[Federal Register Volume 87, Number 123 (Tuesday, June 28, 2022)]
[Notices]
[Pages 38375-38377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13772]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-821-837]


Sodium Nitrite From the Russian Federation: Final Affirmative 
Countervailing Duty Determination

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to producers and exporters 
of sodium nitrite from the Russian Federation (Russia) during the 
period of investigation January 1, 2021, through December 31, 2021.

DATES: Applicable June 28, 2022.

FOR FURTHER INFORMATION CONTACT: Melissa Porpotage, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1413.

SUPPLEMENTARY INFORMATION:

Background

    The petitioner in this investigation is Chemtrade Chemicals US LLC. 
In addition to the Government of Russia

[[Page 38376]]

(GOR), the mandatory respondent in this investigation is UralChem, JSC 
(UralChem).
    On April 15, 2022, Commerce published in the Federal Register the 
Preliminary Determination of this investigation.\1\ We received no 
comments or case briefs addressing any of the findings in the 
Preliminary Determination; therefore, there is no unpublished Issues 
and Decision Memorandum accompanying this notice.
---------------------------------------------------------------------------

    \1\ See Sodium Nitrite from the Russian Federation: Preliminary 
Affirmative Countervailing Duty Determination, 87 FR 22504 (April 
15, 2022) (Preliminary Determination), and accompanying Preliminary 
Decision Memorandum (PDM).
---------------------------------------------------------------------------

Period of Investigation

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

Scope of the Investigation

    The scope of this investigation covers sodium nitrite in any form, 
at any purity level from Russia. For a complete description of the 
scope of this investigation, see the appendix to this notice.

Analysis of Subsidy Programs--Adverse Facts Available (AFA)

    For purposes of this final determination, we relied solely on facts 
available pursuant to section 776 of the Tariff Act of 1930, as 
amended, (the Act) because neither the GOR nor the selected mandatory 
respondent, UralChem, participated in this investigation. Further, 
because UralChem and the GOR did not cooperate to the best of their 
abilities in responding to our requests for information in this 
investigation, we drew adverse inferences in selecting from among the 
facts otherwise available, in accordance with sections 776(a)-(b) of 
the Act. Consistent with the Preliminary Determination,\2\ we continue 
to apply AFA to determine the appropriate subsidy rates for this 
investigation. No interested party submitted comments on the subsidy 
rates selected in the Preliminary Determination. Thus, we made no 
changes to the subsidy rates for the final determination. A detailed 
discussion of our application of AFA is provided in the Preliminary 
Determination.\3\
---------------------------------------------------------------------------

    \2\ See Preliminary Determination PDM at 3-11.
    \3\ Id.
---------------------------------------------------------------------------

All-Others Rate

    As discussed in the Preliminary Determination, Commerce based the 
selection of the all-others rate on the countervailable subsidy rate 
established for the mandatory respondent, in accordance with section 
705(c)(5)(A)(ii) of the Act.\4\ We made no changes to the selection of 
the all-others rate for this final determination.
---------------------------------------------------------------------------

    \4\ See Preliminary Determination, 87 FR at 22504.
---------------------------------------------------------------------------

Final Determination

    Commerce determines that the following estimated countervailable 
subsidy rates exist:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
UralChem, JSC...........................................          386.24
All Others..............................................          386.24
------------------------------------------------------------------------

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with a final 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 final 
determination in the Federal Register, in accordance with 19 CFR 
351.224(b). However, because there are no changes to the calculations 
from the Preliminary Determination, no additional disclosure is 
necessary.

Continuation of Suspension of Liquidation

    In accordance with section 705(c)(4)(A) of the Act, Commerce 
intends to instruct U.S. Customs and Border Protection (CBP) to 
continue to suspend the liquidation of all appropriate entries of 
subject merchandise, as described in the appendix of this notice, 
entered, or withdrawn from warehouse, for consumption on or after April 
15, 2022, which is the date of publication of the affirmative 
Preliminary Determination in the Federal Register, at the cash deposit 
rates indicated above. These suspension of liquidation instructions 
will remain in effect until further notice.
    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we intend to issue a countervailing 
duty order and continue to require a cash deposit of estimated 
countervailing duties for such entries of subject merchandise in the 
amounts indicated above, in accordance with section 706(a) of the Act. 
If the ITC determines that material injury, or threat of material 
injury, does not exist, this proceeding will be terminated, and all 
estimated duties deposited as a result of the suspension of liquidation 
will be refunded or canceled.

ITC Notification

    In accordance with section 705(d) of the Act, we intend to notify 
the ITC of our final affirmative determination that countervailable 
subsidies are being provided to producers and exporters of sodium 
nitrite from Russia. Because the final determination in this proceeding 
is affirmative, in accordance with section 705(b) of the Act, the ITC 
will make its final determination as to whether the domestic industry 
in the United States is materially injured, or threatened with material 
injury, by reason of imports of sodium nitrite from Russia no later 
than 45 days after our final determination.
    If the ITC determines that material injury or threat of material 
injury does not exist, this proceeding will be terminated and all cash 
deposits will be refunded or canceled, as Commerce determines to be 
appropriate. If the ITC determines that such injury does exist, 
Commerce intends to issue a countervailing duty order directing CBP to 
assess, upon further instruction by Commerce, countervailing duties on 
all imports of the subject merchandise that are entered, or withdrawn 
from warehouse, for consumption on or after the effective date of the 
suspension of liquidation, as discussed above in the ``Continuation of 
Suspension of Liquidation'' section.

Administrative Protective Order (APO)

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to an APO of their responsibility concerning the destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a sanctionable violation.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act, and 19 CFR 351.210(c).

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

Appendix

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

[[Page 38377]]

commonly used to reference sodium nitrite are nitrous acid, sodium 
salt, anti-rust, diazotizing salts, erinitrit, and filmerine. Sodium 
nitrite's chemical composition is NaNO2, and it is generally 
classified under subheading 2834.10.1000 of the Harmonized Tariff 
Schedule of the United States (HTSUS). The American Chemical Society 
Chemical Abstract Service (CAS) has assigned the name ``sodium 
nitrite'' to sodium nitrite. The CAS registry number is 7632-00-0. 
For purposes of the scope of this investigation, the narrative 
description is dispositive, not the tariff heading, CAS registry 
number or CAS name, which are provided for convenience and customs 
purposes.

[FR Doc. 2022-13772 Filed 6-27-22; 8:45 am]
BILLING CODE 3510-DS-P