[Federal Register Volume 87, Number 123 (Tuesday, June 28, 2022)]
[Notices]
[Pages 38377-38379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13791]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-836]


Sodium Nitrite From the Russian Federation: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that sodium nitrite from the Russian Federation (Russia) is 
being, or is likely to be, sold in the United States at less than fair 
value (LTFV). The period of investigation (POI) is January 1, 2021, 
through December 31, 2021. Interested parties are invited to comment on 
this preliminary determination.

DATES: Applicable June 28, 2022.

FOR FURTHER INFORMATION CONTACT: Paola Aleman Ordaz, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4031.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on February 8, 
2022.\1\ For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\2\ A list of topics discussed in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at http://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \1\ See Sodium Nitrite from India and the Russian Federation: 
Initiation of Less-Than-Fair-Value Investigations, 87 FR 7122 
(February 2, 2022) (Initiation Notice).
    \2\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Sodium 
Nitrite from the Russian Federation'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation

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

Scope Comments

    In accordance with the preamble to Commerce's regulations,\3\ in 
the Initiation Notice, we set aside a period of time for parties to 
raise issues regarding product coverage (i.e., scope).\4\ No interested 
parties submitted comments on the scope of this investigation.
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    \3\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \4\ See Initiation Notice.
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Methodology

    Commerce is conducting this investigation in accordance with 
section 733 of the Act. Pursuant to section 776(a) and (b) of the Act, 
Commerce has preliminarily relied upon facts otherwise available, with 
adverse inferences, to determine the estimated weighted-average dumping 
margin for the sole mandatory respondent, i.e., Uralchem, JSC 
(Uralchem). For a full description of the methodology underlying the 
preliminary determination, see the Preliminary Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in 
the preliminary determination Commerce shall determine an estimated 
all-others rate for all exporters and producers not individually 
examined. This rate shall be an amount equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding rates that 
are zero, de minimis, or determined entirely under section 776 of the 
Act.
    In the situation where no estimated weighted-average dumping 
margins other than zero, de minimis, or those determined entirely under 
section 776 of the Act have been established for individually examined 
entities, in accordance with section 735(c)(5)(B) of the Act, Commerce 
may use ``any reasonable method to establish the estimated all-others 
rate for exporters and producers not individually investigated, 
including averaging the estimated weighted average dumping margins 
determined for the exporters and producers individually investigated.'' 
In this investigation, Commerce has preliminarily determined the 
estimated weighted-average dumping margin for Uralchem entirely under 
section 776 of the Act. Therefore, in the absence of a calculated 
estimated weighted-average dumping margin on the record of this 
investigation, we have preliminarily decided to assign the Petition 
rate of 207.17 percent to all other producers and exporters, pursuant 
to section 735(c)(5)(A) of the Act. For a full description of the 
methodology underlying Commerce's analysis, see the Preliminary 
Decision Memorandum.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                          Cash deposit
                                         Estimated        rate adjusted
         Exporter/producer            weighted-average     for subsidy
                                       dumping margin   offset (percent)
                                         (percent)             \5\
------------------------------------------------------------------------
Uralchem, JSC......................             207.17             25.73
All Others.........................             207.17             25.73
------------------------------------------------------------------------


[[Page 38378]]

Suspension of Liquidation
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    \5\ In the preliminary determination of the companion CVD 
proceeding, Commerce applied the AFA rate of 45.36 percent to each 
of the following export subsidy programs: (1) Preferential Lending 
by Sberbank to Restructure $3.99 Billion in Uralchem Debt; (2) State 
Financing for Industrial Export Projects; (3) Russian Export Center 
(REC) Lending; and (4) State Specialized Russian Export-Import Bank 
(Eximbank) Financing. We subtracted 181.44 percent, the sum of the 
export subsidy rates, from the dumping margin of 207.17 percent.
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    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise, as described in Appendix I, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register. Further, pursuant 
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will 
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows: 
(1) The cash deposit rate for the respondents listed above will be 
equal to the company-specific estimated weighted-average dumping 
margins determined in this preliminary determination; (2) if the 
exporter is not a respondent identified above, but the producer is, 
then the cash deposit rate will be equal to the company-specific 
estimated weighted-average dumping margin established for that producer 
of the subject merchandise; and (3) the cash deposit rate for all other 
producers and exporters will be equal to the all-others estimated 
weighted-average dumping margin. Commerce normally adjusts cash 
deposits for estimated antidumping duties by the amount of export 
subsidies countervailed in a companion countervailing duty (CVD) 
proceeding, when CVD provisional measures are in effect. Accordingly, 
where Commerce preliminarily made an affirmative determination for 
countervailable export subsidies, Commerce has offset the estimated 
weighted-average dumping margin by the appropriate CVD rate. Any such 
adjusted cash deposit rate may be found in the ``Preliminary 
Determination'' section above.
    Should provisional measures in the companion CVD investigation 
expire prior to the expiration of provisional measures in this LTFV 
investigation, Commerce will direct CBP to begin collecting estimated 
antidumping duty cash deposits unadjusted for countervailed export 
subsidies at the time that the provisional CVD measures expire.
    These suspension of liquidation instructions will remain in effect 
until further notice.

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with a preliminary determination within five 
days of any public announcement or, if there is no public announcement, 
within five days of the date of publication of the notice of 
preliminary determination in the Federal Register, in accordance with 
19 CFR 351.224(b). However, because Commerce preliminarily applied 
adverse facts available (AFA) to the individually examined company, 
Uralchem, in this investigation, in accordance with section 776 of the 
Act, and applied an AFA rate, which is based solely on the Petition, 
there are no calculations to disclose.

Verification

    Because the sole mandatory respondent in this investigation did not 
provide any of the information requested by Commerce, and Commerce 
preliminarily determines that the respondent failed to cooperate by not 
acting to the best of its ability to respond to Commerce's request for 
information, pursuant to section 776(b) of the Act, we will not conduct 
verification.

Public Comment

    Case briefs or other written comments on all issues may be 
submitted to the Assistant Secretary for Enforcement and Compliance no 
later than 21 days after the date of publication of the preliminarily 
determination.\6\ Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than seven days after the deadline 
date for case briefs.\7\ Note that Commerce has temporarily modified 
certain of its requirements for serving documents containing business 
proprietary information, until further notice.\8\ Pursuant to 19 CFR 
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal 
briefs in this investigation are encouraged to submit with each 
argument: (1) a statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.
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    \6\ See 19 CFR 351.309(c)(1)(i); and 19 CFR 351.303 (for general 
filling requirements). Commerce has exercised its discretion under 
19 CFR 351.309(c)(1)(i) to alter the time limit for submission of 
case briefs.
    \7\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \8\ 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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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests for a hearing 
should contain: (1) the requesting party's name, address, and telephone 
number; (2) the number of individuals from the requesting party that 
will attend the hearing, including, whether any individuals are foreign 
nationals; and (3) a list of the issues the party intends to discuss at 
the hearing. Issues raised in the hearing will be limited to those 
raised in the case and rebuttal briefs. If a hearing is requested, 
Commerce will notify interested parties of the hearing date and time. 
Parties should confirm by telephone the date and time of the hearing 
two days before the scheduled hearing date.

International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the U.S. International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination 
whether these imports materially injure, or threaten material injury 
to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).

    Dated: June 22, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Investigation

    The product covered by this investigation is sodium nitrite in 
any form, at any purity level. In addition, the sodium nitrite 
covered by this investigation may or may not contain an 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 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

[[Page 38379]]

7632-00-0. For purposes of the scope of this investigation, the 
narrative description is dispositive, not the tariff heading, CAS 
registry number or CAS name, which are provided for convenience and 
customs purposes.

Appendix II--List of Sections in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Application of Facts Available and Use of Adverse Inference
V. Recommendation

[FR Doc. 2022-13791 Filed 6-27-22; 8:45 am]
BILLING CODE 3510-DS-P