Notice2021-26313
Urea Ammonium Nitrate Solutions From the Russian Federation: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With the Final Antidumping Duty Determination
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
December 3, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of urea ammonium nitrate solutions (UAN) from the Russian Federation (Russia) for the period of investigation (POI) January 1, 2020, through December 31, 2020. Interested parties are invited to comment on this preliminary determination.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 230 (Friday, December 3, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 230 (Friday, December 3, 2021)]
[Notices]
[Pages 68635-68637]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26313]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-821-832]
Urea Ammonium Nitrate Solutions From the Russian Federation:
Preliminary Affirmative Countervailing Duty Determination and Alignment
of Final Determination With the Final Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of urea ammonium nitrate solutions (UAN) from the Russian
Federation (Russia) for the period of investigation (POI) January 1,
2020, through December 31, 2020. Interested parties are invited to
comment on this preliminary determination.
DATES: Applicable December 3, 2021.
FOR FURTHER INFORMATION CONTACT: Kristen Johnson (Acron) and John
Hoffner and Laura Griffith (the EuroChem Companies \1\), AD/CVD
Operations, Office III, 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) 482-6430, respectively.
---------------------------------------------------------------------------
\1\ For purposes of this investigation, the EuroChem Companies
are Mineral and Chemical Company EuroChem, Joint Stock Company (MCC
EuroChem), Joint Stock Company Nevinnomyssky Azot (Nevinka), and
Azot, Joint Stock Company (NAK Azot).
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on July 26,
2021.\2\ On August 24, 2021, Commerce postponed the preliminary
determination of this investigation to November 29, 2021.\3\ For a
complete description of events that followed the initiation of this
investigation, see the Preliminary Decision Memorandum.\4\ A list of
topics discussed in the Preliminary Decision Memorandum is included as
Appendix II to this notice. The Preliminary Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
---------------------------------------------------------------------------
\2\ See Urea Ammonium Nitrate Solutions from the Russian
Federation and the Republic of Trinidad and Tobago: Initiation of
Countervailing Duty Investigations, 86 FR 40004 (July 26, 2021)
(Initiation Notice).
\3\ See Urea Ammonium Nitrate Solutions from the Russian
Federation and the Republic of Trinidad and Tobago: Postponement of
Preliminary Determinations in the Countervailing Duty
Investigations, 86 FR 47296 (August 24, 2021).
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Countervailing Duty Investigation
of Urea Ammonium Nitrate Solutions from the Russian Federation,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is UAN from Russia. For a
complete description of the scope of the investigation, see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\5\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage, (i.e., scope).\6\ No interested
party commented on the scope of the investigation as it appeared in the
Initiation Notice.
---------------------------------------------------------------------------
\5\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\6\ See Initiation Notice, 86 FR at 40005.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section
[[Page 68636]]
701 the Act. For each of the subsidy programs found countervailable,
Commerce preliminarily determines that there is a subsidy, i.e., a
financial contribution by an ``authority'' that gives rise to a benefit
to the recipient, and that the subsidy is specific.\7\ For a full
description of the methodology underlying our preliminary conclusions,
see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\7\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Commerce notes that, in making these findings, it relied, in part,
on facts available and, because it finds that the Government of Russia
did not act to the best of its ability to respond to Commerce's
requests for information, it drew an adverse inference where
appropriate in selecting from among the facts otherwise available.\8\
For further information, see ``Use of Facts Otherwise Available and
Adverse Inferences,'' in the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\8\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Alignment
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is
aligning the final determination in this countervailing duty (CVD)
investigation with the final determination in the companion antidumping
duty (AD) investigation of UAN from Russia based on a request made by
the petitioner.\9\ Consequently, the final CVD determination will be
issued on the same date as the final AD determination, which is
currently scheduled to be issued no later than April 11, 2022, unless
postponed.
---------------------------------------------------------------------------
\9\ See Petitioner's Letter, ``Urea Ammonium Nitrate Solutions
from the Russian Federation: Petitioner's Request to Align Final
Countervailing Duty Determination with the Companion Antidumping
Duty Final Determination,'' dated November 22, 2021. The petitioner
is CF Industries Nitrogen, LLC and its subsidiaries, Terra Nitrogen,
Limited Partnership and Terra International (Oklahoma) LLC.
---------------------------------------------------------------------------
All-Others Rate
Sections 703(d)(1)(A)(i) and 705(c)(5)(A) of the Act provide that
in the preliminary determination, Commerce shall determine an estimated
all-others rate for companies not individually examined. Pursuant to
section 705(c)(5)(A)(i) of the Act, this rate shall normally be an
amount equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
zero and de minimis rates and any rates based entirely under section
776 of the Act.
Commerce calculated individual estimated countervailable subsidy
rates for Public Joint Stock Company Acron and the EuroChem Companies
that are not zero, de minimis, or based entirely on facts otherwise
available. Commerce calculated the all-others rate using a weighted
average of the individual estimated subsidy rates calculated for the
examined respondents using each company's publicly-ranged values for
the merchandise under consideration.\10\
---------------------------------------------------------------------------
\10\ With two respondents under examination, Commerce normally
calculates (A) a weighted-average of the estimated subsidy rates
calculated for the examined respondents; (B) a simple average of the
estimated subsidy rates calculated for the examined respondents; and
(C) a weighted-average of the estimated subsidy rates calculated for
the examined respondents using each company's publicly-ranged U.S.
sale quantities for the merchandise under consideration. Commerce
then compares (B) and (C) to (A) and selects the rate closest to (A)
as the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010). As complete publicly ranged sales data was
available, Commerce based the all-others rate on the publicly ranged
sales data of the mandatory respondents. For a complete analysis of
the data, see Memorandum, ``Countervailing Duty Investigation of
Urea Ammonium Nitrate Solutions from the Russian Federation: All-
Other Rate for Preliminary Determination,'' dated concurrently with,
and hereby adopted by, this notice.
---------------------------------------------------------------------------
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
---------------------------------------------------------------------------
\11\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Joint Stock Company Nevinnomyssky Azot (Nevinka): Mineral and
Chemical Company EuroChem, Joint Stock Company (MCC EuroChem) and
Azot, Joint Stock Company (NAK Azot).
\12\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Public Joint Stock Company Acron: Joint Stock Company Acron Group
and Acron Switzerland AG.
------------------------------------------------------------------------
Subsidy rate
Company ad valorem
(percent)
------------------------------------------------------------------------
The EuroChem Companies \11\............................. 9.84
Public Joint Stock Company Acron \12\................... 9.66
All Others.............................................. 9.72
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after the date of the publication of
this notice in the Federal Register. Further, pursuant to 19 CFR
351.205(d), Commerce will instruct CBP to require a cash deposit equal
to the rates indicated above.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the date of this notice in accordance
with 19 CFR 351.244(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Normally, Commerce verifies information using standard procedures,
including an on-site examination of original accounting, financial, and
sales documentation. However, due to current travel restrictions in
response to the global COVID-19 pandemic, Commerce is unable to conduct
on-site verification in this investigation. Accordingly, we intend to
verify the information relied upon in making the final determination
through alternative means in lieu of an on-site verification.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Interested parties
will be notified of the timeline for the submission of case briefs and
written comments at a later date. Rebuttal briefs, limited to issues
raised in case briefs, may be submitted no later than seven days after
the deadline date for case briefs.\13\ Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\14\
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case
briefs or rebuttal briefs in this investigation are encouraged to
submit with each argument: (1) A statement of the issue;
[[Page 68637]]
(2) a brief summary of the argument; and (3) a table of authorities.
---------------------------------------------------------------------------
\13\ See 19 CFR 351.309; see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 (March
26, 2020) (Temporary Rule); and 19 CFR 351.303 (for general filing
requirements).
\14\ See Temporary Rule, 85 FR at 17006; see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its determination. If
Commerce's final determination is affirmative, the ITC will make its
final injury determination before the later of 120 days after the date
of this preliminary determination or 45 days after the final
determination.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act, and 19 CFR 351.205(c).
Dated: November 29, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation 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 investigation if performed in the subject
country.
The scope also includes UAN that is commingled with UAN from
sources not subject to this investigation. Only the subject
component of such commingled products is covered by the scope of
this investigation.
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.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Subsidies Valuation
V. Benchmarks and Interest Rates
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2021-26313 Filed 12-2-21; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on December 3, 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.