7122 Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices 

10See Large Diameter Welded Pipe from Greece: 

Amended Final Affirmative Antidumping 

Determination and Antidumping Duty Order, 84 FR 

18769 (May 2, 2019). 

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

India and Russia: Antidumping and Countervailing 

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 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. 

4See 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. 

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 the 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 Corinth will be 

the rate shown above; (2) for previously 

investigated companies not 

participating in this review, the cash 

deposit rate will continue to be the 

company-specific rate published for the 

most recently completed segment of this 

proceeding; (3) if the exporter is not a 

firm covered in this review, or the 

original less-than-fair-value (LTFV) 

investigation, but the manufacturer is, 

the cash deposit rate will be the rate 

established for the most recent segment 

for the manufacturer of the 

merchandise; and (4) the cash deposit 

rate for all other manufacturers or 

exporters will continue to be 10.26 

percent, the all-others rate made 

effective by the LTFV investigation.10

These deposit requirements, when 

imposed, shall remain in effect until 

further notice. 

Notification to Importers 

This notice 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 serves as the only 

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), which 

continues to govern business 

proprietary information in this segment 

of the proceeding. 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 

This notice is being issued and 

published in accordance with sections 

751(a)(1) and 777(i) of the Act, and 19 

CFR 351.213. 

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. Application of Facts Available and Use of 

Adverse Inferences 

V. Discussion of the Issues 

Comment 1: Application of Total Adverse 

Facts Available (AFA) for Corinth’s 

Failure to Provide an Adequate Cost 

Reconciliation 

Comment 2: Application of Total AFA for 

Corinth’s Failure to Provide Adequate 

Cost Buildups 

Comment 3: Application of Partial AFA to 

Corinth’s Unreconciled Costs 

Comment 4: Adjustment of Corinth’s 

Reported Interest Expense Ratio to 

Account for Certain Excluded Expenses 

Comment 5: Inclusion of ‘‘Idle’’ Costs in 

Corinth’s General and Administrative 

(G&A) Expenses 

Comment 6: Application of Partial AFA to 

Services Provided by Dia.Vi.Pe.Thi.V 

S.A 

Comment 7: Double Counting of Foreign 

Port Charges on U.S. Sales 

Comment 8: Section 232 Duty Deduction 

from Corinth’s Constructed Export Price 

(CEP) 

VI. Recommendation 

[FR Doc. 2022–02637 Filed 2–7–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–533–906, A–821–836] 

Sodium Nitrite From India and the 

Russian Federation: Initiation of LessThan-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

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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5See infra, section titled ‘‘Determination of 

Industry Support for the Petitions.’’ 

6See 19 CFR 351.204(b)(1). 

7See Antidumping Duties; Countervailing Duties, 

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

(Preamble). 

8See 19 CFR 351.102(b)(21) (defining ‘‘factual 

information’’). 

9See 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. 

10See Temporary Rule Modifying AD/CVD 

Service Requirements Due to COVID–19; Extension 

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

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

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

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. 

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

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, 


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11See section 771(10) of the Act. 

12See 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)). 

13See Petitions at Volume I at 10–15. 

14For 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). 

15See Petitions at Volume I at 3; see also General 

Issues Supplement at 3–4; and General Issues Errata 

at 1. 

16See 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. 

17See General Issues Supplement at 4; see also 

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. 

For further discussion, see Attachment II of the 

Country-Specific AD Initiation Checklists. 

19See Country-Specific AD Initiation Checklists 

at Attachment II; see also section 732(c)(4)(D) of the 

Act. 

20See Country-Specific AD Initiation Checklists 

at Attachment II. 

21 Id. 

22 Id. 

23See 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. 

24See 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. 

25See 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). 

26See Country-Specific AD Initiation Checklists. 

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

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

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

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

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

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

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 


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27See India AD Initiation Checklist. 

28See Country-Specific AD Initiation Checklists. 

29See India AD Initiation Checklist. 

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. 

31See India AD Initiation Checklist. 

32See Russia AD Initiation Checklist. 

33See Russia AD Initiation Checklist. 

34 Id. 

35 Id. 

36 Id. 

37See Country-Specific AD Initiation Checklists. 

38See Petitions at Volume I at 9–10 and Exhibit 

I–6; see also General Issues Supplement at 1–3. 

39See 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). 

40See Petitions at Volume IV at 10 and Exhibit 

IV–1. 

41See Russia CBP Import Data Release 

Memorandum. 

42 Id. 

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

Normal Value 30

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.’’ 

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

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

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. 

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. 

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. 

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. 


khammond on DSKJM1Z7X2PROD with NOTICES
7126 Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices 

43See section 733(a) of the Act. 

44 Id. 

45See 19 CFR 351.301(b). 

46See 19 CFR 351.301(b)(2). 

47See 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. 

48See section 782(b) of the Act. 

49See 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. 

50See Temporary Rule Modifying AD/CVD 

Service Requirements Due to COVID–19; Extension 

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

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. 

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. 

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

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. 

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

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 NaNO2, and it is 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices 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 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Meeting of the Civil Nuclear Trade 

Advisory Committee 

AGENCY: International Trade 

Administration, Department of 

Commerce. 

ACTION: Notice of a partially closed 

federal advisory committee meeting. 

SUMMARY: This notice sets forth the 

schedule and proposed agenda for a 

partially closed meeting of the Civil 

Nuclear Trade Advisory Committee 

(CINTAC). 

DATES: The meeting is scheduled for 

Thursday, February 17, 2022, from 

10:00 a.m. to 3:00 p.m. Eastern Standard 

Time (EST). The deadline for members 

of the public to register to participate, 

including requests to make comments 

during the meeting and for auxiliary 

aids, or to submit written comments for 

dissemination prior to the meeting, is 

5:00 p.m. EST on Friday, February 11, 

2022. 

ADDRESSES: The meeting will be held 

virtually via Microsoft Teams. Requests 

to register to participate (including to 

speak or for auxiliary aids) and any 

written comments should be submitted 

via email to Mr. Jonathan Chesebro, 

Office of Energy & Environmental 

Industries, International Trade 

Administration, at jonathan.chesebro@

trade.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jonathan Chesebro, Office of Energy & 

Environmental Industries, International 

Trade Administration (Phone: 202–482– 

1297; email: jonathan.chesebro@

trade.gov). 

SUPPLEMENTARY INFORMATION: 

Background: The CINTAC was 

established under the discretionary 

authority of the Secretary of Commerce 

and in accordance with the Federal 

Advisory Committee Act, as amended (5 

U.S.C. app.), in response to an identified 

need for consensus advice from U.S. 

industry to the U.S. Government 

regarding the development and 

administration of programs to expand 

United States exports of civil nuclear 

goods and services in accordance with 

applicable U.S. laws and regulations, 

including advice on how U.S. civil 

nuclear goods and services export 

policies, programs, and activities will 

affect the U.S. civil nuclear industry’s 

competitiveness and ability to 

participate in the international market. 

The Department of Commerce 

renewed the CINTAC charter on August 

5, 2020. This meeting is being convened 

under the seventh charter of the 

CINTAC. 

Topics to be considered: The agenda 

for the CINTAC meeting on Thursday, 

February 17, 2022, is as follows: 

Closed Session (10:00 a.m.–1:00 

p.m.)—Discussion of matters 

determined to be exempt from the 

provisions of the Federal Advisory 

Committee Act relating to public 

meetings found in 5 U.S.C. app. 

(10)(a)(1) and 10(a)(3). The session will 

be closed to the public pursuant to 

Section 10(d) of FACA as amended by 

Section 5(c) of the Government in 

Sunshine Act, Public Law 94–409, and 

in accordance with Section 552b(c)(4) 

and Section 552b(c)(9)(B) of Title 5, 

United States Code, which authorize 

closure of meetings that are ‘‘likely to 

disclose trade secrets and commercial or 

financial information obtained from a 

person and privileged or confidential’’ 

and ‘‘likely to significantly frustrate 

implementation of a proposed agency 

action,’’ respectively. The part of the 

meeting that will be closed will address 

(1) nuclear cooperation agreements; (2) 

encouraging ratification of the 

Convention on Supplementary 

Compensation for Nuclear Damage; and 

(3) identification of specific trade 

barriers impacting the U.S. civil nuclear 

industry. 

Public Session (1:00 p.m.–3:00 

p.m.)—Discuss work of the 

subcommittees, review of deliberative 

recommendations, and opportunity to 

hear from members of the public. 

Members of the public wishing to 

attend the public session of the meeting 

must notify Mr. Chesebro at the contact 

information above by 5:00 p.m. EST on 

Friday, February 11, 2022 in order to 

pre-register to participate. Please specify 

any requests for reasonable 

accommodation at least five business 

days in advance of the meeting. Last 

minute requests will be accepted but 

may not be possible to fill. A limited 

amount of time will be available for 

brief oral comments from members of 

the public attending the meeting. To 

accommodate as many speakers as 

possible, the time for public comments 

will be limited to two (2) minutes per 

person, with a total public comment 

period of 30 minutes. Individuals 

wishing to reserve speaking time during 

the meeting must contact Mr. Chesebro 

and submit a brief statement of the 

general nature of the comments and the 

name and address of the proposed 

participant by 5:00 p.m. EST on Friday, 

February 11, 2022. If the number of 

registrants requesting to make 

statements is greater than can be 

reasonably accommodated during the 

meeting, the International Trade 

Administration may conduct a lottery to 

determine the speakers. 

Any member of the public may 

submit written comments concerning 

the CINTAC’s affairs at any time before 

or after the meeting. Comments may be 

submitted to Mr. Jonathan Chesebro at 

Jonathan.chesebro@trade.gov. For 

consideration during the meeting, and 

to ensure transmission to the Committee 

prior to the meeting, comments must be 

received no later than 5:00 p.m. EST on 

Friday, February 11, 2022. Comments 

received after that date will be 

distributed to the members but may not 

be considered at the meeting. 

Copies of CINTAC meeting minutes 

will be available within 90 days of the 

meeting. 

Dated: February 3, 2022. 

Devin Horne, 

Senior International Trade Specialist, Office 

of Energy and Environmental Industries. 

[FR Doc. 2022–02590 Filed 2–7–22; 8:45 am] 

BILLING CODE 3510–DR–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB785] 

Pacific Fishery Management Council; 

Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meeting. 

SUMMARY: The Pacific Fishery 

Management Council’s (Pacific Council) 

will convene a webinar meeting of its 

Groundfish Management Team (GMT) to 

discuss items on the Pacific Council’s 

March 2022 meeting agenda. This 

meeting is open to the public. 

DATES: The online meeting will be held 

on Wednesday, February 23, 2022, from 

1 p.m. to 4 p.m. Pacific Standard Time. 

The scheduled ending time for this 


khammond on DSKJM1Z7X2PROD with NOTICES