Notice2022-04887
Urea Ammonium Nitrate Solutions From the Republic of Trinidad and Tobago: Amended Preliminary Determination of Sales at Less Than Fair Value
Primary source
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Published
March 8, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On February 2, 2022, the Department of Commerce (Commerce) published its preliminary determination in the less-than-fair-value investigation of urea ammonium nitrate solutions (UAN) from the Republic of Trinidad and Tobago (Trinidad) in the Federal Register. Commerce is amending this preliminary determination to correct a significant ministerial error.
Full Text
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<title>Federal Register, Volume 87 Issue 45 (Tuesday, March 8, 2022)</title>
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[Federal Register Volume 87, Number 45 (Tuesday, March 8, 2022)]
[Notices]
[Pages 12935-12936]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04887]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-274-808]
Urea Ammonium Nitrate Solutions From the Republic of Trinidad and
Tobago: Amended Preliminary Determination of Sales at Less Than Fair
Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On February 2, 2022, the Department of Commerce (Commerce)
published its preliminary determination in the less-than-fair-value
investigation of urea ammonium nitrate solutions (UAN) from the
Republic of Trinidad and Tobago (Trinidad) in the Federal Register.
Commerce is amending this preliminary determination to correct a
significant ministerial error.
DATES: Applicable March 8, 2022.
FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-6412.
SUPPLEMENTARY INFORMATION:
Background
On February 2, 2022, Commerce published in the Federal Register the
preliminary determination in the less-than-fair-value investigation of
UAN from Trinidad,\1\ and disclosed all calculations to interested
parties. On February 2, 2022, CF Industries Nitrogen, LLC and its
subsidiaries, Terra Nitrogen, Limited Partnership and Terra
International (Oklahoma) LLC (the petitioner) filed timely ministerial
error allegations concerning the Preliminary Determination for the sole
respondent, Methanol Holdings (Trinidad) Ltd. (MHTL), and requested,
pursuant to 19 CFR 351.224(e), that Commerce correct the alleged
ministerial error.\2\
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\1\ See Urea Ammonium Nitrate Solutions from the Republic of
Trinidad and Tobago: Preliminary Affirmative Determination of Sales
at Less Than Fair Value, Postponement of Final Determination, and
Extension of Provisional Measures, 87 FR 5783 (February 2, 2022)
(Preliminary Determination).
\2\ See Petitioner's Letter, ``Urea Ammonium Nitrate Solutions
from the Republic of Trinidad and Tobago: Petitioner's Ministerial
Error Comments Regarding the Preliminary Determination,'' dated
February 2, 2022 (Ministerial Allegation).
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Period of Investigation
The period of investigation is April 1, 2020, through March 31,
2021.
Scope of the Investigation
The product covered by this investigation is UAN from Trinidad. For
a complete description of the scope of the investigation, see
Preliminary Determination, at Appendix I.
Significant Ministerial Error
In accordance with 19 CFR 351.224(e), Commerce ``will analyze any
comments received and, if appropriate, correct any significant
ministerial error by amending the preliminary determination.'' A
ministerial error is defined in 19 CFR 351.224(f) as ``an error in
addition, subtraction, or other arithmetic function clerical error
resulting from inaccurate copying, duplication, or the like, and any
other similar type of unintentional error which the Secretary considers
ministerial.'' A significant ministerial error is defined as a
ministerial error, the correction of which, singly or in combination
with other errors, would result in: (1) A change of at least five
absolute percentage points in, but not less than 25 percent of, the
weighted-average dumping margin calculated in the original (erroneous)
preliminary determination; or (2) a difference between a weighted-
average dumping margin of zero or de minimis and a
[[Page 12936]]
weighted-average dumping margin of greater than de minimis or vice
versa.\3\
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\3\ See 19 CFR 351.224(g)(1) and (2).
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Ministerial Error Allegation
The petitioner timely alleged that Commerce made a significant
ministerial error by adjusting MHTL's total cost of manufacturing twice
when applying natural gas and electricity factors to account for a
particular market situation (PMS).\4\ After analyzing these
allegations, we determine that we made a significant ministerial error
in the Preliminary Determination with respect to our PMS adjustment of
MHTL's total cost of manufacturing.\5\ For a detailed discussion of the
aforementioned ministerial error allegations, as well as Commerce's
analysis of these comments, see the Ministerial Error Memorandum.
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\4\ See Ministerial Allegations at 2.
\5\ See Memorandum, ``Preliminary Determination of Antidumping
Duty Investigation on Urea Ammonium Nitrate Solutions from the
Republic of Trinidad and Tobago: Allegation of Ministerial Error,''
dated concurrently with this notice (Ministerial Error Memorandum).
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Pursuant to 19 CFR 351.224(g)(1), Commerce's error in the
application of the PMS factors is significant, because its correction
results in a change of at least five absolute percentage points in, but
not less than 25 percent of, the estimated weighted-average dumping
margin calculated in the Preliminary Determination (i.e., a change from
an estimated weighted-average dumping margin of 63.08 percent to 111.64
percent.) Therefore, we are correcting the ministerial error and
amending our Preliminary Determination accordingly.\6\
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\6\ See Ministerial Error Memorandum.
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Amended Preliminary Determination
We are amending the Preliminary Determination to reflect the
correction of a significant ministerial error made in the margin
calculation for MHTL in accordance with 19 CFR 351.224(e). In addition,
because the preliminary ``All-Others'' rate was based on the estimated
weighted-average dumping margin calculated for MHTL, we are also
amending the ``All-Others'' rate. As a result of the correction of the
ministerial error, the revised estimated weighted-average dumping
margins are as follows:
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Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
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Methanol Holdings (Trinidad) Ltd............................ 111.64
All-Others.................................................. 111.64
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Amended Cash Deposits and Suspension of Liquidation
The collection of cash deposits and suspension of liquidation will
be revised according to the rates established in this amended
preliminary determination, in accordance with section 773(d) of the
Tariff Act of 1930, as amended (the Act). Because these amended rates
result in increased cash deposit rates, they will be effective on the
date of publication of this notice in the Federal Register.
International Trade Commission Notification
In accordance with section 773(f) of the Act, we intend to notify
the International Trade Commission of our amended preliminary
determination.
Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days after public announcement of the amended
preliminary determination, in accordance with 19 CFR 351.224.
This amended preliminary determination is issued and published in
accordance with sections 773(f) and 777(i) of the Act and 19 CFR
351.224(e).
Dated: March 1, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-04887 Filed 3-7-22; 8:45 am]
BILLING CODE 3510-DS-P
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