7108 Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices 

12 In these final results, Commerce applied the 

assessment rate calculation method adopted in 

Antidumping Proceedings: Calculation of the 

Weighted-Average Dumping Margin and 

Assessment Rate in Certain Antidumping Duty 

Proceedings; Final Modification, 77 FR 8101 

(February 14, 2012). 

13See section 751(a)(2)(C) of the Act. 

14See Corrosion-Resistant Steel Products from 

Taiwan: Notice of Court Decision Not in Harmony 

with Final Determination of Antidumping Duty 

Investigation and Notice of Amended Final 

Determination of Investigation, 84 FR 6129 

(February 26, 2019) (Amended Final 

Determination). 

1See Petitioner’s Letter, ‘‘Sodium Nitrite from 

India and Russia: Antidumping and Countervailing 

appropriate entries of subject 

merchandise in accordance with the 

final results of this review. Pursuant to 

19 CFR 351.212(b)(1), we calculated 

importer-specific ad valorem duty 

assessment rates based on the ratio of 

the total amount of dumping calculated 

for the examined sales to the total 

entered value of those sales. Where 

either the respondent’s weightedaverage dumping margin is zero or de 

minimis within the meaning of 19 CFR 

351.106(c)(1), or an importer-specific 

assessment rate is zero or de minimis, 

we will instruct CBP to liquidate the 

appropriate entries without regard to 

antidumping duties.12 For entries of 

subject merchandise during the POR 

produced by the mandatory respondents 

for which they did not know their 

merchandise was destined for the 

United States, or for entries associated 

with Synn, who had no shipments 

during the POR, we will instruct CBP to 

liquidate unreviewed entries at the allothers rate if there is no rate for the 

intermediate company(ies) involved in 

the transaction. 

The final results of this review shall 

be the basis for the assessment of 

antidumping duties on entries of 

merchandise covered by the final results 

of this review and for future deposits of 

estimated duties, where applicable.13

Commerce intends to issue 

assessment instructions to CBP no 

earlier than 35 days after the date of 

publication of the final results of this 

review in the Federal Register. If a 

timely summons is filed at the U.S. 

Court of International Trade, the 

assessment instructions will direct CBP 

not to liquidate relevant entries until the 

time for parties to file a request for a 

statutory injunction has expired (i.e., 

within 90 days of publication). 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective for all 

shipments of subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the 

publication date of the final results of 

this administrative review, as provided 

by section 751(a)(2)(C) of the Act: (1) 

The cash deposit rate for the companies 

listed above will be equal to the 

weighted-average dumping margins 

established in the final results of this 

administrative review; (2) for 

merchandise exported by producers or 

exporters not covered in this review but 

covered in a prior completed segment of 

the proceeding, the cash deposit rate 

will continue to be the companyspecific rate published for the most 

recent period; (3) if the exporter is not 

a firm covered in this review, a prior 

review, or the original investigation, but 

the producer has been covered in a prior 

complete segment of this proceeding, 

then the cash deposit rate will be the 

rate established for the most recent 

period for the producer of the 

merchandise; (4) the cash deposit rate 

for all other manufacturers or exporters 

will continue to be 3.66 percent,14 the 

all-others rate from the Amended Final 

Determination. These cash deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Notification to Importers 

This notice also serves as a final 

reminder to importers of their 

responsibility under 19 CFR 

351.402(f)(2) to file a certificate 

regarding the reimbursement of 

antidumping duties prior to liquidation 

of the relevant entries during this 

review period. Failure to comply with 

this requirement could result in 

Commerce’s presumption that 

reimbursement of antidumping duties 

occurred and the subsequent assessment 

of double antidumping duties. 

Notification Regarding Administrative 

Protective Order 

This notice also serves as a reminder 

to parties subject to 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/ 

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 

We are issuing and publishing these 

final results of administrative review in 

accordance with sections 751(a)(1) and 

777(i) of the Act, and 19 CFR 

351.221(b)(5). 

Dated: February 2, 2022. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Changes Since the Preliminary Results 

V. Discussion of the Issues 

Comment 1: Whether Yieh Phui’s Reported 

Cost Information is Reliable and Whether 

an Adverse Inference or Adjustment is 

Appropriate 

Comment 2: Whether To Modify the 

Transfer Price Cost Adjustment for 

Inputs Sourced From Yieh Phui’s 

Affiliated Suppliers 

Comment 3: Whether To Include Various 

Income Items as Allowable Offsets in the 

Calculation of Yieh Phui’s General and 

Administrative Expense Ratio 

Comment 4: Treatment of Section 232 

Duties 

VI. Recommendation 

[FR Doc. 2022–02640 Filed 2–7–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–533–907, C–821–837] 

Sodium Nitrite From India and the 

Russian Federation: Initiation of 

Countervailing Duty Investigations 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable February 2, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Ariela Garvett at (202) 482–3609, Eva 

Kim at (202) 482–8283, and Thomas 

Martin at (202) 482–3936 (India), and 

Melissa Kinter at (202) 482–1413 (the 

Russian Federation (Russia)), AD/CVD 

Operations, Offices IV and II, 

respectively, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230. 

SUPPLEMENTARY INFORMATION: 

The Petitions 

On January 13, 2022, the Department 

of Commerce (Commerce) received 

countervailing duty (CVD) petitions 

concerning imports of sodium nitrite 

from India and Russia, filed in proper 

form on behalf of Chemtrade Chemicals 

US, LLC (the petitioner), a domestic 

producer of sodium nitrite.1 The 


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Duty Petitions,’’ dated January 13, 2022 (the 

Petitions). 

2 Id. 

3See Commerce’s Letters, ‘‘Petitions for the 

Imposition of Antidumping and Countervailing 

Duties on Imports of Sodium Nitrite from India: 

Supplemental Questions,’’ dated January 18, 2022; 

‘‘Petition for the Imposition of Countervailing 

Duties on Imports of Sodium Nitrite from the 

Russian Federation: Supplemental Questions,’’ 

dated January 18, 2022; ‘‘Petitions for the 

Imposition of Antidumping and Countervailing 

Duties on Imports of Sodium Nitrite from India and 

the Russian Federation: Supplemental Questions,’’ 

dated January 19, 2022; and ‘‘Petition for the 

Imposition of Countervailing Duties on Imports of 

Sodium Nitrite from India: Second Supplemental 

Questions,’’ dated January 24, 2022; see also 

Memorandum, ‘‘Petitions for the Imposition of 

Antidumping and Countervailing Duties on Imports 

of Sodium Nitrite from India and the Russian 

Federation: Phone Call with Counsel to the 

Petitioner,’’ dated January 27, 2022. 

4See Petitioner’s Letters, ‘‘Sodium Nitrite from 

India: Responses to Supplemental Questions 

Regarding the Countervailing Duty Petition,’’ dated 

January 20, 2022; ‘‘Petition for the Imposition of 

Antidumping and Countervailing Duties on Imports 

of Sodium Nitrite from India and Russia: 

Supplemental Questionnaire Responses to Petition 

General Issues,’’ dated January 21, 2022 (General 

Issues Supplement); ‘‘Sodium Nitrite from India 

and Russia: Errata to Supplemental Questionnaire 

Responses to Petition General Issues,’’ dated 

January 24, 2022 (General Issues Errata); ‘‘Petition 

for the Imposition of Countervailing Duties on 

Imports of Sodium Nitrite from Russia: Responses 

to Supplemental Questions Regarding the 

Countervailing Duty Petition,’’ dated January 21, 

2022; ‘‘Sodium Nitrite from India: Responses to 

Second Supplemental Questions Regarding the 

Countervailing Duty Petition,’’ dated January 26, 

2022; and ‘‘Sodium Nitrite from India and Russia: 

Second Supplemental Questionnaire Response to 

Petition General Issues,’’ dated January 27, 2022 

(Second General Issues Supplement). 

5See ‘‘Determination of Industry Support for the 

Petitions’’ section, infra. 

6See Antidumping Duties; Countervailing Duties; 

Final Rule, 62 FR 27296, 27323 (May 19, 1997) 

(Preamble). 

7See 19 CFR 351.102(b)(21) (defining ‘‘factual 

information.’’). 

8See Antidumping and Countervailing Duty 

Proceedings: Electronic Filing Procedures; 

Administrative Protective Order Procedures, 76 FR 

39263 (July 6, 2011); see also Enforcement and 

Compliance; Change of Electronic Filing System 

Name, 79 FR 69046 (November 20, 2014) for details 

of Commerce’s electronic filing requirements, 

effective August 5, 2011. Information on using 

ACCESS can be found at https://access.trade.gov/ 

help.aspx and a handbook can be found at https:// 

access.trade.gov/help/Handbook%20on

%20Electronic%20Filling%20Procedures.pdf. 

9See Temporary Rule Modifying AD/CVD Service 

Requirements Due to COVID–19; Extension of 

Effective Period, 85 FR 41363 (July 10, 2020). 

10See Commerce’s Letters, ‘‘Petition for the 

Imposition of Countervailing Duty Petition on 

Imports of Certain Sodium Nitrite from India: 

Invitation for Consultations to Discuss the 

Countervailing Duty Petition,’’ dated January 18, 

2022; and ‘‘Sodium Nitrite from the Russian 

Federation: Invitation for Consultation to Discuss 

the Countervailing Duty Petition,’’ dated January 

14, 2022. 

11See Memoranda, ‘‘Countervailing Duty Petition 

on Sodium Nitrite from India: Consultations with 

Officials from the Government of India,’’ dated 

January 28, 2022; and ‘‘Countervailing Duty Petition 

on Sodium Nitrite from the Russian Federation: 

Consultations with Officials from the Government 

of the Russian Federation,’’ dated January 31, 2022. 

12See GOI’s Letter, ‘‘Pre-Initiation Consultation 

Note on the Petition for Initiation of Countervailing 

Duty Investigation concerning imports of Certain 

Sodium Nitrite from India (Case No. 533–907),’’ 

dated February 1, 2022. 

Petitions were accompanied by 

antidumping duty (AD) petitions 

concerning imports of sodium nitrite 

from India and Russia.2

Between January 18 and 27, 2022, 

Commerce requested supplemental 

information pertaining to certain aspects 

of the Petitions in separate 

supplemental questionnaires and 

telephone calls.3 The petitioner filed 

responses to these requests on January 

20, 21, 24, and 26, 2022.4

In accordance with section 702(b)(1) 

of the Tariff Act of 1930, as amended 

(the Act), the petitioner alleges that the 

Government of India (GOI) and the 

Government of Russia (GOR) are 

providing countervailable subsidies, 

within the meaning of sections 701 and 

771(5) of the Act, to producers of 

sodium nitrite in India and Russia, and 

that imports of such products are 

materially injuring, or threatening 

material injury to, the sodium nitrite 

industry in the United States. Consistent 

with section 702(b)(1) of the Act and 19 

CFR 351.202(b), for those alleged 

programs on which we are initiating 

CVD investigations, the Petitions were 

accompanied by information reasonably 

available to the petitioner supporting its 

allegations. 

Commerce finds that the petitioner 

filed the Petitions on behalf of the 

domestic industry, because the 

petitioner is an interested party, as 

defined in section 771(9)(C) of the Act. 

Commerce also finds that the petitioner 

demonstrated sufficient industry 

support for the initiation of the 

requested CVD investigations.5

Periods of Investigation 

Because the Petitions were filed on 

January 13, 2022, the period of 

investigation (POI) for these CVD 

investigations is January 1, 2021, 

through December 31, 2021, pursuant to 

19 CFR 351.204(b)(2). 

Scope of the Investigations 

The product covered by these 

investigations is sodium nitrite from 

India and Russia. For a full description 

of the scope of these investigations, see 

the appendix to this notice. 

Comments on Scope of the 

Investigations 

As discussed in the Preamble to 

Commerce’s regulations, we are setting 

aside a period for interested parties to 

raise issues regarding product coverage 

(i.e., scope).6 Commerce will consider 

all comments received from interested 

parties and, if necessary, will consult 

with interested parties prior to the 

issuance of the preliminary 

determinations. If scope comments 

include factual information,7 all such 

factual information should be limited to 

public information. To facilitate 

preparation of its questionnaires, 

Commerce requests that all interested 

parties submit scope comments by 5:00 

p.m. Eastern Time (ET) on February 22, 

2022, which is 20 calendar days from 

the signature date of this notice. Any 

rebuttal comments, which may include 

factual information, must be filed by 

5:00 p.m. ET on March 4, 2022, which 

is ten calendar days from the initial 

comment deadline. 

Commerce requests that any factual 

information the parties consider 

relevant to the scope of the 

investigations be submitted during this 

time period. However, if a party 

subsequently finds that additional 

factual information pertaining to the 

scope of these investigations may be 

relevant, the party must contact 

Commerce and request permission to 

submit the additional information. All 

such comments must be filed on the 

records of each of the concurrent AD 

and CVD investigations. 

Filing Requirements 

All submissions to Commerce must be 

filed electronically using Enforcement 

and Compliance’s Antidumping Duty 

and Countervailing Duty Centralized 

Electronic Service System (ACCESS), 

unless an exception applies.8 An 

electronically-filed document must be 

received successfully in its entirety by 

the time and date it is due. Note that 

Commerce has temporarily modified 

certain of its requirements for serving 

documents containing business 

proprietary information until further 

notice.9

Consultations 

Pursuant to sections 702(b)(4)(A)(i) 

and (ii) of the Act, Commerce notified 

the GOI and the GOR of the receipt of 

the Petitions and provided an 

opportunity for consultations with 

respect to the Petitions.10 Commerce 

held consultations with the GOI and the 

GOR on January 28, 2022.11 On 

February 1, 2022, the GOI submitted 

pre-initiation consultation comments.12

Determination of Industry Support for 

the Petitions 

Section 702(b)(1) of the Act requires 

that a petition be filed on behalf of the 

domestic industry. Section 702(c)(4)(A) 


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13See section 771(10) of the Act. 

14See USEC, Inc. v. United States, 132 F. Supp. 

2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. 

v. United States, 688 F. Supp. 639, 644 (CIT 1988), 

aff’d 865 F. 2d 240 (Fed. Cir. 1989)). 

15See Petitions at Volume I at 10–15. 

16For a discussion of the domestic like product 

analysis as applied to these cases and information 

regarding industry support, see Country-Specific 

CVD Initiation Checklists, ‘‘Countervailing Duty 

Investigation Initiation Checklists: Sodium Nitrite 

from India and the Russian Federation,’’ dated 

concurrently with this Federal Register notice and 

on file electronically via ACCESS (Country-Specific 

CVD Initiation Checklists) at Attachment II, 

Analysis of Industry Support for the Antidumping 

and Countervailing Duty Petitions Covering Sodium 

Nitrite from India and the Russian Federation 

(Attachment II). 

17See Petitions at Volume I at 3; see also General 

Issues Supplement at 3–4; General Issues Errata at 

1. 

18See Petitions at Volume I at 3 and Exhibit I– 

1; see also General Issues Supplement at 3–4 and 

Exhibit I–25; General Issues Errata at 1; and Second 

General Issues Supplement at 1 and Exhibit I–28. 

19See General Issues Supplement at 4; see also 

General Issues Errata at 1. 

20See Petitions at Volume I at 3 and Exhibit I– 

1; see also General Issues Supplement at 3–4 and 

Exhibit I–25; General Issues Errata at 1; and Second 

General Issues Supplement at 1 and Exhibit I–28. 

For further discussion, see Attachment II of the 

Country-Specific CVD Initiation Checklists. 

21See Country-Specific CVD Initiation Checklists 

at Attachment II; see also section 702(c)(4)(D) of the 

Act. 

22See Country-Specific CVD Initiation Checklists 

at Attachment II. 

23 Id. 

24 Id. 

25See Petitions at Volume I at 15 and Exhibit I– 

7; see also General Issues Supplement at 4 and 

Exhibit I–26; General Issues Errata at 1–2 and 

Exhibit I–26. 

of the Act provides that a petition meets 

this requirement if the domestic 

producers or workers who support the 

petition account for: (i) At least 25 

percent of the total production of the 

domestic like product; and (ii) more 

than 50 percent of the production of the 

domestic like product produced by that 

portion of the industry expressing 

support for, or opposition to, the 

petition. Moreover, section 702(c)(4)(D) 

of the Act provides that, if the petition 

does not establish support of domestic 

producers or workers accounting for 

more than 50 percent of the total 

production of the domestic like product, 

Commerce shall: (i) Poll the industry or 

rely on other information in order to 

determine if there is support for the 

petition, as required by subparagraph 

(A); or (ii) determine industry support 

using a statistically valid sampling 

method to poll the ‘‘industry.’’ 

Section 771(4)(A) of the Act defines 

the ‘‘industry’’ as the producers as a 

whole of a domestic like product. Thus, 

to determine whether a petition has the 

requisite industry support, the statute 

directs Commerce to look to producers 

and workers who produce the domestic 

like product. The International Trade 

Commission (ITC), which is responsible 

for determining whether ‘‘the domestic 

industry’’ has been injured, must also 

determine what constitutes a domestic 

like product in order to define the 

industry. While both Commerce and the 

ITC must apply the same statutory 

definition regarding the domestic like 

product,13 they do so for different 

purposes and pursuant to a separate and 

distinct authority. In addition, 

Commerce’s determination is subject to 

limitations of time and information. 

Although this may result in different 

definitions of the like product, such 

differences do not render the decision of 

either agency contrary to law.14

Section 771(10) of the Act defines the 

domestic like product as ‘‘a product 

which is like, or in the absence of like, 

most similar in characteristics and uses 

with, the article subject to an 

investigation under this title.’’ Thus, the 

reference point from which the 

domestic like product analysis begins is 

‘‘the article subject to an investigation’’ 

(i.e., the class or kind of merchandise to 

be investigated, which normally will be 

the scope as defined in the petition). 

With regard to the domestic like 

product, the petitioner does not offer a 

definition of the domestic like product 

distinct from the scope of the 

investigations.15 Based on our analysis 

of the information submitted on the 

record, we have determined that sodium 

nitrite, as defined in the scope, 

constitutes a single domestic like 

product, and we have analyzed industry 

support in terms of that domestic like 

product.16

In determining whether the petitioner 

has standing under section 702(c)(4)(A) 

of the Act, we considered the industry 

support data contained in the Petitions 

with reference to the domestic like 

product as defined in the ‘‘Scope of the 

Investigations,’’ in the appendix to this 

notice. To establish industry support, 

the petitioner provided its own total 

production of sodium nitrite during the 

calendar year 2021.17 The petitioner 

also provided an estimate of the 2021 

production for the only other known 

U.S. producer of sodium nitrite, SABIC 

Innovative Chemicals US, LLC.18 The 

petitioner then compared its own 

production to the total volume of 

sodium nitrite produced by the U.S. 

industry.19 We relied on data provided 

by the petitioner for purposes of 

measuring industry support.20

Our review of the data provided in the 

Petitions, the General Issues 

Supplement, General Issues Errata, 

Second General Issues Supplement, and 

other information readily available to 

Commerce indicates that the petitioner 

has established industry support for the 

Petitions. First, the Petitions established 

support from domestic producers (or 

workers) accounting for more than 50 

percent of the total production of the 

domestic like product and, as such, 

Commerce is not required to take further 

action in order to evaluate industry 

support (e.g., polling).21 Second, the 

domestic producers (or workers) have 

met the statutory criteria for industry 

support under section 702(c)(4)(A)(i) of 

the Act because the domestic producers 

(or workers) who support the Petitions 

account for at least 25 percent of the 

total production of the domestic like 

product.22 Finally, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 702(c)(4)(A)(ii) of the Act 

because the domestic producers (or 

workers) who support the Petitions 

account for more than 50 percent of the 

production of the domestic like product 

produced by that portion of the industry 

expressing support for, or opposition to, 

the Petitions.23 Accordingly, Commerce 

determines that the Petitions were filed 

on behalf of the domestic industry 

within the meaning of section 702(b)(1) 

of the Act.24

Injury Test 

Because India and Russia are 

‘‘Subsidies Agreement Countries’’ 

within the meaning of section 701(b) of 

the Act, section 701(a)(2) of the Act 

applies to these investigations. 

Accordingly, the ITC must determine 

whether imports of the subject 

merchandise from India and/or Russia 

materially injure, or threaten material 

injury to, a U.S. industry. 

Allegations and Evidence of Material 

Injury and Causation 

The petitioner alleges that imports of 

the subject merchandise are benefitting 

from countervailable subsidies and that 

such imports are causing, or threaten to 

cause, material injury to the U.S. 

industry producing the domestic like 

product. In addition, the petitioner 

alleges that subject imports exceed the 

negligibility threshold provided for 

under section 771(24)(A) of the Act.25

The petitioner contends that the 

industry’s injured condition is 

illustrated by a significant and 

increasing volume of subject imports; 

declining market share; underselling 

and price depression and suppression; 

lost sales and revenues; declines in 

production, shipments, capacity 

utilization, and employment; and 

decline in sales revenues and negative 


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26See Petitions at Volume I at 15–34 and Exhibits 

I–5, I–7, I–9 through I–15, and I–18; see also 

General Issues Supplement at 4–7 and Exhibits I– 

22 through I–24 and I–27. 

27See Country-Specific CVD Initiation Checklists 

at Attachment III, Analysis of Allegations and 

Evidence of Material Injury and Causation for the 

Antidumping and Countervailing Duty Petitions 

Covering Sodium Nitrite from India and the Russian 

Federation (Attachment III). 

28See Volume I of the Petitions at 9–10 and 

Exhibit I–6. 

29See section 777A(e)(2) of the Act and 19 CFR 

351.204(c)(2). 

30See Memorandum, ‘‘Countervailing Duty 

Petition on Imports of Sodium Nitrite from India: 

Release of U.S. Customs and Border Protection 

Data,’’ dated January 25, 2022. 

31See Volume I of the Petitions at 10 and Exhibits 

I–6, I–10, and I–17; see also General Issues 

Supplement at 2–3. 

32See Memorandum, ‘‘Sodium Nitrite from the 

Russian Federation Countervailing Duty Petition: 

Release of Customs Data from U.S. Customs and 

Border Protection,’’ dated January 28, 2022 (Russia 

CBP Import Data Release Memo). 

33See section 703(a) of the Act. 

impact on operating profits.26 We 

assessed the allegations and supporting 

evidence regarding material injury, 

threat of material injury, causation, as 

well as negligibility, and we have 

determined that these allegations are 

properly supported by adequate 

evidence, and meet the statutory 

requirements for initiation.27

Initiation of CVD Investigations 

Based upon the examination of the 

Petitions and supplemental responses, 

we find that they meet the requirements 

of section 702 of the Act. Therefore, we 

are initiating CVD investigations to 

determine whether imports of sodium 

nitrite from India and Russia benefit 

from countervailable subsidies 

conferred by the GOI and the GOR, 

respectively. In accordance with section 

703(b)(1) of the Act and 19 CFR 

351.205(b)(1), unless postponed, we will 

make our preliminary determinations no 

later than 65 days after the date of these 

initiations. 

India 

Based on our review of the CVD 

Petition on sodium nitrite from India, 

we find that there is sufficient 

information to initiate a CVD 

investigation on all 21 alleged programs. 

For a full discussion of the basis for our 

decision to initiate on each program, see 

the India CVD Initiation Checklist. A 

public version of the initiation checklist 

for this investigation is available on 

ACCESS. 

Russia 

Based on our review of the CVD 

Petition on sodium nitrite from Russia, 

we find that there is sufficient 

information to initiate a CVD 

investigation on ten of the 11 alleged 

programs. For a full discussion of the 

basis for our decision to initiate on ten 

of the programs and to not initiate on 

one program, see the Russia CVD 

Initiation Checklist. A public version of 

the initiation checklist for this 

investigation is available on ACCESS. 

Respondent Selection 

In the Petitions, the petitioner 

identified four companies in India and 

one company in Russia as producers/ 

exporters of sodium nitrite.28 Commerce 

intends to follow its standard practice in 

CVD investigations and calculate 

company-specific subsidy rates in this 

investigation. 

India 

In the event Commerce determines 

that the number of Indian producers/ 

exporters is large and it cannot 

individually examine each company 

based upon Commerce’s resources,29

Commerce intends to select respondents 

based on U.S. Customs and Border 

Protection (CBP) data for U.S. imports of 

sodium nitrite from India during the 

POI under the appropriate Harmonized 

Tariff Schedule of the United States 

numbers listed in the ‘‘Scope of the 

Investigations,’’ in the appendix. 

On January 25, 2022, Commerce 

released CBP data for U.S. imports of 

sodium nitrite from India under 

Administrative Protective Order (APO) 

to all parties with access to information 

protected by APO and indicated that 

interested parties wishing to comment 

on the CBP data and/or respondent 

selection must do so within three 

business days of the publication date of 

the notice of initiation of these 

investigations.30 Comments must be 

filed electronically using ACCESS. An 

electronically filed document must be 

received successfully, in its entirety, by 

ACCESS no later than 5:00 p.m. ET on 

the specified deadline. Commerce will 

not accept rebuttal comments regarding 

the CBP data or respondent selection. 

We intend to select respondents within 

20 days of publication of this notice. 

Interested parties must submit 

applications for disclosure under APO 

in accordance with 19 CFR 351.305(b). 

Instructions for filing such applications 

may be found on Commerce’s website at 

https://enforcement.trade.gov/apo. 

Russia 

In the Petition, the petitioner named 

only one company as a producer/ 

exporter of sodium nitrite in Russia, 

UralChem, JSC.31 Furthermore, we 

placed CBP import data onto the record 

of this proceeding, which corroborates 

the existence of UralChem, JSC as the 

sole producer/exporter in the foreign 

market,32 and we currently know of no 

additional producers/exporters of 

subject merchandise from Russia. 

Accordingly, Commerce intends to 

examine all known producers/exporters 

in this investigation (i.e., the company 

referenced above). As noted in the 

aforementioned Russia CBP Import Data 

Release Memo, we invite interested 

parties to comment on this issue within 

three days of publication of this notice 

in the Federal Register. Commerce will 

not accept rebuttal comments regarding 

respondent selection for Russia. Because 

we intend to examine all known 

producers/exporters, if no comments are 

received or if comments received further 

support the existence of this sole 

producer/exporter in Russia, we do not 

intend to conduct respondent selection 

and will proceed to issuing the initial 

countervailing duty questionnaire to the 

company identified. However, if 

comments are received that create a 

need for a respondent selection process, 

we intend to finalize our decisions 

regarding respondent selection within 

20 days of publication of this notice. 

Interested parties must submit 

applications for disclosure under APO 

in accordance with 19 CFR 351.305(b). 

Instructions for filing such applications 

may be found on Commerce’s website at 

https://enforcement.trade.gov/apo. 

Distribution of Copies of the Petitions 

In accordance with section 

702(b)(4)(A) of the Act and 19 CFR 

351.202(f), copies of the public version 

of the Petitions have been provided to 

the GOI and GOR via ACCESS. To the 

extent practicable, we will attempt to 

provide a copy of the public version of 

the Petitions to each exporter named in 

the Petitions, as provided under 19 CFR 

351.203(c)(2). 

ITC Notification 

Commerce will notify the ITC of its 

initiation, as required by section 702(d) 

of the Act. 

Preliminary Determinations by the ITC 

The ITC will preliminarily determine, 

within 45 days after the date on which 

the Petitions were filed, whether there 

is a reasonable indication that subject 

imports are materially injuring, or 

threatening material injury to, a U.S. 

industry.33 A negative ITC 

determination for any country will 

result in the investigation being 

terminated with respect to that 


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7112 Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices 

34 Id. 

35See 19 CFR 351.301(b). 

36See 19 CFR 351.301(b)(2). 

37See 19 CFR 351.301; see also Extension of Time 

Limits; Final Rule, 78 FR 57790 (September 20, 

2013), available at https://www.gpo.gov/fdsys/pkg/ 

FR-2013-09-20/html/2013-22853.htm. 

38See section 782(b) of the Act. 

39See Certification of Factual Information to 

Import Administration During Antidumping and 

Countervailing Duty Proceedings, 78 FR 42678 (July 

17, 2013) (Final Rule); see also frequently asked 

questions regarding the Final Rule, available at 

https://enforcement.trade.gov/tlei/notices/factual_

info_final_rule_FAQ_07172013.pdf. 

country.34 Otherwise, these CVD 

investigations will proceed according to 

the statutory and regulatory time limits. 

Submission of Factual Information 

Factual information is defined in 19 

CFR 351.102(b)(21) as: (i) Evidence 

submitted in response to questionnaires; 

(ii) evidence submitted in support of 

allegations; (iii) publicly available 

information to value factors under 19 

CFR 351.408(c) or to measure the 

adequacy of remuneration under 19 CFR 

351.511(a)(2); (iv) evidence placed on 

the record by Commerce; and (v) 

evidence other than factual information 

described in (i)–(iv). Section 351.301(b) 

of Commerce’s regulations requires any 

party, when submitting factual 

information, to specify under which 

subsection of 19 CFR 351.102(b)(21) the 

information is being submitted 35 and, if 

the information is submitted to rebut, 

clarify, or correct factual information 

already on the record, to provide an 

explanation identifying the information 

already on the record that the factual 

information seeks to rebut, clarify, or 

correct.36 Time limits for the 

submission of factual information are 

addressed in 19 CFR 351.301, which 

provides specific time limits based on 

the type of factual information being 

submitted. Interested parties should 

review the regulations prior to 

submitting factual information in these 

investigations. 

Extensions of Time Limits 

Parties may request an extension of 

time limits before the expiration of a 

time limit established under 19 CFR 

351.301, or as otherwise specified by 

Commerce. In general, an extension 

request will be considered untimely if it 

is filed after the expiration of the time 

limit established under 19 CFR 351.301. 

For submissions that are due from 

multiple parties simultaneously, an 

extension request will be considered 

untimely if it is filed after 10:00 a.m. ET 

on the due date. Under certain 

circumstances, Commerce may elect to 

specify a different time limit by which 

extension requests will be considered 

untimely for submissions which are due 

from multiple parties simultaneously. In 

such a case, Commerce will inform 

parties in a letter or memorandum of the 

deadline (including a specified time) by 

which extension requests must be filed 

to be considered timely. An extension 

request must be made in a separate, 

stand-alone submission; Commerce will 

grant untimely filed requests for the 

extension of time limits only in limited 

cases where we determine, based on 19 

CFR 351.302, that extraordinary 

circumstances exist. Parties should 

review Commerce’s regulations 

concerning factual information prior to 

submitting factual information in these 

investigations.37

Certification Requirements 

Any party submitting factual 

information in an AD or CVD 

proceeding must certify to the accuracy 

and completeness of that information.38

Parties must use the certification 

formats provided in 19 CFR 

351.303(g).39 Commerce intends to 

reject factual submissions if the 

submitting party does not comply with 

the applicable certification 

requirements. 

Notification to Interested Parties 

Interested parties must submit 

applications for disclosure under APO 

in accordance with 19 CFR 351.305. 

Parties wishing to participate in these 

investigations should ensure that they 

meet the requirements of 19 CFR 

351.103(d) (e.g., by filing the required 

letters of appearance). 

This notice is issued and published 

pursuant to sections 702 and 777(i) of 

the Act, and 19 CFR 351.203(c). 

Dated: February 2, 2022. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix 

Scope of the Investigations 

The product covered by these 

investigations is sodium nitrite in any form, 

at any purity level. In addition, the sodium 

nitrite covered by these investigations 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 these investigations, 

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. 2022–02634 Filed 2–4–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Antidumping or Countervailing Duty 

Order, Finding, or Suspended 

Investigation; Opportunity To Request 

Administrative Review and Join 

Annual Inquiry Service List 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

FOR FURTHER INFORMATION CONTACT: 

Brenda E. Brown, Office of AD/CVD 

Operations, Customs Liaison Unit, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230, telephone: (202) 482–4735. 

SUPPLEMENTARY INFORMATION: 

Background 

Each year during the anniversary 

month of the publication of an 

antidumping or countervailing duty 

order, finding, or suspended 

investigation, an interested party, as 

defined in section 771(9) of the Tariff 

Act of 1930, as amended (the Act), may 

request, in accordance with 19 CFR 

351.213, that the Department of 

Commerce (Commerce) conduct an 

administrative review of that 

antidumping or countervailing duty 

order, finding, or suspended 

investigation. 

All deadlines for the submission of 

comments or actions by Commerce 

discussed below refer to the number of 

calendar days from the applicable 

starting date. 

Respondent Selection 

In the event Commerce limits the 

number of respondents for individual 

examination for administrative reviews 

initiated pursuant to requests made for 

the orders identified below, Commerce 

intends to select respondents based on 

U.S. Customs and Border Protection 

(CBP) data for U.S. imports during the 

period of review. We intend to release 

the CBP data under Administrative 

Protective Order (APO) to all parties 

having an APO within five days of 

publication of the initiation notice and 

to make our decision regarding 

respondent selection within 35 days of 

publication of the initiation Federal 


khammond on DSKJM1Z7X2PROD with NOTICES