[Federal Register Volume 87, Number 212 (Thursday, November 3, 2022)]
[Notices]
[Pages 66260-66262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24021]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-836]


Sodium Nitrite From the Russian Federation: Antidumping Duty 
Order

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


[[Page 66261]]


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 an antidumping duty order on 
sodium nitrite from the Russian Federation.

DATES: Applicable November 3, 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 September 12, 2022, Commerce published in the Federal Register 
its affirmative final determination in the less-than-fair-value (LTFV) 
investigation of sodium nitrite from the Russian Federation 
(Russia).\1\ Pursuant to section 735(d) of the Tariff Act of 1930, as 
amended (the Act), on October 27, 2022, the ITC notified Commerce of 
its affirmative final determination that an industry in the United 
States is materially injured, within the meaning of section 
735(b)(1)(A)(i) of the Act, by reason of imports of sodium nitrite from 
Russia that are sold in the United States at LTFV.\2\
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    \1\ See Sodium Nitrite from the Russian Federation: Final 
Affirmative Determination of Sales at Less Than Fair Value, 87 FR 
55781 (September 12, 2022) (Final Determination).
    \2\ See ITC's Letter, Investigation No. 731-TA-1586 (Final), 
dated October 27, 2022.
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Scope of the Order

    The product covered by this order is sodium nitrite from Russia. 
For a complete description of the scope of this order, see the appendix 
to this notice.

Antidumping Duty Order

    Based on the above-referenced affirmative final determinations, 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 U.S. imports of sodium nitrite from Russia are 
materially injuring a U.S. industry, unliquidated entries of such 
merchandise from Russia, entered or withdrawn from warehouse for 
consumption, as described below, are subject to the assessment of 
antidumping duties.
    Therefore, in accordance with section 736(a)(1) of the Act, 
Commerce will 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 Russia. With the exception of 
entries occurring after expiration of the provisional measures period, 
but before publication of the ITC's final affirmative injury 
determination, as further described below, antidumping duties will be 
assessed on unliquidated U.S. entries of sodium nitrite from Russia 
entered, or withdrawn from warehouse, for consumption on or after June 
28, 2022, the date of publication of the Preliminary Determination in 
this investigation in the Federal Register.\3\
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    \3\ 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).
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Continuation of Suspension of Liquidation

    Except as noted in the ``Provisional Measures'' section of this 
notice below, in accordance with section 736 of the Act, Commerce will 
instruct CBP to continue to suspend liquidation of all relevant entries 
of sodium nitrite from Russia. These instructions suspending 
liquidation will remain in effect until further notice.
    Commerce will also instruct CBP to require cash deposits equal to 
the estimated weighted-average dumping margins listed in the table 
below, adjusted by the export subsidy offset. Accordingly, effective on 
the date of publication in the Federal Register of the notice of the 
ITC's affirmative final injury determination, CBP will require, at the 
same time as importers would normally deposit estimated duties on 
subject merchandise, a cash deposit equal to the estimated weighted-
average dumping margins listed in the table below, adjusted by the 
export subsidy offset. The all-others rate applies to all producers or 
exporters not specifically listed.

Provisional Measures

    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.
    Commerce published the Preliminary Determination in this 
investigation on June 28, 2022. Commerce did not extend the deadline 
for issuing its final determination in this investigation, which it 
published in the Federal Register on September 12, 2022. Therefore, the 
four-month period beginning on the date of publication of the 
Preliminary Determination ended on October 25, 2022.
    Consequently, in accordance with section 733(d) of the Act, 
Commerce will instruct CBP to terminate the suspension of liquidation, 
and to liquidate, without regard to antidumping duties, unliquidated 
U.S. entries of sodium nitrite from Russia entered, or withdrawn from 
warehouse, for consumption after October 25, 2022, the final day on 
which the provisional measures were in effect, through the day 
preceding the date of publication of the ITC's affirmative final injury 
determination in the Federal Register. Suspension of liquidation and 
the collection of cash deposits will resume on the date of publication 
of the ITC's affirmative final injury determination in the Federal 
Register.

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins are as follows:
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    \4\ In the final determination in the companion countervailing 
duty (CVD) investigation, Commerce applied the adverse facts 
available 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).

------------------------------------------------------------------------
                               Estimated weighted-    Cash deposit rate
      Exporter/producer          average dumping    adjusted for subsidy
                                margin (percent)    offset (percent) \4\
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Uralchem, JSC...............                207.17                 25.73
All Others..................                207.17                 25.73
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[[Page 66262]]

Establishment of the Annual Inquiry Service Lists

    On September 20, 2021, Commerce published a notice titled 
``Regulations to Improve Administration and Enforcement of Antidumping 
and Countervailing Duty Laws'' in the Federal Register.\5\ On September 
27, 2021, Commerce published a notice titled ``Scope Ruling 
Application; Annual Inquiry Service List; and Informational Sessions'' 
in the Federal Register.\6\ The Final Rule and Procedural Guidance 
provide that Commerce will maintain an annual inquiry service list for 
each order or suspended investigation, and any interested party 
submitting a scope ruling application or request for circumvention 
inquiry shall serve a copy of the application or request on the persons 
on the annual inquiry service list for that order, as well as any 
companion order covering the same merchandise from the same country of 
origin.\7\
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    \5\ See Regulations to Improve Administration and Enforcement of 
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 
2021) (Final Rule).
    \6\ See Scope Ruling Application; Annual Inquiry Service List; 
and Informational Sessions, 86 FR 53205 (September 27, 2021) 
(Procedural Guidance).
    \7\ Id.
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    In accordance with the Procedural Guidance, for orders published in 
the Federal Register after November 4, 2021, Commerce will create an 
annual inquiry service list segment in Commerce's online e-filing and 
document management system, Antidumping and Countervailing Duty 
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the 
notice of the order. Each annual inquiry service list will be saved in 
ACCESS, under each case number, and under a specific segment type 
called ``AISL-Annual Inquiry Service List.'' \8\
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    \8\ This segment will be combined with the ACCESS Segment 
Specific Information (SSI) field which will display the month in 
which the notice of the order or suspended investigation was 
published in the Federal Register, also known as the anniversary 
month. For example, for an order under case number A-000-000 that 
was published in the Federal Register in January, the relevant 
segment and SSI combination will appear in ACCESS as ``AISL-January 
Anniversary.'' Note that there will be only one annual inquiry 
service list segment per case number, and the anniversary month will 
be pre-populated in ACCESS.
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    Interested parties who wish to be added to the annual inquiry 
service list for an order must submit an entry of appearance in the 
annual inquiry service list segment in ACCESS for the order within 30 
days after the date of publication of the order in the Federal 
Register. For ease of administration, Commerce requests that law firms 
with more than one attorney representing interested parties in an order 
designate a lead attorney to be included on the annual inquiry service 
list. Commerce will finalize the annual inquiry service list within 
five business days thereafter. As mentioned in the Procedural Guidance, 
the new annual inquiry service list will be in place until the 
following year, when the Opportunity Notice for the anniversary month 
of the order is published in the Federal Register.
    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.'' \9\ Accordingly, as stated 
above, the petitioners and foreign governments should submit their 
initial entry of appearance after publication of this notice in the 
Federal Register in order to appear in the first annual inquiry service 
list for those orders for which they qualify as an interested party. 
Pursuant to 19 CFR 351.225(n)(3), the petitioners and foreign 
governments will not need to resubmit their entries of appearance each 
year to continue to be included on the annual inquiry service list. 
However, the petitioners and foreign governments are responsible for 
making amendments to their entries of appearance during the annual 
update to the annual inquiry service list in accordance with the 
procedures described above.
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    \9\ See Final Rule, 86 FR 52335.
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Notification to Interested Parties

    This notice constitutes the antidumping duty order with respect to 
sodium nitrite from Russia, pursuant to section 736(a) of the Act. 
Interested parties can find a list of antidumping duty orders currently 
in effect at https://enforcement.trade.gov/stats/iastats1.html.
    This antidumping duty order is issued and published in accordance 
with section 736(a) of the Act and 19 CFR 351.211(b).

    Dated: October 31, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Order

    The product covered by this order is sodium nitrite in any form, 
at any purity level. In addition, the sodium nitrite covered by this 
order may or may not contain an anti-caking agent. Examples of names 
commonly used to reference sodium nitrite are nitrous acid, sodium 
salt, anti-rust, diazotizing salts, erinitrit, and filmerine. Sodium 
nitrite's chemical composition is NaNO2, and it is 
generally classified under subheading 2834.10.1000 of the Harmonized 
Tariff Schedule of the United States (HTSUS). The American Chemical 
Society Chemical Abstract Service (CAS) has assigned the name 
``sodium nitrite'' to sodium nitrite. The CAS registry number is 
7632-00-0. For purposes of the scope of this order, the narrative 
description is dispositive, not the tariff heading, CAS registry 
number, or CAS name, which are provided for convenience and customs 
purposes.

[FR Doc. 2022-24021 Filed 11-2-22; 8:45 am]
BILLING CODE 3510-DS-P