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