Notice2021-15890
Urea Ammonium Nitrate Solutions From the Russian Federation and the Republic of Trinidad and Tobago: Initiation of Countervailing Duty 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 40004-40008]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15890]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-821-832, C-274-809]
Urea Ammonium Nitrate Solutions From the Russian Federation and
the Republic of Trinidad and Tobago: Initiation of Countervailing Duty
Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable July 20, 2021.
FOR FURTHER INFORMATION CONTACT: Kristen Johnson and John Hoffner
(Russia) or Ariela Garvett (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; telephone: (202) 482-4793, (202) 482-3315,
and (202) 482-3609, respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On June 30, 2021, the U.S. Department of Commerce (Commerce)
received countervailing duty (CVD) petitions concerning imports of urea
ammonium nitrate solutions (UAN) from the Russian Federation (Russia)
and the Republic of Trinidad and Tobago (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), a domestic
producer of UAN.\1\
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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).
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On July 6 and 13, 2021, Commerce requested supplemental information
pertaining to certain aspects of the Petitions.\2\ The petitioner filed
responses to these requests on July 8 and 14, 2021.\3\
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\2\ See Commerce's Letters, ``Petition for the Imposition of
Countervailing Duties on Imports of Urea Ammonium Nitrate Solutions
from Russia: Supplemental Questions,'' dated July 6, 2021 (General
Issues Questionnaire Russia); ``Petition for the Imposition of
Countervailing Duties on Imports of Urea Ammonium Nitrate Solutions
from Russia: Supplemental Questions,'' dated July 6, 2021;
``Petition for the Imposition of Countervailing Duties on Imports of
Urea Ammonium Nitrate Solutions from Trinidad and Tobago:
Supplemental Questions,'' dated July 6, 2021 (General Issues
Questionnaire Trinidad and Tobago); and ``Petition for the
Imposition of Countervailing Duties on Imports of Urea Ammonium
Nitrate Solutions from Russia: Supplemental Questionnaire on the
Provision of Phosphate Mining Rights for Less Than Adequate
Remuneration,'' dated July 13, 2021.
\3\ 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 Countervailing Duties on Imports of Urea Ammonium
Nitrate Solutions from Russia: Response to the Department's
Supplemental Questions,'' dated July 8, 2021; ``Petition for the
Imposition of Countervailing Duties on Imports of Urea Ammonium
Nitrate Solutions from the Republic of Trinidad and Tobago:
Petitioner's Response to the Department's Supplemental Questions,''
dated July 8, 2021; and ``Petition for the Imposition of
Countervailing Duties on Imports of Urea Ammonium Nitrate Solutions
from Russia: Petitioner's Response to the Department's Second
Supplemental Questionnaire'' dated July 14, 2021.
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In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Government of Russia
(GOR) and the Government of Trinidad and Tobago (GOTT) are providing
countervailable subsidies, within the meaning of sections 701 and
771(5) of the Act, to producers of UAN in Russia and Trinidad and
Tobago, and that such imports are materially injuring, or threatening
material injury to, the domestic industry producing UAN in the United
States. Consistent with section 702(b)(1) of the Act and 19 CFR
351.202(b), for those alleged programs on which we are initiating CVD
investigations, the Petitions were 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
[[Page 40005]]
support with respect to the initiation of the requested CVD
investigations.\4\
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\4\ See ``Determination of Industry Support for the Petitions''
section, infra.
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Periods of Investigation
Because the Petitions were filed on June 30, 2021, the periods of
investigation (POI) are January 1, 2020, through December 31, 2020.\5\
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\5\ See 19 CFR 351.204(b)(2).
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Scope of the Investigations
The merchandise covered by these investigations are 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 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.\6\ On July 8, 2021, the petitioner revised the scope.\7\ The
description of merchandise covered by these investigations, as
described in the appendix to this notice, reflects these
clarifications.
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\6\ See General Issues Questionnaire Russia at 3; see also
General Issues Questionnaire Trinidad and Tobago at 3.
\7\ 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 for interested parties to raise issues regarding
product coverage (i.e., scope).\8\ 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,\9\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit scope 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
ten calendar days from the initial comment deadline.\10\
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\8\ See Countervailing Duties, 62 FR 27323 (May 19, 1997)
(Preamble).
\9\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\10\ See 19 CFR 351.303(b).
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Commerce requests that any factual information the parties consider
relevant to the scope of the investigations be submitted during this
time 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 comments must be filed on
the record of the concurrent antidumping (AD) 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), unless an exception
applies.\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 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%20on%20Electronic%20Filling%20Procedures.pdf">https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.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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Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the GOR and the GOTT of the receipt of the Petitions and
provided it the opportunity for consultations with respect to the
Petitions.\13\ Commerce held consultations with the GOR and the GOTT on
July 12, 2021, and July 14, 2021, respectively.\14\
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\13\ See Commerce's Letter, ``Countervailing Duty Petition on
Urea Ammonium Nitrate Solutions (UAN) from the Russian Federation:
Invitation for Consultations,'' dated June 30, 2021; and Commerce's
Letter, ``Countervailing Duty Petition on Urea Ammonium Nitrate
Solutions (UAN) from the Republic of Trinidad and Tobago: Invitation
for Consultations,'' dated June 30, 2021.
\14\ See Memoranda, ``Countervailing Duty Petition on Urea
Ammonium Nitrate Solutions from the Russian Federation:
Consultations with Officials from the Government of Russia,'' dated
July 13, 2021; and ``Countervailing Duty Petition on Urea Ammonium
Nitrate Solutions from the Republic of Trinidad and Tobago:
Consultations with Officials from the Government of Trinidad and
Tobago,'' dated July 14, 2021.
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Determination of Industry Support for the Petitions
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(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 702(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,\15\ 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 definitions of the like product, such differences
do not render the decision of either agency contrary to law.\16\
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\15\ See section 771(10) of the Act.
\16\ 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
[[Page 40006]]
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.\17\ 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.\18\
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\17\ See Volume I of the Petitions at I-15 through I-19 and
Exhibits I-3, I-8, I-12, I-14, I-18, and I-25 through I-27.
\18\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Checklists, ``Countervailing Duty Investigation Initiation
Checklists: Urea Ammonium Nitrate Solutions from the Russian
Federation and the Republic of Trinidad and Tobago (Country-Specific
CVD 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
702(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.\19\ Additionally, the
petitioner provided letters of support from other producers of UAN,
stating their support for the Petitions and providing their own
production, or estimated production, of the domestic like product in
2020.\20\ The petitioner also provided the 2020 production of the
entire U.S. industry using published monthly 2020 U.S. UAN production
data.\21\ 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.\22\ We relied on the
data provided by the petitioner for purposes of measuring industry
support.\23\
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\19\ See Volume I of the Petitions at I-4 through I-5 and
Exhibit I-6.
\20\ See Volume I of the Petitions at I-4 and Exhibits I-5 and
I-6.
\21\ See Volume I of the Petitions at I-4 and Exhibit I-6; see
also General Issues Supplement at I-3 through I-4 and Exhibits I-49,
I-51, and I-52.
\22\ See Volume I of the Petitions 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.
\23\ See Volume I of the Petitions 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.\24\ 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).\25\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
702(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.\26\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 702(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.\27\ Accordingly, Commerce determines that the Petitions
were filed on behalf of the domestic industry within the meaning of
section 702(b)(1) of the Act.\28\
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\24\ Id. For further discussion, see Attachment II of the
Country-Specific CVD Initiation Checklists.
\25\ Id.; see also section 702(c)(4)(D) of the Act.
\26\ See Attachment II of the Country-Specific CVD Initiation
Checklists.
\27\ Id.
\28\ Id.
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Injury Test
Because Russia and Trinidad and Tobago are ``Subsidies Agreement
Countries'' within the meaning of section 701(b) of the Act, section
701(a)(2) of the Act applies to this investigation. Accordingly, the
ITC must determine whether imports of the subject merchandise from
Russia and Trinidad and Tobago materially injure, or threaten material
injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioner
alleges that subject imports exceed the negligibility threshold
provided for under section 771(24)(A) of the Act.\29\
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\29\ See Volume I of the Petitions 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.\30\ 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.\31\ 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.\32\
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\30\ See Volume I of the Petitions 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.
\31\ See Country-Specific CVD 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).
\32\ Id.
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Initiation of CVD Investigations
Based upon the examination of the Petitions on UAN from Russia and
Trinidad and Tobago, we find that the Petitions meet the requirements
of section 702 of the Act. Therefore, we are initiating CVD
investigations to determine whether imports of UAN from Russia and
Trinidad and Tobago benefit from countervailable subsidies conferred by
the GOR and the GOTT, respectively. In accordance with section
703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we
will make our preliminary determinations no later than 65 days after
the date of this initiation.
Russia
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on all the
alleged
[[Page 40007]]
programs. For a full discussion of the basis for our decision to
initiate on each program, see the Russia Initiation Checklist. A public
version of the initiation checklist for this investigation is available
on ACCESS.
Trinidad and Tobago
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on all the
alleged programs. For a full discussion of the basis for our decision
to initiate on each program, see the Trinidad and Tobago Initiation
Checklist. A public version of the initiation checklist for this
investigation is available on ACCESS.
Respondent Selection
The petitioner named four companies in Russia and one company in
Trinidad and Tobago as producers/exporters of UAN.\33\ Commerce intends
to follow its standard practice in CVD investigations and calculate
company-specific subsidy rates in these investigations.
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\33\ See Volume III of the Petitions at III-2; see also Volume V
of the Petitions at V-2.
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With respect to Russia, in the event Commerce determines that the
number of companies is large and it cannot individually examine each
company based upon Commerce's resources, Commerce intends to select
respondents based on U.S. Customs and Border Protection (CBP) data for
U.S. imports of UAN from Russia during the POI under the appropriate
Harmonized Tariff Schedule of the United States numbers listed in the
``Scope of the Investigation,'' in the appendix.
On July 9, 2021, Commerce released CBP data for U.S. imports of UAN
from Russia under Administrative Protective Order (APO) to all parties
with access to information protected by APO and indicated that
interested parties wishing to comment regarding the CBP data and
respondent selection must do so within three business days of the
publication date of the notice of initiation.\34\ Commerce will not
accept rebuttal comments regarding the CBP data or respondent
selection. 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="https://enforcement.trade.gov/apo">https://enforcement.trade.gov/apo</a>.
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\34\ See Memorandum, ``Countervailing Duty Petition on UAN from
Russia: Release of Customs Data from U.S. Customs and Border
Protection,'' dated July 9, 2021.
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With respect to Trinidad and Tobago, although Commerce normally
relies on import data from CBP to determine whether to select a limited
number of producers/exporters for individual examination in CVD
investigations, the petitioner identified only one company as a
producer/exporter of UAN in Trinidad and Tobago, Methanol Holdings
(Trinidad) Limited (MHTL), and provided information from independent
sources as support.\35\ Furthermore, we currently know of no additional
producers/exporters of UAN from Trinidad and Tobago. Accordingly,
Commerce intends to examine the only known producer/exporter in the
Trinidad and Tobago investigation (i.e., MHTL). Interested parties
wishing to comment on respondent selection for the Trinidad and Tobago
investigation must do so within three business days of the publication
date of this notice of initiation.
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\35\ See Volume V of the Petitions at V-1.
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Comments must be filed electronically using ACCESS. An
electronically filed document must be received successfully, in its
entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above,
unless an exception applies. Commerce intends to finalize its decision
regarding respondent selection within 20 days of the publication of
this notice.
Distribution of Copies of the Petitions
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petitions has been
provided to the GOR and GOTT via ACCESS.
Furthermore, to the extent practicable, Commerce 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 702(d) of the Act.
Preliminary Determination 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 imports of UAN from Russia and Trinidad and Tobago are
materially injuring or threatening material injury to a U.S.
industry.\36\ A negative ITC determination for any country will result
in the investigation being terminated with respect to that country.\37\
Otherwise, the investigations will proceed according to statutory and
regulatory time limits.
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\36\ See section 703(a) of the Act.
\37\ 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). Any party, when submitting factual
information, must specify under which subsection of 19 CFR
351.102(b)(21) the information is being submitted \38\ 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.\39\ 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. Parties wishing to submit factual
information in these investigations are asked to review the regulations
prior to submitting factual information in these investigations.
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\38\ See 19 CFR 351.301(b).
\39\ See 19 CFR 351.301(b)(2).
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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, standalone submission; under limited circumstances Commerce
will grant untimely-filed requests for the extension of time limits.
Parties should review Extension of Time Limits; Final Rule, 78 FR 57790
(September 20, 2013),
[[Page 40008]]
available at <a href="https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>, prior to submitting extension requests or 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.\40\
Parties must use the certification formats provided in 19 CFR
351.303(g).\41\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\40\ See section 782(b) of the Act.
\41\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
<a href="https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf">https://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. Instructions for filing such
applications may be found on the Commerce website at <a href="https://enforcement.trade.gov/apo">https://enforcement.trade.gov/apo</a>. Parties wishing to participate in these
investigations should ensure that they meet the requirements of 19 CFR
351.103(d) (e.g., by filing a letter of appearance).
This notice is issued and published pursuant to sections 702 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. 2021-15890 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.