[Federal Register Volume 75, Number 161 (Friday, August 20, 2010)]
[Notices]
[Pages 51440-51441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20750]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-801]
Solid Urea from the Russian Federation: Final Results of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On April 15, 2010, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping duty order on solid urea from the Russian Federation. The
solid urea subject to this review was produced and exported by MCC
EuroChem (EuroChem). The period of review (POR) is July 1, 2008,
through June 30, 2009.
Based on our analysis of comments received, we have made changes in
the margin calculation for EuroChem. Therefore, the final results are
different from the preliminary results. The final weighted-average
dumping margin for EuroChem is listed below in the section entitled
``Final Results of the Administrative Review.''
EFFECTIVE DATE: August 20, 2010.
FOR FURTHER INFORMATION CONTACT: Dustin Ross or Minoo Hatten, AD/CVD
Operations, Office 5, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
0747 and (202) 482-1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 15, 2010, the Department published the Preliminary Results
of the administrative review of the antidumping duty order on solid
urea from the Russian Federation. See Solid Urea From the Russian
Federation: Preliminary Results of Antidumping Duty Administrative
Review, 75 FR 19610 (April 15, 2010) (Preliminary Results).
On June 30, 2010, we received case briefs from the petitioners\1\
and from EuroChem. On July 12, 2010, we received rebuttal briefs from
the petitioners and from EuroChem. On July 13, 2010, at the request of
EuroChem, we held a public hearing.
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\1\ The Ad Hoc Committee of Domestic Nitrogen Producers and its
individual urea-producing members, CF Industries, Inc., and PCS
Nitrogen.
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Scope of the Order
The merchandise subject to the antidumping duty order is solid
urea, a high-nitrogen content fertilizer which is produced by reacting
ammonia with carbon dioxide. The product is currently classified under
the Harmonized Tariff Schedule of the United States (HTSUS) item number
3102.10.00.00. Previously such merchandise was classified under item
number 480.3000 of the Tariff Schedules of the United States. Although
the HTSUS subheading is provided for convenience and customs purposes,
the written description of the merchandise is dispositive.
Verification
We conducted a sales verification of EuroChem's response concerning
its constructed-export price sales on June 14, 2010, and June 15, 2010,
at EuroChem Trading USA's facility in Florida. We did not make any
changes to EuroChem's data as a result of the verification. The
Department released its verification report to interested parties on
June 22, 2010.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the ``Issues and Decision
Memorandum for the Antidumping Duty Administrative Review of Solid Urea
from the Russian Federation for the Period of Review July 1, 2008,
through June 30, 2009'' (Issues and Decision Memorandum) from Edward C.
Yang, Acting Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald K. Lorentzen, Deputy
Assistant Secretary for Import Administration, dated concurrently with
this notice, which is hereby adopted by this notice. A list of the
issues which the parties have raised and to which we have responded is
attached to this notice as an appendix. Parties can find a complete
discussion of all issues raised and corresponding recommendations in
this public memorandum, which is on file in Import Administration's
Central Records Unit, Room 1117 of the main Department building. In
addition, a complete version of the Issues and Decision Memorandum is
available on the Internet at http://ia.ita.doc.gov/frn/index.html. The
paper copy and electronic version of the Issues and Decision Memorandum
are identical in content.
Changes Since The Preliminary Results
Based on the analysis of comments received, we have revised the
appropriate date of sale for U.S. transactions from the date of sale
used in the Preliminary Results. Specifically, we adopted the date of
contract as the appropriate date of sale, rather than the date of
shipment. See the Issues and Decision Memorandum at Comment 3 for a
complete discussion of this issue.
Final Results of the Administrative Review
We determine that the weighted-average margin on solid urea from
the Russian Federation produced and exported by EuroChem for the period
July 1, 2008, through June 30, 2009, is 21.79 percent.
[[Page 51441]]
Assessment Rates
The Department shall determine and U.S. Customs and Border
Protection (CBP) shall assess antidumping duties on all appropriate
entries in accordance with 19 CFR 351.212(b)(1). The Department intends
to instruct CBP to assess all antidumping duties due for this review
period on the single unliquidated entry. Please see the Issues and
Decision Memorandum for further information.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment
Policy Notice). This clarification will apply to entries of subject
merchandise during the POR produced by EuroChem, which it did not know
were destined for the United States. In such instances, we will
instruct CBP to liquidate unreviewed entries at the all-others rate if
there is no rate for the intermediary(ies) involved in the transaction.
For a full discussion of this clarification, see Assessment Policy
Notice.
The Department intends to issue assessment instructions directly to
CBP 15 days after publication of these final results of review.
Cash-Deposit Requirements
The following cash-deposit requirements will be effective upon
publication 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 review, as provided by section
751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act): 1) the
cash-deposit rate for EuroChem will be 21.79 percent; 2) for previously
reviewed or investigated companies not listed above, the cash-deposit
rate will continue to be the company-specific rate published for the
most recent period; 3) if the exporter is not a firm covered in this
review, a prior 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 period for the manufacturer of
the merchandise; 4) the cash-deposit rate for all other manufacturers
or exporters will continue to be 64.93 percent, the all-others rate
established in the LTFV investigation. See Urea From the Union of
Soviet Socialist Republics; Final Determination of Sales at Less Than
Fair Value, 52 FR 19557 (May 26, 1987). Following the break-up of the
Soviet Union, the antidumping duty order on solid urea from the Soviet
Union was transferred to the individual members of the Commonwealth of
Independent States. See Solid Urea From the Union of Soviet Socialist
Republics; Transfer of the Antidumping Order on Solid Urea From the
Union of Soviet Socialist Republics to the Commonwealth of Independent
States and the Baltic States and Opportunity to Comment, 57 FR 28828
(June 29, 1992). The rate established in the LTFV investigation for the
Soviet Union was applied to each new independent state, including the
Russian Federation. These cash-deposit requirements shall remain in
effect until further notice.
Notification to Importers
This notice also 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 the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Notification Regarding Administrative Protective Orders
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO as explained in the APO itself. See 19 CFR 351.305(a)(3). Timely
written notification of the 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.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: August 13, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix
Comment 1: Presumption of Reimbursement
Comment 2: CEP Offset
Comment 3: Date of Sale
Comment 4: Zeroing
Comment 5: Assessment of Antidumping Duties
[FR Doc. 2010-20750 Filed 8-19-10; 8:45 am]
BILLING CODE 3510-DS-S