Sodium Nitrite From India: Antidumping Duty and Countervailing Duty Orders, 12313-12316 [2023-03934]
Download as PDF
<![CDATA[
Federal Register / Vol. 88, No. 38 / Monday, February 27, 2023 / Notices
Notification to Interested Parties
This list of scope ruling applications
is not an identification of scope
inquiries that have been initiated. In
accordance with 19 CFR 351.225(d)(1),
if Commerce has not rejected a scope
ruling application nor initiated the
scope inquiry within 30 days after the
filing of the application, the application
will be deemed accepted and a scope
inquiry will be deemed initiated the
following day—day 31.5 Commerce’s
practice generally dictates that where a
deadline falls on a weekend, Federal
holiday, or other non-business day, the
appropriate deadline is the next
business day.6 Accordingly, if the 30th
day after the filing of the application
falls on a non-business day, the next
business day will be considered the
‘‘updated’’ 30th day, and if the
application is not rejected or a scope
inquiry initiated by or on that particular
business day, the application will be
deemed accepted and a scope inquiry
will be deemed initiated on the next
business day which follows the
‘‘updated’’ 30th day.7
In accordance with 19 CFR
351.225(m)(2), if there are companion
AD and CVD orders covering the same
merchandise from the same country of
origin, the scope inquiry will be
conducted on the record of the AD
proceeding. Further, please note that
pursuant to 19 CFR 351.225(m)(1),
Commerce may either apply a scope
ruling to all products from the same
country with the same relevant physical
characteristics, (including chemical,
dimensional, and technical
characteristics) as the product at issue,
on a country-wide basis, regardless of
the producer, exporter, or importer of
those products, or on a companyspecific basis.
For further information on procedures
for filing information with Commerce
through ACCESS and participating in
scope inquiries, please refer to the
Filing Instructions section of the Scope
Ruling Application Guide, at https://
ddrumheller on DSK120RN23PROD with NOTICES
5 In
accordance with 19 CFR 351.225(d)(2), within
30 days after the filing of a scope ruling application,
if Commerce determines that it intends to address
the scope issue raised in the application in another
segment of the proceeding (such as a circumvention
inquiry under 19 CFR 351.226 or a covered
merchandise inquiry under 19 CFR 351.227), it will
notify the applicant that it will not initiate a scope
inquiry, but will instead determine if the product
is covered by the scope at issue in that alternative
segment.
6 See Notice of Clarification: Application of ‘‘Next
Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act
of 1930, As Amended, 70 FR 24533 (May 10, 2005).
7 This structure maintains the intent of the
applicable regulation, 19 CFR 351.225(d)(1), to
allow day 30 and day 31 to be separate business
days.
VerDate Sep<11>2014
20:06 Feb 24, 2023
Jkt 259001
access.trade.gov/help/Scope_Ruling_
Guidance.pdf. Interested parties, apart
from the scope ruling applicant, who
wish to participate in a scope inquiry
and be added to the public service list
for that segment of the proceeding must
file an entry of appearance in
accordance with 19 CFR 351.103(d)(1)
and 19 CFR 351.225(n)(4). Interested
parties are advised to refer to the case
segment in ACCESS as well as 19 CFR
351.225(f) for further information on the
scope inquiry procedures, including the
timelines for the submission of
comments.
Please note that this notice of scope
ruling applications filed in AD and CVD
proceedings may be published before
any potential initiation, or after the
initiation, of a given scope inquiry
based on a scope ruling application
identified in this notice. Therefore,
please refer to the case segment on
ACCESS to determine whether a scope
ruling application has been accepted or
rejected and whether a scope inquiry
has been initiated.
Interested parties who wish to be
served scope ruling applications for a
particular AD or CVD order may file a
request to be included on the annual
inquiry service list during the
anniversary month of the publication of
the AD or CVD order in accordance with
19 CFR 351.225(n) and Commerce’s
procedures.8
Interested parties are invited to
comment on the completeness of this
monthly list of scope ruling applications
received by Commerce. Any comments
should be submitted to James Maeder,
Deputy Assistant Secretary for AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, via email to
CommerceCLU@trade.gov.
This notice of scope ruling
applications filed in AD and CVD
proceedings is published in accordance
with 19 CFR 351.225(d)(3).
Dated: February 21, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2023–03933 Filed 2–24–23; 8:45 am]
BILLING CODE 3510–DS–P
8 See Scope Ruling Application; Annual Inquiry
Service List; and Informational Sessions, 86 FR
53205 (September 27, 2021).
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
12313
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–906, C–533–907]
Sodium Nitrite From India:
Antidumping Duty and Countervailing
Duty Orders
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 antidumping duty
(AD) and countervailing duty (CVD)
orders on sodium nitrite from India.
DATES: Applicable February 27, 2023.
FOR FURTHER INFORMATION CONTACT:
Thomas Martin or Joy Zhang, AD/CVD
Operations, Offices III and IV,
Enforcement and Compliance, U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3936
and (202) 482–1168, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
In accordance with sections 705(d)
and 735(d) of the Tariff Act of 1930, as
amended (the Act), on January 6, 2023,
Commerce published its affirmative
final determination of sales at less than
fair value (LTFV) and its affirmative
final determination that countervailable
subsidies are being provided to
producers and exporters of sodium
nitrite from India.1
On February 21, 2023, pursuant to
sections 705(d) and 735(d) of the Act,
the ITC notified Commerce of its final
affirmative determinations that an
industry in the United States is
materially injured by reason of LTFV
imports and subsidized imports of
sodium nitrite from India, within the
meaning of sections 705(b)(1)(A)(i) and
735(b)(1)(A)(i) of the Act.2
Scope of the Orders
The products covered by these orders
are sodium nitrite from India. For a full
description of the scope of the orders,
see the appendix to this notice.
AD Order
Based on the above-referenced
affirmative final determinations by the
1 See Sodium Nitrite from India: Final Affirmative
Determination of Sales at Less Than Fair Value, 88
FR 1052 (January 6, 2023); see also Sodium Nitrite
from India: Final Affirmative Countervailing Duty
Determination, 88 FR 1042 (January 6, 2023).
2 See ITC’s Letter, ‘‘Notification of ITC Final
Determinations,’’ dated February 21, 2023 (ITC
Notification Letter).
E:\FR\FM\27FEN1.SGM
27FEN1
12314
Federal Register / Vol. 88, No. 38 / Monday, February 27, 2023 / Notices
ITC that an industry in the United States
is materially injured within the meaning
of section 735(b)(1)(A)(i) of the Act by
reason of LTFV imports of sodium
nitrite from India 3 in accordance with
sections 735(c)(2) and 736 of the Act,
Commerce is issuing this antidumping
duty order. Moreover, because the ITC
determined that imports of sodium
nitrite from India are materially injuring
a U.S. industry, unliquidated entries of
such merchandise from India, entered or
withdrawn from warehouse for
consumption, are subject to the
assessment of antidumping duties.
Therefore, in accordance with section
736(a)(1) of the Act, Commerce intends
to direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instruction by Commerce, antidumping
duties equal to the amount by which the
normal value of the merchandise
exceeds the export price (or constructed
export price) of the merchandise for all
relevant entries of sodium nitrite from
India. Antidumping duties will be
assessed on unliquidated entries of
sodium nitrite from India entered, or
withdrawn from warehouse, for
consumption on or after August 17,
2022, the date of publication of the AD
Preliminary Determination,4 but will
not include entries occurring after the
expiration of the provisional measures
period and before publication of the
ITC’s final injury determination, as
further described below.
Continuation of Suspension of
Liquidation—AD
Except as noted in the ‘‘Provisional
Measures—AD’’ section of this notice,
in accordance with section 736 of the
Act, Commerce intends to instruct CBP
to continue to suspend liquidation on
all relevant entries of sodium nitrite
from India. These instructions
suspending liquidation will remain in
effect until further notice.
Commerce also intends to instruct
CBP to require cash deposits equal to
the estimated weighted-average
dumping margins indicated in the table
below, adjusted by the relevant subsidy
offsets. Accordingly, effective on the
date of publication in the Federal
Register of the notice of the ITC’s final
affirmative injury determination, CBP
must require, at the same time as
importers would normally deposit
estimated customs duties on subject
merchandise, a cash deposit equal to the
rates listed in the table below.
Estimated Weighted-Average Dumping
Margins
The estimated weighted-average
dumping margins are as follows:
Estimated
weightedaverage
dumping
margin
(percent)
Exporter/producer
Deepak Nitrite Limited .............................................................................................................................................
All Others .................................................................................................................................................................
ddrumheller on DSK120RN23PROD with NOTICES
Provisional Measures—AD
Section 733(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, except where exporters
representing a significant proportion of
exports of the subject merchandise
request that Commerce extend the fourmonth period to no more than six
months. At the request of exporters that
account for a significant proportion of
sodium nitrite from India, Commerce
extended the four-month period to six
months in this AD investigation.
Commerce published the AD
Preliminary Determination on August
17, 2022.5 Therefore, the extended
provisional measures period, beginning
on the date of publication of the AD
Preliminary Determination, ended on
February 12, 2023. Pursuant to section
737(b) of the Act, the collection of cash
deposits at the rates listed above will
begin on the date of publication of the
ITC’s final injury determination.
Therefore, in accordance with section
736(a)(1) of the Act and our practice, we
will instruct CBP to terminate the
3 Id.
4 See
Sodium Nitrite from India: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination,
and Extension of Provisional Measures, 87 FR
VerDate Sep<11>2014
20:06 Feb 24, 2023
Jkt 259001
suspension of liquidation and to
liquidate, without regard to
antidumping duties, unliquidated
entries of sodium nitrite from India,
entered, or withdrawn from warehouse,
for consumption on or after February 13,
2023, the first day provisional measures
were no longer in effect, until and
through the day preceding the date of
publication of the ITC’s final injury
determination in the Federal Register.
CVD Order
As stated above, based on the abovereferenced affirmative final
determinations by the ITC 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 sodium
nitrite from India,6 in accordance with
section 705(c)(2) of the Act, Commerce
is issuing this CVD order. Moreover,
because the ITC determined that
imports of sodium nitrite from India are
materially injuring a U.S. industry,
unliquidated entries of subject
merchandise from India entered, or
withdrawn from warehouse, for
50604 (August 17, 2022) (AD Preliminary
Determination).
5 Id.
6 See ITC Notification Letter.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
44.82
44.82
Cash deposit
rate (adjusted for
subsidy offset(s))
(percent)
42.76
42.76
consumption, are subject to the
assessment of countervailing duties.
Therefore, in accordance with section
706(a) of the Act, Commerce intends to
direct CBP to assess, upon further
instruction by Commerce,
countervailing duties for all relevant
entries of sodium nitrite from India,
which are entered, or withdrawn from
warehouse, for consumption on or after
June 21, 2022, the date of publication of
the CVD Preliminary Determination, but
will not include entries occurring after
the expiration of the provisional
measures period and before the
publication of the ITC’s final injury
determination under section 705(b) of
the Act, as further described in the
‘‘Provisional Measures—CVD’’ section
of this notice.7
Suspension of Liquidation and Cash
Deposits—CVD
Therefore, in accordance with section
706 of the Act, Commerce intends to
instruct CBP to reinstitute the
suspension of liquidation of sodium
nitrite from India, effective on the date
of publication of the ITC’s final
affirmative injury determination in the
7 See Sodium Nitrite from India: Preliminary
Affirmative Countervailing Duty Determination and
Alignment of Final Determination With the Final
Antidumping Duty Determination, 87 FR 36824
(June 21, 2022) (CVD Preliminary Determination).
E:\FR\FM\27FEN1.SGM
27FEN1
Federal Register / Vol. 88, No. 38 / Monday, February 27, 2023 / Notices
2021, Commerce also published the
notice titled ‘‘Scope Ruling Application;
Annual Inquiry Service List; and
Informational Sessions’’ in the Federal
Register.10 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.11
In accordance with the Procedural
Guidance, for orders published in the
Subsidy rate
Federal Register after November 4,
Company
(percent ad
2021, Commerce will create an annual
valorem)
inquiry service list segment in
Deepak Nitrite Limited ..........
2.40 Commerce’s online e-filing and
All Others ..............................
2.40 document management system,
Antidumping and Countervailing Duty
Provisional Measures—CVD
Electronic Service System (ACCESS),
available at https://access.trade.gov,
Section 703(d) of the Act states that
within five business days of publication
the suspension of liquidation pursuant
of the notice of the order. Each annual
to an affirmative preliminary
inquiry service list will be saved in
determination may not remain in effect
ACCESS, under each case number, and
for more than four months. Commerce
under a specific segment type called
published the CVD Preliminary
‘‘AISL-Annual Inquiry Service List.’’ 12
Determination on June 21, 2022.8 As
such, the four-month period beginning
Interested parties who wish to be
on the date of the publication of the
added to the annual inquiry service list
CVD Preliminary Determination ended
for an order must submit an entry of
on October 18, 2022.
appearance to the annual inquiry
Therefore, in accordance with section service list segment for the order in
703(d) of the Act, we instructed CBP to
ACCESS within 30 days after the date of
terminate the suspension of liquidation
publication of the order. For ease of
and to liquidate, without regard to
administration, Commerce requests that
countervailing duties, unliquidated
law firms with more than one attorney
entries of sodium nitrite from India
representing interested parties in an
entered, or withdrawn from warehouse, order designate a lead attorney to be
for consumption, on or after October 19, included on the annual inquiry service
2022, the date on which the provisional list. Commerce will finalize the annual
measures expired, until and through the inquiry service list within five business
day preceding the date of publication of days thereafter. As mentioned in the
the ITC’s final injury determination in
Procedural Guidance,13 the new annual
the Federal Register. Suspension of
inquiry service list will be in place until
liquidation will resume on the date of
the following year, when the
publication of the ITC’s final
determination in the Federal Register.
10 See Scope Ruling Application; Annual Inquiry
ddrumheller on DSK120RN23PROD with NOTICES
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
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. These
instructions suspending liquidation will
remain in effect until further notice. The
all-others rate applies to all producers or
exporters not specifically listed below,
as appropriate:
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.9 On September 27,
8 Id.
9 See Regulations to Improve Administration and
Enforcement of Antidumping and Countervailing
Duty Laws, 86 FR 52300 (September 20, 2021)
(Final Rule).
VerDate Sep<11>2014
20:06 Feb 24, 2023
Jkt 259001
Service List; and Informational Sessions, 86 FR
53205 (September 27, 2021) (Procedural Guidance).
11 Id.
12 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.
13 See Procedural Guidance.
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
12315
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.
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.’’ 14
Accordingly, as stated above, the
petitioner and Government of India
should submit their initial entries of
appearance after publication of this
notice in order to appear in the first
annual inquiry service lists for these
orders. Pursuant to 19 CFR
351.225(n)(3), the petitioner and the
Government of India 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 India 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.
Notification to Interested Parties
This notice constitutes the AD and
CVD orders with respect to sodium
nitrite from India pursuant to sections
706(a) and 736(a) of the Act. Interested
parties can find a list of orders currently
in effect at https://
enforcement.trade.gov/stats/
iastats1.html.
These orders are published in
accordance with sections 706(a) and
736(a) of the Act and 19 CFR 351.211(b).
Dated: February 21, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
Scope of the Orders
The product covered by these orders is
sodium nitrite in any form, at any purity
level. In addition, the sodium nitrite covered
by these orders may or may not contain an
14 See
E:\FR\FM\27FEN1.SGM
Final Rule, 86 FR at 52335.
27FEN1
12316
Federal Register / Vol. 88, No. 38 / Monday, February 27, 2023 / Notices
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
these orders, 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. 2023–03934 Filed 2–24–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC607]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Construction
Activities Associated With the Murray
St. Bridge Seismic Retrofit Project in
Santa Cruz, California
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
Notice; proposed incidental
harassment authorization; request for
comments on proposed authorization
and possible renewal.
ACTION:
NMFS has received a request
from the City of Santa Cruz for
authorization to take marine mammals
incidental to 2 years of construction
activities associated with the Murray St.
Bridge Seismic Retrofit Project in Santa
Cruz, California. Pursuant to the Marine
Mammal Protection Act (MMPA), NMFS
is requesting comments on its proposal
to issue two consecutive 1-year
incidental harassment authorizations
(IHAs) to incidentally take marine
mammals during the specified activities.
NMFS is also requesting comments on
a possible one-time, 1-year renewal that
could be issued under certain
circumstances and if all requirements
are met, as described in Request for
Public Comments at the end of this
notice. NMFS will consider public
comments prior to making any final
decision on the issuance of the
requested MMPA authorization and
agency responses will be summarized in
the final notice of our decision.
ddrumheller on DSK120RN23PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
20:06 Feb 24, 2023
Jkt 259001
Comments and information must
be received no later than March 29,
2023.
ADDRESSES: Comments should be
addressed to Jolie Harrison, Chief,
Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service and should be
submitted via email to ITP.taylor@
noaa.gov.
Instructions: NMFS is not responsible
for comments sent by any other method,
to any other address or individual, or
received after the end of the comment
period. Comments, including all
attachments, must not exceed a 25megabyte file size. All comments
received are a part of the public record
and will generally be posted online at
www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act without
change. All personal identifying
information (e.g., name, address)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit confidential business
information or otherwise sensitive or
protected information.
FOR FURTHER INFORMATION CONTACT:
Jessica Taylor, Office of Protected
Resources, NMFS, (301) 427–8401.
Electronic copies of the application and
supporting documents, as well as a list
of the references cited in this document,
may be obtained online at: https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-constructionactivities. In case of problems accessing
these documents, please call the contact
listed above.
SUPPLEMENTARY INFORMATION:
DATES:
Background
The MMPA prohibits the ‘‘take’’ of
marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and
(D) of the MMPA (16 U.S.C. 1361 et
seq.) direct the Secretary of Commerce
(as delegated to NMFS) to allow, upon
request, the incidental, but not
intentional, taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and either regulations are
proposed or, if the taking is limited to
harassment, a notice of a proposed IHA
is provided to the public for review.
Authorization for incidental takings
shall be granted if NMFS finds that the
taking will have a negligible impact on
the species or stock(s) and will not have
an unmitigable adverse impact on the
availability of the species or stock(s) for
taking for subsistence uses (where
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
relevant). Further, NMFS must prescribe
the permissible methods of taking and
other ‘‘means of effecting the least
practicable adverse impact’’ on the
affected species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance, and on the
availability of the species or stocks for
taking for certain subsistence uses
(referred to in shorthand as
‘‘mitigation’’); and requirements
pertaining to the mitigation, monitoring
and reporting of the takings are set forth.
The definitions of all applicable MMPA
statutory terms cited above are included
in the relevant sections below.
National Environmental Policy Act
To comply with the National
Environmental Policy Act of 1969
(NEPA; 42 U.S.C. 4321 et seq.) and
NOAA Administrative Order (NAO)
216–6A, NMFS must review our
proposed action (i.e., the issuance of an
IHA) with respect to potential impacts
on the human environment.
This action is consistent with
categories of activities identified in
Categorical Exclusion B4 (IHAs with no
anticipated serious injury or mortality)
of the Companion Manual for NOAA
Administrative Order 216–6A, which do
not individually or cumulatively have
the potential for significant impacts on
the quality of the human environment
and for which we have not identified
any extraordinary circumstances that
would preclude this categorical
exclusion. Accordingly, NMFS has
preliminarily determined that the
issuance of the proposed IHA qualifies
to be categorically excluded from
further NEPA review.
We will review all comments
submitted in response to this notice
prior to concluding our NEPA process
or making a final decision on the IHA
request.
Summary of Request
On April 19, 2022, NMFS received a
request from the City of Santa Cruz (the
City) for two consecutive 1-year IHAs to
take marine mammals incidental to
construction activities associated with
the Murray St. Bridge seismic retrofit
project in Santa Cruz, CA. Following
NMFS’ review of the application, the
City submitted revised versions on
August 25, 2022, October 25, 2022, and
December 13, 2022, and a final revised
version on January 12, 2023. The
application was deemed adequate and
complete on January 24, 2023. The
City’s request is for take of small
numbers of California sea lions
(Zalophus californianus) and harbor
seals (Phoca vitulina richardii) by Level
E:\FR\FM\27FEN1.SGM
27FEN1
]]>Agencies
[Federal Register Volume 88, Number 38 (Monday, February 27, 2023)]
[Notices]
[Pages 12313-12316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03934]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-906, C-533-907]
Sodium Nitrite From India: Antidumping Duty and Countervailing
Duty Orders
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 antidumping duty (AD) and
countervailing duty (CVD) orders on sodium nitrite from India.
DATES: Applicable February 27, 2023.
FOR FURTHER INFORMATION CONTACT: Thomas Martin or Joy Zhang, AD/CVD
Operations, Offices III and IV, Enforcement and Compliance, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-3936 and (202) 482-1168, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d) and 735(d) of the Tariff Act of
1930, as amended (the Act), on January 6, 2023, Commerce published its
affirmative final determination of sales at less than fair value (LTFV)
and its affirmative final determination that countervailable subsidies
are being provided to producers and exporters of sodium nitrite from
India.\1\
---------------------------------------------------------------------------
\1\ See Sodium Nitrite from India: Final Affirmative
Determination of Sales at Less Than Fair Value, 88 FR 1052 (January
6, 2023); see also Sodium Nitrite from India: Final Affirmative
Countervailing Duty Determination, 88 FR 1042 (January 6, 2023).
---------------------------------------------------------------------------
On February 21, 2023, pursuant to sections 705(d) and 735(d) of the
Act, the ITC notified Commerce of its final affirmative determinations
that an industry in the United States is materially injured by reason
of LTFV imports and subsidized imports of sodium nitrite from India,
within the meaning of sections 705(b)(1)(A)(i) and 735(b)(1)(A)(i) of
the Act.\2\
---------------------------------------------------------------------------
\2\ See ITC's Letter, ``Notification of ITC Final
Determinations,'' dated February 21, 2023 (ITC Notification Letter).
---------------------------------------------------------------------------
Scope of the Orders
The products covered by these orders are sodium nitrite from India.
For a full description of the scope of the orders, see the appendix to
this notice.
AD Order
Based on the above-referenced affirmative final determinations by
the
[[Page 12314]]
ITC that an industry in the United States is materially injured within
the meaning of section 735(b)(1)(A)(i) of the Act by reason of LTFV
imports of sodium nitrite from India \3\ in accordance with sections
735(c)(2) and 736 of the Act, Commerce is issuing this antidumping duty
order. Moreover, because the ITC determined that imports of sodium
nitrite from India are materially injuring a U.S. industry,
unliquidated entries of such merchandise from India, entered or
withdrawn from warehouse for consumption, are subject to the assessment
of antidumping duties.
---------------------------------------------------------------------------
\3\ Id.
---------------------------------------------------------------------------
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce intends to direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise for all
relevant entries of sodium nitrite from India. Antidumping duties will
be assessed on unliquidated entries of sodium nitrite from India
entered, or withdrawn from warehouse, for consumption on or after
August 17, 2022, the date of publication of the AD Preliminary
Determination,\4\ but will not include entries occurring after the
expiration of the provisional measures period and before publication of
the ITC's final injury determination, as further described below.
---------------------------------------------------------------------------
\4\ See Sodium Nitrite from India: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional Measures, 87 FR
50604 (August 17, 2022) (AD Preliminary Determination).
---------------------------------------------------------------------------
Continuation of Suspension of Liquidation--AD
Except as noted in the ``Provisional Measures--AD'' section of this
notice, in accordance with section 736 of the Act, Commerce intends to
instruct CBP to continue to suspend liquidation on all relevant entries
of sodium nitrite from India. These instructions suspending liquidation
will remain in effect until further notice.
Commerce also intends to instruct CBP to require cash deposits
equal to the estimated weighted-average dumping margins indicated in
the table below, adjusted by the relevant subsidy offsets. Accordingly,
effective on the date of publication in the Federal Register of the
notice of the ITC's final affirmative injury determination, CBP must
require, at the same time as importers would normally deposit estimated
customs duties on subject merchandise, a cash deposit equal to the
rates listed in the table below.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Estimated
weighted- Cash deposit rate
average (adjusted for
Exporter/producer dumping subsidy
margin offset(s))
(percent) (percent)
------------------------------------------------------------------------
Deepak Nitrite Limited................... 44.82 42.76
All Others............................... 44.82 42.76
------------------------------------------------------------------------
Provisional Measures--AD
Section 733(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, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
At the request of exporters that account for a significant proportion
of sodium nitrite from India, Commerce extended the four-month period
to six months in this AD investigation. Commerce published the AD
Preliminary Determination on August 17, 2022.\5\ Therefore, the
extended provisional measures period, beginning on the date of
publication of the AD Preliminary Determination, ended on February 12,
2023. Pursuant to section 737(b) of the Act, the collection of cash
deposits at the rates listed above will begin on the date of
publication of the ITC's final injury determination. Therefore, in
accordance with section 736(a)(1) of the Act and our practice, we will
instruct CBP to terminate the suspension of liquidation and to
liquidate, without regard to antidumping duties, unliquidated entries
of sodium nitrite from India, entered, or withdrawn from warehouse, for
consumption on or after February 13, 2023, the first day provisional
measures were no longer in effect, until and through the day preceding
the date of publication of the ITC's final injury determination in the
Federal Register.
---------------------------------------------------------------------------
\5\ Id.
---------------------------------------------------------------------------
CVD Order
As stated above, based on the above-referenced affirmative final
determinations by the ITC 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 sodium nitrite from India,\6\ in
accordance with section 705(c)(2) of the Act, Commerce is issuing this
CVD order. Moreover, because the ITC determined that imports of sodium
nitrite from India are materially injuring a U.S. industry,
unliquidated entries of subject merchandise from India entered, or
withdrawn from warehouse, for consumption, are subject to the
assessment of countervailing duties.
---------------------------------------------------------------------------
\6\ See ITC Notification Letter.
---------------------------------------------------------------------------
Therefore, in accordance with section 706(a) of the Act, Commerce
intends to direct CBP to assess, upon further instruction by Commerce,
countervailing duties for all relevant entries of sodium nitrite from
India, which are entered, or withdrawn from warehouse, for consumption
on or after June 21, 2022, the date of publication of the CVD
Preliminary Determination, but will not include entries occurring after
the expiration of the provisional measures period and before the
publication of the ITC's final injury determination under section
705(b) of the Act, as further described in the ``Provisional Measures--
CVD'' section of this notice.\7\
---------------------------------------------------------------------------
\7\ See Sodium Nitrite from India: Preliminary Affirmative
Countervailing Duty Determination and Alignment of Final
Determination With the Final Antidumping Duty Determination, 87 FR
36824 (June 21, 2022) (CVD Preliminary Determination).
---------------------------------------------------------------------------
Suspension of Liquidation and Cash Deposits--CVD
Therefore, in accordance with section 706 of the Act, Commerce
intends to instruct CBP to reinstitute the suspension of liquidation of
sodium nitrite from India, effective on the date of publication of the
ITC's final affirmative injury determination in the
[[Page 12315]]
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 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. These
instructions suspending liquidation will remain in effect until further
notice. The all-others rate applies to all producers or exporters not
specifically listed below, as appropriate:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Deepak Nitrite Limited.................................. 2.40
All Others.............................................. 2.40
------------------------------------------------------------------------
Provisional Measures--CVD
Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. Commerce published the CVD
Preliminary Determination on June 21, 2022.\8\ As such, the four-month
period beginning on the date of the publication of the CVD Preliminary
Determination ended on October 18, 2022.
---------------------------------------------------------------------------
\8\ Id.
---------------------------------------------------------------------------
Therefore, 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 India entered, or withdrawn from
warehouse, for consumption, on or after October 19, 2022, the date on
which the provisional measures expired, until and through the day
preceding the date of publication of the ITC's final injury
determination in the Federal Register. Suspension of liquidation 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.\9\ On September
27, 2021, Commerce also published the notice titled ``Scope Ruling
Application; Annual Inquiry Service List; and Informational Sessions''
in the Federal Register.\10\ 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.\11\
---------------------------------------------------------------------------
\9\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\10\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\11\ Id.
---------------------------------------------------------------------------
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.'' \12\
---------------------------------------------------------------------------
\12\ 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.
---------------------------------------------------------------------------
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,\13\ 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.
---------------------------------------------------------------------------
\13\ See Procedural Guidance.
---------------------------------------------------------------------------
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.
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.'' \14\ Accordingly, as stated
above, the petitioner and Government of India should submit their
initial entries of appearance after publication of this notice in order
to appear in the first annual inquiry service lists for these orders.
Pursuant to 19 CFR 351.225(n)(3), the petitioner and the Government of
India 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 India 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.
---------------------------------------------------------------------------
\14\ See Final Rule, 86 FR at 52335.
---------------------------------------------------------------------------
Notification to Interested Parties
This notice constitutes the AD and CVD orders with respect to
sodium nitrite from India pursuant to sections 706(a) and 736(a) of the
Act. Interested parties can find a list of orders currently in effect
at https://enforcement.trade.gov/stats/iastats1.html.
These orders are published in accordance with sections 706(a) and
736(a) of the Act and 19 CFR 351.211(b).
Dated: February 21, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Orders
The product covered by these orders is sodium nitrite in any
form, at any purity level. In addition, the sodium nitrite covered
by these orders may or may not contain an
[[Page 12316]]
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 these orders, 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. 2023-03934 Filed 2-24-23; 8:45 am]
BILLING CODE 3510-DS-P
