[Federal Register Volume 87, Number 118 (Tuesday, June 21, 2022)]
[Notices]
[Pages 36824-36826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13184]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-907]


Sodium Nitrite From India: Preliminary Affirmative Countervailing 
Duty Determination and Alignment of Final Determination With the Final 
Antidumping Duty Determination

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that countervailable subsidies are being provided to 
producers and exporters of sodium nitrite from India for the period of 
investigation (POI) January 1, 2021, through December 31, 2021. 
Interested parties are invited to comment on this preliminary 
determination.

DATES: Applicable June 21, 2022.

FOR FURTHER INFORMATION CONTACT: Eva Kim, 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) 482-8283.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this countervailing duty (CVD) 
investigation on February 8, 2022.\1\ On March 18, 2022, Commerce 
postponed the preliminary determination of this investigation until 
June 13, 2022.\2\ For a complete description of events that followed 
the initiation of this investigation, see the Preliminary Decision 
Memorandum.\3\ 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 https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \1\ See Sodium Nitrite from India and the Russian Federation: 
Initiation of Countervailing Duty Investigations, 87 FR 7108 
(February 8, 2022) (Initiation Notice).
    \2\ See Sodium Nitrite from India: Postponement of Preliminary 
Determination in the Countervailing Duty Investigation, 87 FR 15373 
(March 18, 2022).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Affirmative Determination in the Countervailing Duty Investigation 
of Sodium Nitrite from India,'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

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

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage, (i.e., scope).\5\ No interested 
party commented on the scope of the investigation as it appeared in the 
Initiation Notice.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice, 87 FR at 7109.

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

[[Page 36825]]

Methodology

    Commerce is conducting this investigation in accordance with 
section 701 of the Act. For each of the subsidy programs found to be 
countervailable, Commerce preliminarily determines that there is a 
subsidy, i.e., a financial contribution by an ``authority'' that gives 
rise to a benefit to the recipient, and that the subsidy is 
specific.\6\
---------------------------------------------------------------------------

    \6\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

    Commerce notes that, in making these findings, it relied, in part, 
on facts available and, because it finds that the Government of India 
did not act to the best of its ability to respond to Commerce's 
requests for information, it drew an adverse inference where 
appropriate in selecting from among the facts otherwise available.\7\ 
For further information, see the ``Use of Facts Otherwise Available and 
Adverse Inferences'' section in the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \7\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Alignment

    As noted in the Preliminary Decision Memorandum, in accordance with 
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is 
aligning the final CVD determination in this investigation with the 
final determination in the companion antidumping duty investigation of 
sodium nitrite from India based on a request made by the petitioner.\8\ 
Consequently, the final CVD determination will be issued on the same 
date as the final AD determination, which is currently scheduled to be 
issued no later than October 25, 2022, unless postponed.
---------------------------------------------------------------------------

    \8\ The petitioner is Chemtrade Chemicals US LLC. See 
Petitioner's Letter, ``Sodium Nitrite from India: Request to Align 
Final Countervailing Duty Determination with Companion Antidumping 
Duty Final Determination,'' dated May 27, 2022.
---------------------------------------------------------------------------

All-Others Rate

    Sections 703(d) and 705(c)(5)(A) of the Act provide that in the 
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be 
an amount equal to the weighted average of the estimated subsidy rates 
established for those companies individually examined, excluding any 
zero and de minimis rates and any rates based entirely under section 
776 of the Act.
    Commerce calculated an individual estimated countervailable subsidy 
rate for Deepak Nitrite Limited (Deepak), the only individually 
examined exporter/producer in this investigation. Because the only 
individually calculated rate is not zero, de minimis, or based entirely 
on facts otherwise available, the estimated weighted-average rate 
calculated for Deepak is the rate assigned to all other producers and 
exporters, pursuant to section 735(c)(5)(A)(i) of the Act.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
countervailable subsidy rates exist:
---------------------------------------------------------------------------

    \9\ Deepak Nitrite Limited includes Deepak Nitrite Limited 
Nandesari Division.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                           (percent  ad
                                                             valorem)
------------------------------------------------------------------------
Deepak Nitrite Limited \9\..............................           12.88
All Others..............................................           12.88
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 703(d)(1)(B) and (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 
the scope of the investigation section entered, or withdrawn from 
warehouse, for consumption on or after the date of the publication of 
this notice in the Federal Register. Further, pursuant to 19 CFR 
351.205(d), Commerce will instruct CBP to require a cash deposit equal 
to the rates indicated above.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of its public announcement, or if there is no public 
announcement, within five days of the date of this notice in accordance 
with 19 CFR 351.244(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final 
determination.\10\
---------------------------------------------------------------------------

    \10\ See Commerce's Letter, ``Countervailing Duty Investigation 
of Sodium Nitrite from India: Verification Preparedness 
Questionnaire,'' dated June 6, 2022.
---------------------------------------------------------------------------

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the deadline for the verification questionnaire response in 
this investigation. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than seven days after the deadline 
for case briefs.\11\ Note that Commerce has temporarily modified 
certain of its requirements for serving documents containing business 
proprietary information, until further notice.\12\ 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.
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \12\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
---------------------------------------------------------------------------

    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 should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.

International Trade Commission Notification

    In accordance with section 703(f) of the Act, Commerce will notify 
the U.S. International Trade Commission (ITC) of its 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 imports of sodium 
nitrite from India are materially injuring, or threaten material injury 
to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act, and 19 CFR 351.205(c).


[[Page 36826]]


    Dated: June 13, 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 anticaking 
agent. Examples of names commonly used to reference sodium nitrite 
are nitrous acid, sodium salt, anti-rust, diazotizing salts, 
erinitrit, and filmerine. Sodium nitrite's chemical composition is 
NaNO2, and it is generally classified under subheading 2834.10.1000 
of the Harmonized Tariff Schedule of the United States (HTSUS). The 
American Chemical Society Chemical Abstract Service (CAS) has 
assigned the name ``sodium nitrite'' to sodium nitrite. The CAS 
registry number is 7632-00-0. For purposes of the scope of 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 Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Subsidies Valuation
V. Use of Facts Otherwise Available and Adverse Inferences
VI. Benchmarks and Interest Rates
VII. Analysis of Programs
VIII. Recommendation

[FR Doc. 2022-13184 Filed 6-17-22; 8:45 am]
BILLING CODE 3510-DS-P