the cash deposit rates listed in the table. Should the 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 equal to the estimated weighted-average dumping margins listed in the table above. The cash deposit requirements are as follows: (1) the cash deposit rate for Uralchem, JSC is the cash deposit rate listed for that company in the table above; (2) if the exporter of the subject merchandise is not identified in the table above, but the producer is, then the cash deposit rate will be equal to the company-specific cash deposit rate established for the producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others cash deposit rate listed in the table above. These suspension of liquidation instructions will remain in effect until further notice. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, before the later of 120 days after the date that Commerce made its affirmative preliminary determination in this investigation or 45 days after the date of this final determination. If the ITC determines that material injury, or the threat of material injury, does not exist, the proceeding will be terminated, and all cash deposits will be refunded. If the ITC determines that material injury, or the threat of material injury, exists, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise, entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. 4 See Notification Regarding Administrative Protective Order This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the return, or 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 violation subject to sanction. Notification to Interested Parties This determination is being issued and published in accordance with sections 735(d) and 777(i) of the Act, and 19 CFR 351.210(c). Dated: September 6, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix 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 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 investigation, 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. 2022–19655 Filed 9–9–22; 8:45 am] BILLING CODE 3510–DS–P 17:06 Sep 09, 2022 Jkt 256001 PO 00000 International Trade Administration [C–570–980] Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2019 and Notice of Amended Final Results of Countervailing Duty Review, 2019; Corrections Enforcement and Compliance, International Trade Administration, Department of Commerce. ACTION: Notice; corrections. AGENCY: The U.S. Department of Commerce (Commerce) published a notice in the Federal Register on July 7, 2022, in which Commerce announced the final results, and partial rescission, of the 2019 administrative review of the countervailing duty (CVD) order on crystalline silicon photovoltaic cells, whether or not assembled into modules, (solar cells) from the People’s Republic of China (China). This notice inadvertently included two companies in Appendix III, which is a list of companies for which Commerce rescinded the review, instead of listing them in Appendix II, which is a list of ‘‘Non-Selected Companies Under Review.’’ We also incorrectly titled Appendix III ‘‘Intent to Rescind Review, In Part,’’ instead of ‘‘Rescission of Review, In Part.’’ Further, Commerce also published a notice in the Federal Register of August 15, 2022, in which Commerce amended the final results of the administrative review. In this notice, Commerce also inadvertently did not list the same two companies as ‘‘NonSelected Companies Under Review’’ in the appendix. We are correcting these inadvertent errors with this notice, as described below. FOR FURTHER INFORMATION CONTACT: Robert Copyak, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3642. SUPPLEMENTARY INFORMATION: SUMMARY: Corrections In the Federal Register of July 7, 2022, in FR Doc 2022–14420, on page 40493 in the third column and on 40494 in the first column, correct Appendix III to: (1) change the title to ‘‘Rescission of Review, In Part’’; and (2) exclude ‘‘26. LERRI Solar Technology Co., Ltd.’’ and Final CVD Determination. VerDate Sep<11>2014 DEPARTMENT OF COMMERCE Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM 12SEN1

Agencies

[Federal Register Volume 87, Number 175 (Monday, September 12, 2022)]
[Notices]
[Pages 55781-55782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19655]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-836]


Sodium Nitrite From the Russian Federation: Final Affirmative 
Determination of Sales at Less Than Fair Value

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
sodium nitrite from the Russian Federation (Russia) is being, or is 
likely to be, sold in the United States at less than fair value (LTFV) 
during the period of investigation (POI) January 1, 2021, through 
December 31, 2021.

DATES: Applicable September 12, 2022.

FOR FURTHER INFORMATION CONTACT: Paola Aleman Ordaz, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4031.

SUPPLEMENTARY INFORMATION:

Background

    On June 28, 2022, Commerce published the Preliminary Determination 
in this LTFV investigation in the Federal Register.\1\ Although we 
provided interested parties with an opportunity to comment on the 
Preliminary Determination, no interested party submitted comments. 
Accordingly, we did not make any changes to our Preliminary 
Determination and we there is no decision memorandum that accompanies 
this Federal Register notice.
---------------------------------------------------------------------------

    \1\ See Sodium Nitrite from the Russian Federation: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 87 FR 
38377 (June 28, 2022) (Preliminary Determination), and accompanying 
Preliminary Decision Memorandum.
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is sodium nitrite in any 
form, at any purity level, from Russia. For a full description of the 
scope of this investigation, see the appendix to this notice.

Use of Adverse Facts Available (AFA)

    Pursuant to section 776(a) and (b) of the Tariff Act of 1930, as 
amended (the Act), we have continued to base the dumping margin for the 
sole mandatory respondent, Uralchem, JSC, upon facts otherwise 
available, with adverse inferences, because it failed to respond to 
Commerce's antidumping duty questionnaire.

All-Others Rate

    As discussed in the Preliminary Determination, in the absence of a 
calculated estimated weighted-average dumping margin on the record of 
this investigation, Commerce has assigned the Petition \2\ rate of 
207.17 percent to all other producers and exporters, pursuant to 
section 735(c)(5)(A) of the Act.
---------------------------------------------------------------------------

    \2\ See Chemtrade Chemicals US LLC's Letters ``Sodium Nitrite 
from India and Russia: Antidumping and Countervailing Duty 
Petitions,'' dated January 13, 2022 (Petition); 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, at Exhibit 
IV-34.
---------------------------------------------------------------------------

Final Determination

    Commerce determines that the following estimated weighted-average 
dumping margins exist:
---------------------------------------------------------------------------

    \3\ In the final determination in the companion countervailing 
duty (CVD) investigation, Commerce applied the AFA rate of 45.36 
percent to each of the following export subsidy programs: (1) 
Preferential Lending by Sberbank to Restructure $3.99 Billion in 
Uralchem Debt; (2) State Financing for Industrial Export Projects; 
(3) Russian Export Center (REC) Lending; and (4) State Specialized 
Russian Export-Import Bank (Eximbank) Financing. We subtracted 
181.44 percent, the sum of the export subsidy rates, from the 
estimated weighted-average dumping margin of 207.17 percent to 
derive the 25.73 percent cash deposit rate. See Sodium Nitrite from 
the Russian Federation: Final Affirmative Countervailing Duty 
Determination, 87 FR 38375 (June 28, 2022) (Final CVD 
Determination).

------------------------------------------------------------------------
                                             Estimated     Cash deposit
                                             weighted-     rate adjusted
            Exporter/producer                 average       for subsidy
                                          dumping margin      offset
                                             (percent)     (percent) \3\
------------------------------------------------------------------------
Uralchem, JSC...........................          207.17           25.73
All Others..............................          207.17           25.73
------------------------------------------------------------------------

Disclosure

    Normally, Commerce discloses to parties to the proceeding the 
calculations performed in connection with a final determination within 
five days of any public announcement of the final determination or, if 
there is no public announcement, within five days of the date of 
publication of the notice of the final determination in the Federal 
Register, in accordance with 19 CFR 351.224(b). However, because 
Commerce based the sole respondent's dumping margin on the Petition 
rate, there are no calculations to disclose.

Continuation of Suspension of Liquidation

    Commerce will direct U.S. Customs and Border Protection (CBP) to 
continue to suspend liquidation of entries of the merchandise described 
in the scope of this investigation where that merchandise was entered, 
or withdrawn from warehouse, for consumption on or after June 28, 2022, 
which is the date of publication of the Preliminary Determination in 
this investigation in the Federal Register. Pursuant to section 
735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), Commerce will also 
instruct CBP to require the posting of an antidumping duty cash 
deposit.
    Commerce normally adjusts estimated weighted-average dumping 
margins determined in an LTFV investigation by the amount of the export 
subsidies countervailed in a companion countervailing duty (CVD) 
investigation to determine the antidumping duty cash deposit rates. 
Because there is a

[[Page 55782]]

companion CVD investigation in this case,\4\ we offset the estimated 
weighted-average dumping margins listed in the table above by the 
appropriate export subsidy rate to derive the cash deposit rates listed 
in the table.
---------------------------------------------------------------------------

    \4\ See Final CVD Determination.
---------------------------------------------------------------------------

    Should the 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 equal to the estimated weighted-average 
dumping margins listed in the table above.
    The cash deposit requirements are as follows: (1) the cash deposit 
rate for Uralchem, JSC is the cash deposit rate listed for that company 
in the table above; (2) if the exporter of the subject merchandise is 
not identified in the table above, but the producer is, then the cash 
deposit rate will be equal to the company-specific cash deposit rate 
established for the producer of the subject merchandise; and (3) the 
cash deposit rate for all other producers and exporters will be equal 
to the all-others cash deposit rate listed in the table above.
    These suspension of liquidation instructions will remain in effect 
until further notice.

U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, Commerce will notify 
the U.S. International Trade Commission (ITC) of its final affirmative 
determination of sales at LTFV. Because the final determination in this 
proceeding is affirmative, in accordance with section 735(b)(2) of the 
Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, before the later of 120 days after the 
date that Commerce made its affirmative preliminary determination in 
this investigation or 45 days after the date of this final 
determination. If the ITC determines that material injury, or the 
threat of material injury, does not exist, the proceeding will be 
terminated, and all cash deposits will be refunded. If the ITC 
determines that material injury, or the threat of material injury, 
exists, Commerce will issue an antidumping duty order directing CBP to 
assess, upon further instruction by Commerce, antidumping duties on all 
imports of the subject merchandise, entered, or withdrawn from 
warehouse, for consumption on or after the effective date of the 
suspension of liquidation.

Notification Regarding Administrative Protective Order

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the 
return, or 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 violation subject to sanction.

Notification to Interested Parties

    This determination is being issued and published in accordance with 
sections 735(d) and 777(i) of the Act, and 19 CFR 351.210(c).

    Dated: September 6, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

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 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 investigation, 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. 2022-19655 Filed 9-9-22; 8:45 am]
BILLING CODE 3510-DS-P