[Federal Register Volume 88, Number 4 (Friday, January 6, 2023)]
[Notices]
[Pages 1052-1053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00072]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-906]


Sodium Nitrite From India: 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 India is being, or is likely to be, sold in the 
United States at less than fair value (LTFV).

DATES: Applicable January 6, 2023.

FOR FURTHER INFORMATION CONTACT: Patrick Barton, or Joy Zhang, AD/CVD 
Operations, Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0012 or (202) 482-1168, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 17, 2022, Commerce published in the Federal Register the 
preliminary determination.\1\ We invited interested parties to comment 
on the Preliminary Determination. We received comments on the 
Preliminary Determination from Deepak Nitrite Limited (Deepak) and 
Chemtrade Chemical US LLC (the petitioner) on November 14 and 15, 
respectively.\2\ On November 21, 2022, the petitioner submitted a 
rebuttal brief.\3\
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    \1\ 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) (Preliminary Determination).
    \2\ See Deepak's Letter, ``Case Brief,'' dated November 14, 
2022; see also Petitioner's Letter, ``Case Brief of Chemtrade 
Chemical US LLC,'' dated November 15, 2022.
    \3\ See Petitioner's Letter, ``Rebuttal Brief of Chemtrade 
Chemical US LLC,'' dated November 21, 2022.
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Period of Investigation

    The period of investigation (POI) is January 1, 2021, through 
December 31, 2021.

Scope of the Investigation

    The product covered by this investigation is sodium nitrite from 
India. For a complete description of the scope of this investigation, 
see Appendix I.

Analysis of Comments Received

    The issues raised in comments that were submitted by parties in 
this investigation are addressed in the Issues and Decision 
Memorandum.\4\ A list of the issues addressed in the Issues and 
Decision Memorandum is attached to this notice at Appendix II. The 
Issues and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \4\ See Memorandum, ``Decision Memorandum for the Final 
Affirmative Determination in the Less-Than-Fair-Value Investigation 
of Sodium Nitrite from India,'' dated concurrently with this notice.
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Changes Since the Preliminary Determination

    Based on the analysis of comments received, we made some changes 
for the final determination.\5\
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    \5\ Id. at 2-3.
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All-Others Rate

    As discussed in the Preliminary Determination, Commerce based the 
all-others rate on the weighted average dumping margin calculated for 
Deepak, the only individually examined exporter/producer in this 
investigation, pursuant to section 735(c)(5)(A) of the Tariff Act of 
1930, as amended (the Act).

Final Determination

    The final estimated weighted-average dumping margins are as 
follows:
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    \6\ See Memorandum, ``Final Determination Analysis Memorandum 
for Deepak Nitrite Limited,'' dated concurrently with this notice.

------------------------------------------------------------------------
                                                       Cash deposit rate
                                        Estimated        (adjusted for
         Exporter/producer           weighted-average       subsidy
                                      dumping margin       offset(s))
                                        (percent)        (percent) \6\
------------------------------------------------------------------------
Deepak Nitrite Limited............              44.82              42.76
All Others........................              44.82              42.76
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Disclosure

    We intend to disclose to interested parties the calculations and 
analysis performed in this final determination within five days of 
public announcement or, if there is no public announcement, within five 
days of the date of publication of this notice in the Federal Register, 
in accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to continue to suspend 
liquidation of entries of subject merchandise, as described in Appendix 
I of this notice, entered, or withdrawn from warehouse, for consumption 
on or after August 17, 2022, the date of publication of the affirmative 
Preliminary Determination in the Federal Register. These suspension of 
liquidation instructions will remain in effect until further notice.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.205(d), upon publication of this notice, we will instruct CBP to 
require a cash deposit equal to the estimated weighted-average dumping 
margin or the estimated all-others rate, as follows: (1) the cash 
deposit rate for Deepak is the company-specific estimated weighted-
average dumping margins determined in this final determination; (2) if 
the exporter is not a company identified above, but the producer is, 
then the cash deposit rate will be equal to the company-specific 
estimated weighted-average dumping margin established for that producer 
of the subject merchandise; and (3) the cash deposit rate for all other 
producers and exporters will be equal to the all-others estimated 
weighted-average dumping margin.

U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
U.S. International Trade Commission (ITC) of

[[Page 1053]]

the final determination of sales at LTFV. Because Commerce's final 
determination 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, by reason of imports or sales (or the 
likelihood of sales) for importation of sodium nitrite no later than 45 
days after this final determination. If the ITC determines that such 
injury does not exist, this proceeding will be terminated, and all cash 
deposits posted will be refunded and suspension of liquidation will be 
lifted. If the ITC determines that such injury does exist, 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, as discussed above in the ``Continuation of Suspension of 
Liquidation'' section.

Administrative Protective Order

    This notice will serve as a final reminder to the 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 written 
notification of 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 sanctionable violation.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.205(c).

    Dated: December 30, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

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 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 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.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Discussion of the Issues
    Comment 1: Whether Commerce Should Continue to Find that the 
Invoice Date is the Appropriate Date of Sale in Both the Home Market 
and U.S. Market
    Comment 2: Whether Certain of Deepak's U.S. Brokerage and Duty 
Expenses Are Supported by the Record
    Comment 3: Whether Purge Liquor Should Be Treated as Co-Product 
of Sodium Nitrite
    Comment 4: The All-Others Rate Calculation
V. Recommendation

[FR Doc. 2023-00072 Filed 1-5-23; 8:45 am]
BILLING CODE 3510-DS-P