[Federal Register Volume 87, Number 26 (Tuesday, February 8, 2022)]
[Notices]
[Pages 7122-7127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02635]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-906, A-821-836]


Sodium Nitrite From India and the Russian Federation: Initiation 
of Less-Than-Fair-Value Investigations

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


DATES: Applicable February 2, 2022.

FOR FURTHER INFORMATION CONTACT: Joy Zhang (India) or Paola Aleman 
Ordaz (the Russian Federation (Russia)); AD/CVD Operations, Offices III 
and IV, respectively, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1168 and (202) 482-4031, 
respectively.

SUPPLEMENTARY INFORMATION:

The Petitions

    On January 13, 2022, the Department of Commerce (Commerce) received 
antidumping duty (AD) 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 Petitions were accompanied by countervailing duty (CVD) 
petitions concerning imports of sodium nitrite from India and 
Russia.\2\
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    \1\ See Petitioner's Letter, ``Sodium Nitrite from India and 
Russia: Antidumping and Countervailing Duty Petitions,'' dated 
January 13, 2022 (the Petitions).
    \2\ Id.
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    Between January 19 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 the supplemental questionnaires on January 21, 24, 
and 27, 2022.\4\
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    \3\ See Commerce's Letters, ``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; ``Petition for the Imposition of Antidumping 
Duties on Imports of Sodium Nitrite from India: Supplemental 
Questions,'' dated January 19, 2022; and ``Petition for the 
Imposition of Antidumping Duties on Imports of Sodium Nitrite from 
the Russian Federation: AD Questions,'' dated January 20, 2022; see 
also Memoranda, ``Phone Call with Counsel to the Petitioner,'' dated 
January 27, 2022.
    \4\ See Petitioner's Letters, ``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); ``Sodium Nitrite 
from India: Responses to Supplemental Questions Regarding the 
Antidumping Duty Petition,'' dated January 24, 2022; ``Petition for 
the Imposition of Antidumping Duties on Imports of Sodium Nitrite 
from Russia: Responses to Supplemental Questions Regarding the 
Antidumping Duty Petition,'' dated January 24, 2022; ``Sodium 
Nitrite from India and Russia: Second Supplemental Questionnaire 
Response to Petition General Issues,'' dated January 27, 2022 
(Second General Issues Supplement); ``Sodium Nitrite from India: 
Responses to Second Supplemental Questions Regarding the Antidumping 
Duty Petition,'' dated January 27, 2022; 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.

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[[Page 7123]]

    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that imports of sodium 
nitrite from India and Russia are being, or are likely to be, sold in 
the United States at less than fair value (LTFV) within the meaning of 
section 731 of the Act, 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 
732(b)(1) of the Act, 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 LTFV investigations.\5\
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    \5\ See infra, section titled ``Determination of Industry 
Support for the Petitions.''
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Periods of Investigation

    Because the Petitions were filed on January 13, 2022, the period of 
investigation (POI) for these LTFV investigations is January 1, 2021, 
through December 31, 2021, pursuant to 19 CFR 351.204(b)(1).\6\
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    \6\ See 19 CFR 351.204(b)(1).
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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 the 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).\7\ 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,\8\ all 
such factual information should be limited to public information. To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit such 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.
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    \7\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \8\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
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    Commerce requests that any factual information that parties 
consider relevant to the scope of these investigations be submitted 
during this 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 
submissions 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 via 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), unless an exception 
applies.\9\ An electronically-filed document must be received 
successfully in its entirety by the time and date on which it is due. 
Note that Commerce has temporarily modified certain of its requirements 
for serving documents containing business proprietary information until 
further notice.\10\
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    \9\ See 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 help 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_on_Electronic_Filing_Procedures.pdf.
    \10\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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Comments on Product Characteristics

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of sodium nitrite to be 
reported in response to Commerce's AD questionnaires. This information 
will be used to identify the key physical characteristics of the 
subject merchandise in order to report the relevant costs of production 
accurately, as well as to develop appropriate product-comparison 
criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. Specifically, they may provide comments as to 
which characteristics are appropriate to use as: (1) General product 
characteristics; and (2) product comparison criteria. We note that it 
is not always appropriate to use all product characteristics as product 
comparison criteria. We base product comparison criteria on meaningful 
commercial differences among products. In other words, although there 
may be some physical product characteristics utilized by manufacturers 
to describe sodium nitrite, it may be that only a select few product 
characteristics take into account commercially meaningful physical 
characteristics. In addition, interested parties may comment on the 
order in which the physical characteristics should be used in matching 
products. Generally, Commerce attempts to list the most important 
physical characteristics first and the least important characteristics 
last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaires, all product 
characteristics comments must be filed by 5:00 p.m. ET on February 22, 
2022, which is 20 calendar days from the signature date of this notice. 
Any rebuttal comments must be filed by 5:00 p.m. ET on March 4, 2022, 
which is ten calendar days from the initial comment deadline. All 
comments and submissions to Commerce must be filed electronically using 
ACCESS, as explained above, on the record of each of the LTFV 
investigations.

Determination of Industry Support for the Petitions

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) 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 732(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,

[[Page 7124]]

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,\11\ 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.\12\
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    \11\ See section 771(10) of the Act.
    \12\ See 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)).
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    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.\13\ 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.\14\
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    \13\ See Petitions at Volume I at 10-15.
    \14\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see Country-Specific AD Initiation Checklists, ``Antidumping 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 AD 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).
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    In determining whether the petitioner has standing under section 
732(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 volume of sodium nitrite during the calendar year 
2021.\15\ The petitioner also provided an estimate of the 2021 
production volume for the only other known U.S. producer of sodium 
nitrite, SABIC Innovative Chemicals US, LLC.\16\ The petitioner then 
compared its own production volume of sodium nitrite to the total 
volume of sodium nitrite produced by the U.S. industry.\17\ We relied 
on data provided by the petitioner for purposes of measuring industry 
support.\18\
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    \15\ See Petitions at Volume I at 3; see also General Issues 
Supplement at 3-4; and General Issues Errata at 1.
    \16\ See Petitions at Volume I at 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.
    \17\ See General Issues Supplement at 4; see also General Issues 
Errata at 1.
    \18\ See 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 AD Initiation Checklists.
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    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).\19\ Second, the domestic producers (or workers) have 
met the statutory criteria for industry support under section 
732(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.\20\ Finally, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 732(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.\21\ Accordingly, Commerce determines that the Petitions 
were filed on behalf of the domestic industry within the meaning of 
section 732(b)(1) of the Act.\22\
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    \19\ See Country-Specific AD Initiation Checklists at Attachment 
II; see also section 732(c)(4)(D) of the Act.
    \20\ See Country-Specific AD Initiation Checklists at Attachment 
II.
    \21\ Id.
    \22\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at LTFV. In addition, the petitioner alleges that 
subject imports exceed the negligibility threshold provided for under 
section 771(24)(A) of the Act.\23\
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    \23\ See Petitions at Volume I at 15 and Exhibit I-7; see also 
General Issues Supplement at 4 and Exhibit I-26; and General Issues 
Errata at 1-2 and Exhibit I-26.
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    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 a decline in sales 
revenues and a negative impact on operating profits.\24\ 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.\25\
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    \24\ See 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.
    \25\ See Country-Specific AD 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).
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Allegations of Sales at LTFV

    The following is a description of the allegations of sales at LTFV 
upon which Commerce based its decision to initiate these LTFV 
investigations on imports of sodium nitrite from India and Russia. The 
sources of data for the deductions and adjustments relating to U.S. 
price and normal value (NV) are discussed in greater detail in the 
country-specific AD initiation checklists.

U.S. Price

    For India and Russia, the petitioner based export price (EP) on the 
average unit values (AUVs) of publicly available import data.\26\ For 
India, the petitioner also based EP on price quotes for the sale of 
sodium nitrite produced in, and

[[Page 7125]]

exported from, India and offered for sale in the United States.\27\ The 
petitioner conservatively did not adjust the U.S. prices based on AUVs 
for movement or other expenses incurred in India and Russia for 
purposes of calculating net U.S. prices.\28\ For India, the petitioner 
made certain adjustments for movement and other expenses for the U.S. 
price based on price quotes to calculate a net U.S. price.\29\
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    \26\ See Country-Specific AD Initiation Checklists.
    \27\ See India AD Initiation Checklist.
    \28\ See Country-Specific AD Initiation Checklists.
    \29\ See India AD Initiation Checklist.
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Normal Value <SUP>30</SUP>
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    \30\ In accordance with section 773(b)(2) of the Act, for these 
investigations, Commerce will request information necessary to 
calculate the constructed value (CV) and cost of production (COP) to 
determine whether there are reasonable grounds to believe or suspect 
that sales of the foreign like product have been made at prices that 
represent less than the COP of the product.
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    For India, the petitioner based NV on home market pricing 
information obtained through market research for sodium nitrite 
produced in and sold, or offered for sale, in India.\31\ For Russia, 
the petitioner provided information indicating that the home market 
price it obtained through market research was below the cost of 
production (COP) and, therefore, the petitioner calculated NV based on 
constructed value (CV).\32\ For further discussion of CV, see the 
section ``Normal Value Based on Constructed Value.''
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    \31\ See India AD Initiation Checklist.
    \32\ See Russia AD Initiation Checklist.
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Normal Value Based on Constructed Value

    As noted above, the petitioner provided information indicating that 
the price charged for sodium nitrite produced in and sold, or offered 
for sale, in Russia was below the COP; therefore, for Russia, the 
petitioner calculated NV based on CV.\33\ Pursuant to section 773(e) of 
the Act, the petitioner calculated CV as the sum of the cost of 
manufacturing; selling, general, and administrative expenses; financial 
expenses; and profit.\34\ In calculating the cost of manufacturing, the 
petitioner relied on its own production experience and input 
consumption rates, adjusted for known differences, and valued inputs 
using publicly available information on costs specific to Russia during 
the proposed POI.\35\ In calculating selling, general, and 
administrative expenses; financial expenses; and profit ratios, the 
petitioner relied on the 2020 financial statements of a producer of 
chemical fertilizers and related mineral products and by-products in 
Russia.\36\
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    \33\ See Russia AD Initiation Checklist.
    \34\ Id.
    \35\ Id.
    \36\ Id.
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Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to 
believe that imports of sodium nitrite from India and Russia are being, 
or are likely to be, sold in the United States at LTFV. Based on 
comparisons of EP to NV or CV in accordance with sections 772 and 773 
of the Act, the estimated dumping margins for sodium nitrite from each 
of the countries covered by this initiation are as follows: (1) India--
53.43 to 153.30 percent; and (2) Russia--207.17 percent.\37\
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    \37\ See Country-Specific AD Initiation Checklists.
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Initiation of LTFV Investigations

    Based upon our examination of the Petitions and supplemental 
responses, we find that they meet the requirements of section 732 of 
the Act. Therefore, we are initiating these LTFV investigations to 
determine whether imports of sodium nitrite from India and Russia are 
being, or are likely to be, sold in the United States at LTFV. In 
accordance with section 733(b)(1)(A) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determinations no later than 140 days after the date of this 
initiation.

Respondent Selection

    In the Petitions, the petitioner identified four companies in India 
and one company in Russia as producers and/or exporters of sodium 
nitrite.\38\ With respect to India, following standard practice in LTFV 
investigations involving market economy countries, in the event that 
Commerce determines that the number of exporters or producers in any 
individual case is large such that it cannot individually examine each 
company based upon its resources, where appropriate, Commerce intends 
to select mandatory respondents in that case based on U.S. Customs and 
Border Protection (CBP) data for U.S. imports under the appropriate 
Harmonized Tariff Schedule of the United States subheadings listed in 
the ``Scope of the Investigations,'' in the appendix.
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    \38\ See Petitions at Volume I at 9-10 and Exhibit I-6; see also 
General Issues Supplement at 1-3.
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    On January 25 and 28, 2022, Commerce released CBP data on U.S. 
imports of sodium nitrite from India and Russia, respectively, 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 after the publication date of the notice 
of initiation of these investigations.\39\ Commerce will not accept 
rebuttal comments regarding the CBP data or respondent selection.
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    \39\ See Memoranda, ``Antidumping Duty Investigation of Sodium 
Nitrite from India: Release of Customs Data from U.S. Customs and 
Border Protection,'' dated January 25, 2022, and ``Antidumping Duty 
Petition on Imports of Sodium Nitrite from the Russian Federation: 
Release of U.S. Customs and Border Protection Data,'' dated January 
28, 2022 (Russia CBP Import Data Release Memorandum).
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    The petitioner named only one company as a producer/exporter of 
sodium nitrite in Russia, Uralchem, JSC (Uralchem).\40\ We placed CBP 
import data on the record of this proceeding, which supports the 
petitioner's identification of Uralchem as the sole producer/exporter 
of sodium nitrite in Russia.\41\ We currently know of no other 
producers/exporters of subject merchandise in Russia. Accordingly, 
Commerce intends to examine all known producers/exporters in this 
investigation (i.e., Uralchem). We are providing interested parties 
with an opportunity to comment on the CBP data and respondent selection 
within three business days of publication of this notice in the Federal 
Register.\42\ As noted above, Commerce will not accept rebuttal 
comments regarding the CBP data or respondent selection. If no comments 
are received, or if the comments that Commerce receives further support 
the existence of Uralchem as the sole producer/exporter of sodium 
nitrite in Russia, we do not intend to conduct respondent selection and 
will issue the AD questionnaire to Uralchem. However, if Commerce 
receives comments that require it to select a respondent, we intend to 
finalize our decisions regarding respondent selection within 20 days of 
publication of this notice.
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    \40\ See Petitions at Volume IV at 10 and Exhibit IV-1.
    \41\ See Russia CBP Import Data Release Memorandum.
    \42\ Id.
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    Comments on CBP data and respondent selection must be filed 
electronically using ACCESS. An electronically filed document must be 
received successfully in its entirety via ACCESS by 5:00 p.m. ET on the 
specified deadline. 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.

[[Page 7126]]

Distribution of Copies of the Petitions

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the Petitions have been 
provided to the governments of India and Russia 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

    We will notify the ITC of our initiation, as required by section 
732(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 imports of sodium nitrite from India and/or Russia are 
materially injuring, or threatening material injury to, a U.S. 
industry.\43\ A negative ITC determination for any country will result 
in the investigation being terminated with respect to that country.\44\ 
Otherwise, these LTFV investigations will proceed according to 
statutory and regulatory time limits.
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    \43\ See section 733(a) of the Act.
    \44\ Id.
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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 \45\ 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.\46\ 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.
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    \45\ See 19 CFR 351.301(b).
    \46\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation

    Section 773(e) of the Act addresses the concept of particular 
market situation (PMS) for purposes of CV, stating that ``if a 
particular market situation exists such that the cost of materials and 
fabrication or other processing of any kind does not accurately reflect 
the cost of production in the ordinary course of trade, the 
administering authority may use another calculation methodology under 
this subtitle or any other calculation methodology.'' When an 
interested party submits a PMS allegation pursuant to section 773(e) of 
the Act, Commerce will respond to such a submission consistent with 19 
CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section 
773(e) of the Act, then it will modify its dumping calculations 
appropriately.
    Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set 
a deadline for the submission of PMS allegations and supporting factual 
information. However, in order to administer section 773(e) of the Act, 
Commerce must receive PMS allegations and supporting factual 
information with enough time to consider the submission. Thus, should 
an interested party wish to submit a PMS allegation and supporting new 
factual information pursuant to section 773(e) of the Act, it must do 
so no later than 20 days after submission of a respondent's initial 
section D questionnaire response.

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, we 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, we 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.\47\
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    \47\ See 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.
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Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\48\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\49\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \48\ See section 782(b) of the Act.
    \49\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to 
frequently asked questions regarding the Final Rule are available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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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 a letter of appearance as 
discussed). Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\50\
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    \50\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    This notice is issued and published pursuant to sections 732(c)(2) 
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 
NaNO<INF>2</INF>, and it is

[[Page 7127]]

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. 2022-02635 Filed 2-4-22; 8:45 am]
BILLING CODE 3510-DS-P