[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.
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    \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.
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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.
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    \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.
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Final Determination

    Commerce determines that the following estimated weighted-average 
dumping margins exist:
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    \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\
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Uralchem, JSC...........................          207.17           25.73
All Others..............................          207.17           25.73
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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.
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    \4\ See Final CVD Determination.
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    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