Notice2022-10330
Urea Ammonium Nitrate Solutions From the Russian Federation: Initiation of Antidumping Duty Changed Circumstances Review
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
May 13, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is initiating a changed circumstance review (CCR) to examine whether the Russian Federation (Russia) remains a market economy (ME) country for purposes of the antidumping duty (AD) law.
Full Text
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<title>Federal Register, Volume 87 Issue 93 (Friday, May 13, 2022)</title>
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[Federal Register Volume 87, Number 93 (Friday, May 13, 2022)]
[Notices]
[Pages 29286-29287]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10330]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-831]
Urea Ammonium Nitrate Solutions From the Russian Federation:
Initiation of Antidumping Duty Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is initiating a
changed circumstance review (CCR) to examine whether the Russian
Federation (Russia) remains a market economy (ME) country for purposes
of the antidumping duty (AD) law.
DATES: Applicable May 13, 2022.
FOR FURTHER INFORMATION CONTACT: Leah Wils-Owens, Office of Policy,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-4551.
SUPPLEMENTARY INFORMATION:
Background
On June 30, 2021, Commerce received petitions for the imposition of
ADs and countervailing duties (CVD) on urea ammonium nitrate solutions
(UAN) imported into the United States from Russia and the Republic of
Trinidad and Tobago. In the petitions, the petitioner \1\ stated that
information reasonably available to it indicated that Russia does not
operate on market principles, and thus, Commerce should initiate an
investigation into whether, and should determine that, Russia is a non-
market economy (NME) country. After finding that the petitioner's
allegation met the requirements of section 732 of the Tariff Act of
1930, as amended (the Act), on July 30, 2021, Commerce initiated an
investigation into Russia's status as a market economy (ME) country.\2\
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\1\ The petitioner is CF Industries Nitrogen, LLC and its
subsidiaries, Terra Nitrogen, Limited Partnership and Terra
International (Oklahoma) LLC (collectively, the petitioner).
\2\ See Investigation of Urea Ammonium Nitrate Solutions from
the Russian Federation: Opportunity to Comment on the Russian
Federation's Status as a Market Economy Country Under the
Antidumping Duty Laws, 86 FR 41008 (July 30, 2021).
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On October 29, 2021, based on the information on the record,
Commerce determined to continue to confer ME status on Russia for
purposes of AD law.\3\ However, in its determination, Commerce noted
that,
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\3\ See Memorandum, ``Review of Russia's Status as a Market
Economy Country,'' dated October 29, 2021.
[[Page 29287]]
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when Commerce determined Russia to be a market economy country in
2002, {it{time} expected market-oriented reforms to continue to
progress significantly. Since they have not progressed as
significantly as expected and in some cases have backtracked,
Commerce will monitor the progress of reforms in the Russian economy
for the near future for purposes of the antidumping duty law.\4\
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\4\ Id. at 6.
In its March 26, 2022 case brief in the less-than-fair-value (LTFV)
investigation of UAN from Russia, the petitioner argued that the final
phase of the LTFV investigation of UAN from Russia was an appropriate
time in the ``near future'' for Commerce to revisit its determination
regarding Russia's ME status and examine whether its October 2021
findings regarding that status remain valid, including its ``findings
concerning ruble convertibility, the environment for foreign
investment, the {Government of Russia's{time} control over Russia's
economy, rule of law, and freedom of information.'' \5\ Given
Commerce's observations in its October 29, 2021 determination, the
request in the petitioner's case brief, and the additional information
gathered concerning changes to the economic conditions in Russia, we
have determined to revisit Russia's status as an ME country in the
context of a CCR.
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\5\ See Petitioner's Letter, ``Urea Ammonium Nitrate Solutions
from the Russian Federation (A-821-831): Petitioner's Case Brief,''
dated March 15, 2022, at 3.
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Initiation of a Changed Circumstances Review
Pursuant to section 751(b)(1) of the Act, when Commerce receives
information concerning, or a request from an interested party for a
review of, a final affirmative determination that resulted in an AD or
CVD order, which shows changed circumstances sufficient to warrant a
review of such determination, Commerce shall conduct a review of the
determination after publishing notice of the review in the Federal
Register. Section 751(b)(4) of the Act provides that in the absence of
good cause, Commerce may not review final determinations regarding
whether subject merchandise is being, or is likely to be, sold in the
United States at less than its fair value, or whether or not a
countervailable subsidy is being provided with respect to subject
merchandise, less than 24 months after the date of publication of the
notice of that determination.
Since making a final determination concerning Russia's status,
information available to Commerce indicates that there may be important
changes in the economic conditions in Russia related to the six
statutory factors governing NME determinations sufficient for Commerce
to reexamine the issue of Russia's ME status. For a full description of
recent changes in Russia related to the six statutory factors, see the
memorandum ``Reconsideration of Russia's Status as a Market Economy
Country,'' dated concurrently with this Federal Register notice.\6\
Given the developments since Commerce's October 2021 determination, and
the provision in section 771(18)(C)(ii) of the Act that Commerce may
determine whether a country does not operate on market principles at
any time, Commerce has determined that good cause exists within the
meaning of 19 CFR 351.216(c) to initiate a CCR to determine whether to
continue to confer ME status on Russia for purposes of the AD law.
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\6\ See Memorandum, ``Reconsideration of Russia's Status as a
Market Economy Country,'' dated concurrently with, and hereby
adopted by, this notice.
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Therefore, Commerce is initiating a CCR to determine whether to
continue to confer ME status on Russia for purposes of the AD law,
pursuant to sections 751(b) and 771(18)(C)(ii) of the Act, and 19 CFR
351.216(c).
Opportunity for Public Comment and Submission of Factual Information
As part of this CCR, Commerce is providing interested parties with
an opportunity to submit comments and factual information regarding
developments in the Russian economy since October 2021 with respect to
the following factors enumerated in section 771(18)(B) of the Act.
Commerce must consider these factors in making an ME/NME determination:
(i) The extent to which the currency of the foreign country is
convertible into the currency of other countries;
(ii) the extent to which wage rates in the foreign country are
determined by free bargaining between labor and management;
(iii) the extent to which joint ventures or other investments by
firms of other foreign countries are permitted in the foreign country;
(iv) the extent of government ownership or control of the means of
production;
(v) the extent of government control over the allocation of
resources and over the price and output decisions of enterprises; and
(vi) such other factors as the administering authority considers
appropriate.
Interested parties may submit comments and factual information
regarding Russia's current status as an ME country not later than 21
days after the date of publication of this notice in the Federal
Register. Rebuttal comments, limited to comments on issues raised in
parties' affirmative comments, may be filed not later than 10 days
after the date for filing affirmative comments. Interested parties must
submit comments and factual information at the Federal eRulemaking
Portal: <a href="http://www.Regulations.gov">www.Regulations.gov</a>. The identification number is ITA-2022-
0005.
Parties may request a hearing in their comments. After reviewing
all comments, and factual information, Commerce will determine whether
to hold a public hearing in this CCR. If Commerce determines that a
public hearing is warranted, it will announce a time and forum for the
hearing. If Commerce holds an in-person hearing, the hearing will be
held at the main Commerce building, 1401 Constitution Avenue NW,
Washington, DC 20230, in a room, and at a time, to be determined.
Unless extended, consistent with 19 CFR 351.216(e), we intend to
issue the final results of this CCR no later than 270 days after the
date on which this review was initiated or within 45 days of that date
if all parties agree to the outcome of the review.
Notification to Interested Parties
This initiation notice is issued and published in accordance with
sections 751(b) and 771(18)(C)(ii) of the Act.
Dated: May 6, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-10330 Filed 5-12-22; 8:45 am]
BILLING CODE 3510-DS-P
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