[Federal Register Volume 76, Number 81 (Wednesday, April 27, 2011)]
[Notices]
[Pages 23569-23570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10176]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-811]
Termination of the Suspension Agreement on Solid Fertilizer Grade
Ammonium Nitrate From the Russian Federation and Notice of Antidumping
Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On March 3, 2011, the Department of Commerce (``the
Department'') received a letter from the Ministry of Economic
Development (``MED'') of the Russian Federation (``Russia'') dated
February 22, 2011, that had been sent to the United States Embassy in
Moscow for transmittal to the Department concerning the Agreement
Suspending the Antidumping Duty (``AD'') Investigation on Solid
Fertilizer Grade Ammonium Nitrate from the Russian Federation (``the
Agreement''). In that letter, the MED stated that it was withdrawing
from the Agreement. In accordance with Section X.C. of the Agreement,
termination of the Agreement shall be effective 60 days after notice of
termination of the Agreement is given to the Department. Pursuant to
section 734(g) of the Tariff Act of 1930, as amended (``the Act''), the
underlying investigation was continued following the signature of the
Agreement, resulting in an affirmative determination of dumping
resulting in material injury to a domestic industry. Therefore, the
Department is terminating the Agreement and issuing an AD order,
effective May 2, 2011 (60 days from when the Department received notice
of MED's request for termination). The Department also will direct
suspension of liquidation to begin on that date.
DATES: Effective Date: May 2, 2011.
FOR FURTHER INFORMATION CONTACT: Judith Wey Rudman or Julie Santoboni,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-0192 or (202) 482-3063,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 12, 1999, the Department initiated an AD investigation
under section 732 of the Act to determine whether imports of solid
fertilizer grade ammonium nitrate (``ammonium nitrate'') from Russia
were being, or were likely to be, sold in the United States at less
than fair value. See Initiation of Antidumping Duty Investigation:
Solid Fertilizer Grade Ammonium Nitrate from the Russian Federation, 64
FR 45236 (August 19, 1999). On September 15, 1999, the International
Trade Commission (``ITC'') published its affirmative preliminary injury
determination. (See Certain Ammonium Nitrate from Russia, Investigation
No. 731-TA-856 (Preliminary), 64 FR 50103 (September 15, 1999)). On
January 7, 2000, the Department published its preliminary determination
that ammonium nitrate was being, or was likely to be, sold in the
United States at less than fair value. See Notice of Preliminary
Determination of Sales at Less Than Fair Value: Solid Fertilizer Grade
Ammonium Nitrate from the Russian Federation, 65 FR 1139 (January 7,
2000).
The Department suspended the AD investigation on ammonium nitrate
from Russia, effective May 19, 2000 (See Suspension of Antidumping Duty
Investigation: Solid Fertilizer Grade Ammonium Nitrate from the Russian
Federation, 65 FR 37759 (June 16, 2000)). The basis for this action was
an agreement between the Department and the Ministry of Trade of the
Russian Federation (``MOT'') (the MOT was the predecessor to the MED)
accounting for substantially all imports of ammonium nitrate from
Russia, wherein the MOT agreed to restrict exports of ammonium nitrate
from all Russian producers/exporters to the United States and to ensure
that such exports were sold at or above the agreed reference price.
Thereafter, pursuant to a request by the petitioner, the Committee for
Fair Ammonium Nitrate Trade (``COFANT''), the Department completed its
investigation and published its final determination of sales at less
than fair value. See Notice of Final Determination of Sales at Less
Than Fair Value; Solid Fertilizer Grade Ammonium Nitrate From the
Russian Federation, 65 FR 42669 (July 11, 2000) (``Final
Determination''). In its Final Determination, the Department calculated
weighted-average dumping margins of 253.98 percent for Nevinnomyssky
Azot, a respondent company in the investigation, and as the Russia-wide
rate. The ITC published its final affirmative injury determination on
August 21, 2000 (See Certain Ammonium Nitrate from Russia,
Investigation No. 731-TA-856 (Final), 65 FR 50179 (August 21, 2000)
(``ITC Final Injury Determination'')).
On March 31 and April 1, 2005, respectively, the ITC instituted,
and the Department initiated, a five-year sunset review of the
suspended AD investigation on ammonium nitrate from Russia. The
Department concluded that termination of the suspended AD investigation
would likely lead to continuation or recurrence of dumping and the ITC
concluded that termination of the suspended investigation would be
likely to lead to continuation or recurrence of material injury to an
industry in the United States within a reasonably foreseeable time. See
Final Results of Five-Year Sunset Review of Suspended Antidumping Duty
Investigation on Ammonium Nitrate from the Russian Federation, 71 FR
11177 (March 6, 2006) and Ammonium Nitrate from Russia, Investigation
No. 731-TA-856 (Review), 71 FR 16177 (March 30, 2006), respectively. On
March 1, 2011, the Department initiated and the ITC instituted a
(second) five-year sunset review of the ammonium nitrate suspended
investigation. See Notice of Initiation of Five-Year (``Sunset'')
Reviews, 76 FR 11202 (March 1, 2011) and Ammonium Nitrate from Russia,
Investigation No. 731-TA-856 (Second Review), 76 FR 11273 (March 1,
2011).
On March 3, 2011, the Department received a letter from MED dated
February 22, 2011, that had been sent to the United States Embassy in
Moscow for transmittal to the Department concerning the Agreement. In
that letter, the MED stated that it was withdrawing from the Agreement,
effective 60 days after notice of termination.
Scope of the Order
The products covered by the order include solid, fertilizer grade
ammonium nitrate products, whether prilled, granular or in other solid
form, with or without additives or coating,
[[Page 23570]]
and with a bulk density equal to or greater than 53 pounds per cubic
foot. Specifically excluded from this scope is solid ammonium nitrate
with a bulk density less than 53 pounds per cubic foot (commonly
referred to as industrial or explosive grade ammonium nitrate). The
merchandise subject to this order is classified in the Harmonized
Tariff Schedule of the United States (``HTSUS'') at subheading
3102.30.00.00. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
merchandise within the scope is dispositive.
Termination of Suspended Investigation and Issuance of AD Order
Article X.C of the Agreement states:
MOT or DOC may terminate this Agreement at any time upon written
notice to the other party. Termination shall be effective 60 days
after such notice is given. Upon termination of this Agreement, the
provisions of U.S. antidumping law and regulations shall apply.
As noted above, the underlying investigation in this proceeding was
continued pursuant to section 734(g) of the Act, following the
acceptance of the Agreement. The Department made a final affirmative AD
determination, and the ITC found material injury. See Final
Determination and ITC Final Injury Determination. Therefore, in
accordance with section 735(c) of the Act, the Department will issue an
antidumping duty order and instruct U.S. Customs and Border Protection
(``CBP'') to suspend liquidation of entries of subject merchandise,
effective May 2, 2011, which is 60 days from the date the Department
received the letter from MED stating its withdrawal from the Agreement.
Antidumping Duty Order
In accordance with section 736(a)(1) of the Act, the Department
will direct CBP to assess, beginning on May 2, 2011, an antidumping
duty equal to the weighted-average AD margins listed below.
We will instruct CBP to require a cash deposit for each entry equal
to the AD weighted-average margin rates found in the Department's July
11, 2000, Final Determination, as listed below. These suspension-of-
liquidation instructions will remain in effect until further notice.
The ``Russia-wide'' rate applies to all producers and exporters of
subject merchandise not specifically listed. The final AD ad valorem
rates are as follows:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter margin
(percent)
------------------------------------------------------------------------
JSC Nevinnomyssky Azot.................................. 253.98
Russia-wide............................................. 253.98
------------------------------------------------------------------------
This notice constitutes the AD order with respect to ammonium
nitrate from Russia, pursuant to section 736(a) of the Act. Interested
parties may contact the Department's Central Records Unit, room 7046 of
the main Commerce building, for copies of an updated list of AD orders
currently in effect. This order is issued and published in accordance
with section 736(a) of the Act and 19 CFR 351.211(b).
Dated: April 21, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-10176 Filed 4-26-11; 8:45 am]
BILLING CODE 3510-DS-P