Notice2021-15889
Urea Ammonium Nitrate Solutions From the Russian Federation and the Republic of Trinidad and Tobago: Initiation of Less-Than-Fair-Value Investigations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 26, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 86 Issue 140 (Monday, July 26, 2021)</title>
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[Federal Register Volume 86, Number 140 (Monday, July 26, 2021)]
[Notices]
[Pages 40008-40013]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15889]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-831, A-274-808]
Urea Ammonium Nitrate Solutions From the Russian Federation and
the Republic of Trinidad and Tobago: Initiation of Less-Than-Fair-Value
Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable July 20, 2021.
FOR FURTHER INFORMATION CONTACT: Laura Griffith at (202) 482-6430 (the
Russian Federation (Russia)) or Lilit Astvatsatrian at (202) 482-6412
or Dakota Potts at (202) 482-0223 (the Republic of Trinidad and Tobago
(Trinidad and Tobago)); AD/CVD Operations, Offices III and IV,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On June 30, 2021, the Department of Commerce (Commerce) received
antidumping duty (AD) petitions (the Petitions) concerning imports of
Urea Ammonium Nitrate Solutions (UAN) from Russia and Trinidad and
Tobago, filed in proper form on behalf of CF Industries Nitrogen, LLC
and its subsidiaries, Terra Nitrogen, Limited Partnership and Terra
International (Oklahoma) LLC (collectively, the petitioner), domestic
producers of UAN.\1\ The Petitions were accompanied by countervailing
duty (CVD) petitions concerning imports of UAN from Russia and Trinidad
and Tobago.\2\
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\1\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties: Urea Ammonium Nitrate
Solutions from the Russian Federation and the Republic of Trinidad
and Tobago,'' dated June 30, 2021 (the Petitions).
\2\ Id.
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On July 2 and 6, 2021, Commerce requested supplemental information
pertaining to certain aspects of the Petitions.\3\ The petitioner filed
responses to these requests on July 7 and 8, 2021.\4\
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\3\ See Commerce's Letters, ``Petition for the Imposition of
Antidumping Duties on Imports of Urea Ammonium Nitrate Solutions
from Trinidad and Tobago: Supplemental Questions,'' dated July 2,
2021; ``Petitions for the Imposition of Antidumping and
Countervailing Duties on Imports of Urea Ammonium Nitrate Solutions
from Russia and Trinidad and Tobago: Supplemental Questions,'' dated
July 6, 2021 (General Issues Supplement Questions); and ``Petition
for the Imposition of Antidumping Duties on Imports of Urea Ammonium
Nitrate Solutions from the Russian Federation: Supplemental
Questions,'' dated July 6, 2021.
\4\ See Petitioner's Letters, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Urea Ammonium
Nitrate Solutions from Russia and Trinidad and Tobago: Petitioner's
Response to the Department's General Issues Questionnaire,'' dated
July 8, 2021 (General Issues Supplement); ``Petition for the
Imposition of Antidumping Duties on Imports of Urea Ammonium Nitrate
Solutions from Trinidad and Tobago: Petitioner's Response to the
Department's Supplemental Questions,'' dated July 7, 2021; and
``Petition for the Imposition of Antidumping Duties on Imports of
Urea Ammonium Nitrate Solutions from the Russian Federation:
Petitioner's Response to the Department's Supplemental Questions,''
dated July 8, 2021 (Russia AD Supplement).
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In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of UAN from
Russia and Trinidad and Tobago are being, or are likely to be, sold in
the United States at less than fair value (LTFV) within the meaning of
section 731 of the Act, and that imports of such products are
materially injuring, or threatening material injury to, the UAN
industry in the United States. Consistent with section 732(b)(1) of the
Act, the Petitions are accompanied by information reasonably available
to the petitioner supporting its allegations.
Commerce finds that the petitioner filed the Petitions on behalf of
the domestic industry, because the petitioner is an interested party,
as defined in section 771(9)(C) of the Act. Commerce also finds that
the petitioner demonstrated sufficient industry support for the
initiation of the requested AD investigations.\5\
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\5\ See infra, section on ``Determination of Industry Support
for the Petitions.''
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Periods of Investigation
Because the Petitions were filed on June 30, 2021, the period of
investigation (POI) for the Russia and Trinidad and Tobago AD
investigations is April 1, 2020, through March 31, 2021, pursuant to 19
CFR 351.204(b)(1). The petitioner argued that Commerce should determine
in this investigation that Russia is a nonmarket economy (NME) within
the meaning of section 771(18)(A) of the Act and should calculate
normal value (NV) for Russia in accordance with its NME methodology.\6\
Under that allegation,
[[Page 40009]]
the appropriate POI is October 1, 2020, through March 31, 2021.
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\6\ See Petitions at Volume II at II-6 through II-28 and
Exhibits II-22 through II-72.
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Scope of the Investigations
The product covered by these investigations is UAN from Russia and
Trinidad and Tobago. For a full description of the scope of these
investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
On July 6, 2021, Commerce requested further information and
clarification from the petitioner regarding the proposed scope to
ensure that the scope language in the Petitions is an accurate
reflection of the products for which the domestic industry is seeking
relief.\7\ On July 8, 2021, the petitioner revised the scope.\8\ The
description of merchandise covered by these investigations, as
described in the appendix to this notice, reflects these
clarifications.
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\7\ See General Issues Supplement Questions at 3.
\8\ See General Issues Supplement at I-1 and I-2.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period of time for interested parties to raise issues
regarding product coverage (i.e., scope).\9\ Commerce will consider all
comments received from interested parties and, if necessary, will
consult with interested parties prior to the issuance of the
preliminary determinations. If scope comments include factual
information,\10\ all such factual information should be limited to
public information. To facilitate preparation of its questionnaires,
Commerce requests that all interested parties submit such comments by
5:00 p.m. Eastern Time (ET) on August 9, 2021, which is 20 calendar
days from the signature date of this notice. Any rebuttal comments,
which may include factual information, must be filed by 5:00 p.m. ET on
August 19, 2021, which is 10 calendar days from the initial comment
deadline.
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\9\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
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Commerce requests that any factual information that parties
consider relevant to the scope of the investigations be submitted
during this period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party may contact Commerce and
request permission to submit the additional information. All such
submissions must be filed on the records of the concurrent AD and CVD
investigations.
Filing Requirements
All submissions to Commerce must be filed electronically using
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS).\11\ An electronically
filed document must be received successfully in its entirety by the
time and date it is due. Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information, until further notice.\12\
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\11\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on help using
ACCESS can be found at <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a
handbook can be found at <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>.
\12\ 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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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of UAN to be reported in
response to Commerce's AD questionnaires. This information will be used
to identify the key physical characteristics of the subject merchandise
in order to report the relevant costs of production accurately, as well
as to develop appropriate product-comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) General product
characteristics; and (2) product comparison criteria. We note that it
is not always appropriate to use all product characteristics as product
comparison criteria. We base product comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by manufacturers
to describe UAN, it may be that only a select few product
characteristics take into account commercially meaningful physical
characteristics. In addition, interested parties may comment on the
order in which the physical characteristics should be used in matching
products. Generally, Commerce attempts to list the most important
physical characteristics first and the least important characteristics
last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on August 9,
2021, which is 20 calendar days from the signature date of this notice.
Any rebuttal comments must be filed by 5:00 p.m. ET on August 19, 2021.
All comments and submissions to Commerce must be filed electronically
using ACCESS, as explained above, on the record of each of the AD
investigations.
Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
Poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\13\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different
[[Page 40010]]
definitions of the like product, such differences do not render the
decision of either agency contrary to law.\14\
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\13\ See section 771(10) of the Act.
\14\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigations.\15\ Based on our analysis of the information
submitted on the record, we have determined that UAN, as defined in the
scope, constitutes a single domestic like product, and we have analyzed
industry support in terms of that domestic like product.\16\
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\15\ See Petitions at Volume I at I-15 through I-19 and Exhibits
I-3, I-8, I-12, I-14, I-18, and I-25--I-27.
\16\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Checklists, ``Antidumping Duty Investigation Initiation
Checklists: Urea Ammonium Nitrate Solutions from the Russian
Federation and the Republic of Trinidad and Tobago,'' (Country-
Specific AD Initiation Checklists) at Attachment II, Analysis of
Industry Support for the Antidumping and Countervailing Duty
Petitions Covering Urea Ammonium Nitrate Solutions from the Russian
Federation and the Republic of Trinidad and Tobago (Attachment II).
These checklists are dated concurrently with this notice and on file
electronically via ACCESS.
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In determining whether the petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioner provided its
own 2020 production of the domestic like product.\17\ Additionally, the
petitioner provided letters of support from other producers of UAN,
stating their support for the Petitions and providing their own
production of the domestic like product in 2020.\18\ The petitioner
also provided the 2020 production of the entire U.S. industry using
published monthly 2020 U.S. UAN production data.\19\ The petitioner
added its 2020 UAN production to that of the domestic producers
expressing support for the petitions, and compared the total to the
2020 U.S. UAN production data.\20\ We relied on the data provided by
the petitioner for purposes of measuring industry support.\21\
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\17\ See Petitions at Volume I at I-4 through I-5 and Exhibit I-
6.
\18\ See Petitions at Volume I at I-4 and Exhibits I-5 and I-6.
\19\ See Petitions at Volume I at I-4 and Exhibit I-6; see also
General Issues Supplement at I-3 through I-4 and Exhibits I-49, I-
51, I-52.
\20\ See Petitions at Volume I at I-4 through I-5 and Exhibits
I-6 and I-7; see also General Issues Supplement at I-3 through I-4
and Exhibits I-51, and I-52.
\21\ See Petitions at Volume I at I-4 through I-5 and Exhibits
I-1, I-2, and I-5 through I-7; see also General Issues Supplement at
I-3 through I-4 and Exhibits I-49 through I-52.
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Our review of the data provided in the Petitions, the General
Issues Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petitions.\22\ First, the Petitions established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as such, Commerce is not
required to take further action in order to evaluate industry support
(e.g., polling).\23\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
732(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petitions account for at least 25 percent of the total
production of the domestic like product.\24\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petitions account for more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petitions.\25\ Accordingly, Commerce determines that the Petitions
were filed on behalf of the domestic industry within the meaning of
section 732(b)(1) of the Act.\26\
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\22\ Id. For further discussion, see Attachment II of the
Country-Specific AD Initiation Checklists.
\23\ Id.; see also section 732(c)(4)(D) of the Act.
\24\ See Attachment II of the Country-Specific AD Initiation
Checklists.
\25\ Id.
\26\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioner alleges that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\27\
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\27\ See Petitions at Volume I at I-24 through I-25 and Exhibit
I-32.
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The petitioner contends that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
impacts on market share; underselling and price suppression; lost sales
and revenues; flatlined production, capacity utilization, and
employment variables; and declining financial performance.\28\ We
assessed the allegations and supporting evidence regarding material
injury, threat of material injury, causation, as well as negligibility,
and we have determined that these allegations are properly supported by
adequate evidence, and meet the statutory requirements for
initiation.\29\ In accordance with section 771(7)(G)(ii)(III) of the
Act, which provides an exception to the mandatory cumulation provision
for imports from any country designated as a beneficiary country under
the Caribbean Basin Economic Recovery Act (CBERA), we considered the
petitioner's allegation of injury with respect to Trinidad and Tobago,
a designated beneficiary under CBERA, independently of the allegation
for Russia and found that the information provided satisfies the
requirements for initiation.\30\
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\28\ See Petitions at Volume I at I-20 through I-40 and Exhibits
I-2, I-3, I-10, I-12, I-24, I-26, and I-28 through I-48.
\29\ See Country-Specific AD Initiation Checklists at Attachment
III, Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Urea Ammonium Nitrate Solutions from the Russian Federation
and the Republic of Trinidad and Tobago (Attachment III).
\30\ Id.
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate AD investigations of
imports of UAN from Russia and Trinidad and Tobago. The sources of data
for the deductions and adjustments relating to U.S. price and NV are
discussed in greater detail in the Country-Specific AD Initiation
Checklists.
U.S. Price
For Russia and Trinidad and Tobago, the petitioner based export
price (EP) on transaction-specific average unit values (AUVs) derived
from official import statistics for imports under HTSUS subheading
3102.80.0000 obtained from the ITC's Dataweb and tied to ship
[[Page 40011]]
manifest data.\31\ The petitioner made certain adjustments to U.S.
price to calculate a net ex-factory U.S. price.\32\
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\31\ See Country-Specific AD Initiation Checklists.
\32\ Id.
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Normal Value \33\
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\33\ In accordance with section 773(b)(2) of the Act, for the
Russia and Trinidad and Tobago investigations, Commerce will request
information necessary to calculate the constructed value (CV) and
cost of production (COP) to determine whether there are reasonable
grounds to believe or suspect that sales of the foreign like product
have been made at prices that represent less than the COP of the
product.
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For Trinidad and Tobago, the petitioner stated that home market
prices were not available and, as such, based NV on third country
prices using Canadian import AUVs for the POI.\34\
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\34\ See Trinidad and Tobago AD Initiation Checklist.
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For Russia, the petition included NV using both the NME and market
economy (ME) methodologies.\35\ The petitioner based the ME NV on
Russian UAN prices derived from an information subscription service
that tracks energy and commodity prices.\36\ The petition based the NME
NV on factors of production (FOPs) valued in a surrogate market economy
country in accordance with section 773(c) of the Act.\37\ The
petitioner claims that Poland is an appropriate surrogate country for
Russia because Poland is a market economy country that is at a level of
economic development comparable to that of Russia and is a significant
producer of identical merchandise.\38\ The petitioner provided publicly
available information from Poland to value all FOPs.\39\ Based on the
petitioner's allegation and information provided in the petition,
Poland was used for initiation purposes.
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\35\ See Russia AD Initiation Checklist.
\36\ Id.
\37\ Id.
\38\ See Petitions at Volume II at II-29 and Exhibits II-73
through II-75.
\39\ See Petitions at Volume II at II-30 through II-31 and
Exhibits II-77 through II-81; see also Russia AD Supplement at II-3
through II-4 and Exhibits II-88, II-90, and II-91.
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Interested parties will have the opportunity to submit comments
regarding surrogate country selections and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determination.
Factors of Production
Because information regarding the volume of inputs consumed by
Russian producers/exporters was not reasonably available, the
petitioner used its own product-specific consumption rates as a
surrogate to value Russian manufacturers' FOPs.\40\ Additionally, the
petitioner calculated factory overhead; selling, general and
administrative expenses; and profit based on the experience of a Polish
producer of comparable merchandise.\41\
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\40\ See Petitions at Volume II at II-29 and II-30 and Exhibit
II-76; see also Russia AD Supplement at II-2 and II-3 and Exhibit
II-86.
\41\ See Petitions at Volume II at II-29 and II-30 and Exhibits
II-77 through II-81; see also Russia AD Supplement at II-3 and II-4
and Exhibits II-88 and II-91.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of UAN from Russia and Trinidad and Tobago are
being, or are likely to be, sold in the United States at LTFV. Based on
comparisons of EP to NV in accordance with sections 772 and 773 of the
Act, the estimated dumping margin for UAN from Trinidad and Tobago is
158.81 percent.\42\ Under the ME methodology, the estimated dumping
margins for UAN from Russia are 169.96 percent and 391.65 percent for
purposes of initiation. In light of the petitioner's allegation in the
petition that Russia is an NME, under its NME methodology, the
estimated dumping margins for UAN from Russia are 245.98 percent and
433.37 percent for purposes of initiation.\43\
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\42\ See Country-Specific AD Initiation Checklist for details of
these margin calculations.
\43\ See Country-Specific AD Initiation Checklist for details of
these margin calculations.
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Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating AD investigations to determine
whether imports of UAN from Russia and Trinidad and Tobago are being,
or are likely to be, sold in the United States at LTFV. In accordance
with section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless
postponed, we will make our preliminary determinations no later than
140 days after the date of this initiation.
Respondent Selection
Russia
In the Petitions, the petitioner identified four companies as
producers/exporters of UAN in Russia (i.e., EuroChem, Acron Group
(Acron), PJSC Kuibyshev Azot, and SBU Azot). We intend to issue
quantity and value (Q&V) questionnaires to each potential respondent in
Russia identified in the Petitions. In the event Commerce determines
that the number of companies is large and it cannot individually
examine each company based upon Commerce's resources, where
appropriate, Commerce intends to select mandatory respondents based on
responses to the Q&V questionnaires.
Producers/exporters of UAN from Russia that do not receive Q&V
questionnaires by mail may still submit a response to the Q&V
questionnaire and can obtain a copy of the Q&V questionnaire from
Enforcement and Compliance (E&C)'s website at <a href="https://enforcement.trade.gov/questionnaires/questionnaires-ad.html">https://enforcement.trade.gov/questionnaires/questionnaires-ad.html</a>. The Q&V
response must be submitted by the relevant exporters/producers in
Russia no later than 5:00 p.m. ET on August 3, 2021, which is two weeks
from the signature date of this notice. All Q&V responses must be filed
electronically via ACCESS.
Trinidad and Tobago
In the Petitions, the petitioner identified one company in Trinidad
and Tobago as producer/exporter of UAN (i.e., Methanol Holdings
(Trinidad) Limited) and provided independent, third party information
for support.\44\ We currently know of no additional producers or
exporters of UAN from Trinidad and Tobago. Accordingly, Commerce
intends to individually examine all known producers and exporters in
the investigation of UAN from Trinidad and Tobago ((i.e., Methanol
Holdings (Trinidad) Limited).
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\44\ See Petitions at Volume I at I-14 and Exhibit I-4; see also
Petitions at Volume IV at Exhibit IV-7.
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Parties wishing to comment on respondent selection for Trinidad and
Tobago must do so within three business days of the publication of this
notice in the Federal Register. Commerce will not accept rebuttal
comments regarding respondent selection for Trinidad and Tobago.
Comments on respondent selection must be filed electronically using
ACCESS. An electronically-filed document must be received successfully
in its entirety via ACCESS by 5:00 p.m. ET on the specified deadline.
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at <a href="http://enforcement.trade.gov/apo">http://enforcement.trade.gov/apo</a>.
Separate Rates
Upon applying an NME methodology, Commerce will consider assigning
separate rates to exporters and producers. In order to obtain separate-
[[Page 40012]]
rate status in an NME investigation, exporters and producers must
submit a separate-rate application.\45\ The specific requirements for
submitting a separate-rate application in an NME investigation are
outlined in detail in the application itself, which will be available
on E&C's website at <a href="http://enforcement.trade.gov/nme/nme-sep-rate.html">http://enforcement.trade.gov/nme/nme-sep-rate.html</a>.
The separate-rate application will be due 30 days after publication of
this initiation notice.\46\ Exporters and/or producers who submit a
separate-rate application and have been selected as mandatory
respondents will be eligible for consideration for separate-rate status
only if they respond to all parts of Commerce's AD questionnaire as
mandatory respondents. Commerce requires that respondents from Russia
submit a response to both the Q&V questionnaire and the separate-rate
application by the respective deadlines in order to receive
consideration for separate-rate status. Companies not filing a timely
Q&V questionnaire response will not receive separate rate
consideration.
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\45\ See Policy Bulletin 05.1: ``Separate-Rates Practice and
Application of Combination Rates in Antidumping Investigation
involving NME Countries,'' (April 5, 2005), available at <a href="http://enforcement.trade.gov/policy/bull05-1.pdf">http://enforcement.trade.gov/policy/bull05-1.pdf</a> (Policy Bulletin 05.1).
\46\ Although in past investigations this deadline was 60 days,
consistent with 19 CFR 351.301(a), which states that ``the Secretary
may request any person to submit factual information at any time
during a proceeding,'' this deadline is now 30 days.
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Use of Combination Rates
Upon applying an NME methodology, Commerce will calculate
combination rates for certain respondents that are eligible for a
separate rate in an NME investigation. The Separate Rates and
Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that {Commerce{time} will now
assign in its NME Investigation will be specific to those producers
that supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period
of investigation. This practice applies both to mandatory
respondents receiving an individually calculated separate rate as
well as the pool of non-investigated firms receiving the weighted-
average of the individually calculated rates. This practice is
referred to as the application of ``combination rates'' because such
rates apply to specific combinations of exporters and one or more
producers. The cash-deposit rate assigned to an exporter will apply
only to merchandise both exported by the firm in question and
produced by a firm that supplied the exporter during the period of
investigation.\47\
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\47\ See Policy Bulletin 05.1 at 6 (emphasis added).
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Distribution of Copies of the Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the Petitions have been
provided to the governments of Russia and Trinidad and Tobago via
ACCESS. To the extent practicable, we will attempt to provide a copy of
the public version of the Petitions to each exporter named in the
Petitions, as provided under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that subject imports are materially injuring or threatening
material injury to a U.S. industry.\48\ A negative ITC determination
for any country will result in the investigation being terminated with
respect to that country.\49\ Otherwise, these AD investigations will
proceed according to statutory and regulatory time limits.
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\48\ See section 733(a) of the Act.
\49\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \50\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\51\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in these investigations.
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\50\ See 19 CFR 351.301(b).
\51\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV, stating that ``if a
particular market situation exists such that the cost of materials and
fabrication or other processing of any kind does not accurately reflect
the cost of production in the ordinary course of trade, the
administering authority may use another calculation methodology under
this subtitle or any other calculation methodology.'' When an
interested party submits a PMS allegation pursuant to section 773(e) of
the Act, Commerce will respond to such a submission consistent with 19
CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section
773(e) of the Act, then it will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set
a deadline for the submission of PMS allegations and supporting factual
information. However, in order to administer section 773(e) of the Act,
Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of a respondent's initial
section D questionnaire response.
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301. For submissions that are due
from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, Commerce may elect to specify a different
time limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, Commerce will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, stand-alone submission; Commerce will grant untimely filed
requests for the
[[Page 40013]]
extension of time limits only in limited cases where we determine,
based on 19 CFR 351.302, that extraordinary circumstances exist.
Parties should review Extension of Time Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at <a href="http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>, prior to submitting factual information
in these investigations.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\52\
Parties must use the certification formats provided in 19 CFR
351.303(g).\53\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\52\ See section 782(b) of the Act.
\53\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are available at
<a href="http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf">http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf</a>.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing the required letter of
appearance).
This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: July 20, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix--Scope of the Investigations
The merchandise covered by these investigations is all mixtures
of urea and ammonium nitrate in aqueous or ammonia solution,
regardless of nitrogen concentration by weight, and regardless of
the presence of additives, such as corrosion inhibiters and soluble
micro or macronutrients (UAN).
Subject merchandise includes merchandise matching the above
description that has been processed in a third country, including by
commingling, diluting, adding or removing additives, or performing
any other processing that would not otherwise remove the merchandise
from the scope of the investigations if performed in the subject
country.
The scope also includes UAN that is commingled with UAN from
sources not subject to these investigations. Only the subject
component of such commingled products is covered by the scope of
these investigations.
The covered merchandise is currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS) at
subheading 3102.80.0000. Although the HTSUS subheading is provided
for convenience and customs purposes, the written description of the
scope is dispositive.
[FR Doc. 2021-15889 Filed 7-23-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 26, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.