Notice2022-13566
Urea Ammonium Nitrate Solutions From the Russian Federation: Final Affirmative Determination of Sales at Less Than Fair Value
Primary source
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Published
June 24, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that urea ammonium nitrate solutions (UAN) from the Russian Federation (Russia) are being, or are likely to be, sold in the United States at less than fair value (LTFV).
Full Text
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<title>Federal Register, Volume 87 Issue 121 (Friday, June 24, 2022)</title>
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[Federal Register Volume 87, Number 121 (Friday, June 24, 2022)]
[Notices]
[Pages 37831-37833]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13566]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-831]
Urea Ammonium Nitrate Solutions From the Russian Federation:
Final Affirmative Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
urea ammonium nitrate solutions (UAN) from the Russian Federation
(Russia) are being, or are likely to be, sold in the United States at
less than fair value (LTFV).
DATES: Applicable June 24, 2022.
FOR FURTHER INFORMATION CONTACT: Krisha Hill or Drew Jackson, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4037 or (202) 482-4406,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 2, 2022, Commerce published the Preliminary
Determination in this investigation.\1\ A summary of the events that
occurred since Commerce published the Preliminary Determination, as
well as a full discussion of the issues raised by parties for this
final determination, may be found in the Issues and Decision
Memorandum.\2\
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\1\ See Urea Ammonium Nitrate Solutions from the Russian
Federation: Preliminary Affirmative Determination of Sales at Less
Than Fair Value, Postponement of Final Determination, and Extension
of Provisional Measures, 87 FR 5785 (February 2, 2022) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Urea Ammonium Nitrate Solutions from the Russian
Federation,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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Period of Investigation
The period of investigation (POI) is April 1, 2020, through March
31, 2021.
Scope of the Investigation
The products covered by this investigation are UAN from Russia. For
a complete description of the scope of this investigation, see Appendix
I.
Scope Comments
No interested party commented on the scope of the investigation as
it appeared in the Preliminary Determination. We made no changes to the
scope of the investigation.
Use of Adverse Facts Available
Pursuant to section 776(a) and (b) of the Tariff Act of 1930, as
amended (the Act), we have continued to base the dumping margins for
PJSC Kuibyshev Azot and SBU Azot upon facts otherwise available, with
adverse inferences, because these companies
[[Page 37832]]
failed to timely respond to Commerce's quantity and value
questionnaire.
Analysis of Comments Received
All issues raised in the case briefs and rebuttal briefs submitted
by interested parties in this proceeding are discussed in the Issues
and Decision Memorandum. A list of the issues raised by parties and
responded to by Commerce in the Issues and Decision Memorandum is
attached to this notice as Appendix II. The Issues and Decision
Memorandum is a public document and is available 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 Issues and Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Verification
Commerce was unable to conduct on-site verification of the
information relied upon in making its final determination in this
investigation. However, we took additional steps in lieu of an on-site
verification to verify the information relied upon in making this final
determination, in accordance with section 782(i) of the Act.\3\
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\3\ See Commerce's Letter to Acron on February 14, 2022 (Acron's
ILOV Questionnaire); see also Commerce's Letter to EuroChem on
February 15, 2022 (EuroChem's ILOV Questionnaire); Acron's Letter,
``Urea Ammonium Nitrate Solutions from the Russian Federation:
Response to Questionnaire in Lieu of Verification,'' dated February
24, 2022; and EuroChem's Letter, ``Urea Ammonium Nitrate Solutions
from the Russian Federation,'' dated February 24, 2022.
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Changes Since the Preliminary Determination
Based on our analysis of the comments received and additional
information obtained since our preliminary determination, we made
certain changes to the dumping margin calculation for Public Joint
Stock Company Acron (Acron) after the Preliminary Determination.
Additionally, since we based the adverse facts available (AFA) rate for
PJSC Kuibyshev Azot and SBU Azot on the highest non-aberrational
transaction margin calculated for either mandatory respondent, and that
margin has changed due to changes in our calculations at the final
determination, we have revised the AFA dumping margin assigned to PJSC
Kuibyshev Azot and SBU Azot to equal the highest non-aberrational
transaction margin calculated for either mandatory respondent for the
final determination. For a discussion of these changes, see the Issues
and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
individually investigated exporters and producers, excluding any
dumping margins that are zero or de minimis or any dumping margins
determined entirely under section 776 of the Act. Commerce calculated
individual estimated weighted-average dumping margins for Acron and
EuroChem,\4\ the mandatory respondents in this investigation, that are
not zero, de minimis, or based entirely on facts otherwise available.
Commerce calculated the all-others rate by weight averaging the
estimated weighted-average dumping margins that it calculated for the
individually examined respondents. Commerce weight averaged these
dumping margins by the publicly-ranged total values of their sales of
subject merchandise to the United States during the POI.\5\
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\4\ We used ``EuroChem'' to refer to the collapsed entity
comprising the following companies: Azot, Joint Stock Company (i.e.,
NAK Azot), Joint Stock Company ``Nevinnomyssky Azot'' (i.e.,
Nevinka), Mineral and Chemical Company EuroChem, Joint Stock
Company, and EuroChem Trading Rus, Limited Liability Company.
\5\ With two respondents under examination, Commerce normally
calculates (A) a weighted-average of the estimated weighted-average
dumping margins calculated for the examined respondents; (B) a
simple average of the estimated weighted-average dumping margins
calculated for the examined respondents; and (C) a weighted-average
of the estimated weighted-average dumping margins 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
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, please see the All-Others Rate Calculation Memorandum.
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Final Determination
The estimated weighted-average dumping margins are as follows:
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\6\ See Memorandum, ``Antidumping Duty Investigation of Urea
Ammonium Nitrate Solutions from the Russian Federation: Final
Calculations and Analysis for PJSC Acron,'' dated concurrently with
this memorandum; see also Memorandum, ``Less-Than-Fair-Value
Investigation of Urea Ammonium Nitrate Solutions from the Russian
Federation: Preliminary Calculations and Analysis for EuroChem,''
dated January 26, 2022; and Memorandum, ``Final Determination
Calculation for the All-Others,'' dated concurrently with this
memorandum.
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Cash deposit rate
Estimated weighted- (adjusted for
Exporter/producer average dumping subsidy offset(s))
margin (percent) (percent) \6\
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Public Joint Stock Company Acron 8.16 8.02
Azot, Joint Stock Company/Joint 23.98 23.98
Stock Company ``Nevinnomyssky
Azot''/Mineral and Chemical
Company EuroChem, Joint Stock
Company/EuroChem Trading Rus,
Limited Liability Company......
PJSC Kuibyshev Azot *........... 122.93 122.84
SBU Azot *...................... 122.93 122.84
All Others...................... 14.91 14.82
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* Rate is based on facts otherwise available with an adverse inference.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this final determination within five
days of any public announcement or, if there is no public announcement,
within five days of the date of publication of this notice in
accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct U.S. Customs and Border Protection
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(CBP) to continue the suspension of liquidation of all appropriate
entries of UAN, as described in Appendix I of this notice, which were
entered, or withdrawn from warehouse, for consumption on or after
February 2, 2022, the date of publication of the Preliminary
Determination in this investigation in the Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of the Act, we will instruct
CBP to require a cash deposit equal to the estimated amount by which
the normal value exceeds the U.S. price in this final determination, as
follows: (1) the cash deposit rate for each of the respondents listed
in the table above is the company-specific cash deposit rate listed for
the respondent in the table; (2) if the exporter is not a respondent
listed in the table above, but the producer is, then the cash deposit
rate is the company-specific cash deposit rate listed for the producer
of the subject merchandise in the table above; and (3) the cash deposit
rate for all other producers and exporters is the ``All Others'' cash
deposit rate listed in the table above. These suspension of liquidation
instructions will remain in effect until further notice.
In the event that a countervailing duty (CVD) order is issued, and
suspension of liquidation is resumed in the companion CVD investigation
of UAN from Russia, Commerce will instruct CBP to require, for this
antidumping duty investigation, cash deposits adjusted by the amount of
export subsidies, as appropriate. These adjustments are reflected in
the final column of the rate table, above. Until such suspension of
liquidation is resumed in the companion CVD investigation, and so long
as suspension of liquidation continues under this antidumping duty
investigation, the cash deposit rates for this antidumping duty
investigation will be the rates identified in the estimated weighted-
average dumping margin column in the rate table, above.
International Trade Commission Notification
In accordance with section 735(d) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its final affirmative
determination of sales at LTFV. Because the final determination in this
proceeding is affirmative, in accordance with section 735(b)(2) of the
Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured, or
threatened with material injury, no later than 45 days after our final
determination. If the ITC determines that material injury or threat of
material injury does not exist, the proceeding will be terminated, and
all cash deposits will be refunded. If the ITC determines that material
injury or threat of material injury does exist, Commerce will issue an
antidumping duty order directing CBP to assess, upon further
instruction by Commerce, antidumping duties on all imports of the
subject merchandise, entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
Notification Regarding Administrative Protective Orders
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the
return or destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and the terms of an APO is a violation subject to sanction.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i) of the Act, and 19 CFR 351.210(c).
Dated: June 17, 2022.
Lisa W. Wang,
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 investigations 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 Sections in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
Comment 1: Whether to Reconsider Russia's Status as a Market
Economy Country
Comment 2: Whether to Base Acron's Dumping Margin on Adverse
Facts Available
Comment 3: Whether Commerce Made Certain Ministerial Errors
Comment 4: Whether to Base EuroChem's Dumping Margin on Adverse
Facts Available (AFA)
Comment 5: Whether Commerce Should Grant EuroChem a Difference
in Quantity Adjustment
Comment 6: Whether Commerce Should Grant EuroChem a Constructed
Export Price (CEP) Offset
Comment 7: Whether to Apply the Cohen's d Test to EuroChem's
Sales
Comment 8: Proper Enforcement of Antidumping Duty Laws
VI. Recommendation
[FR Doc. 2022-13566 Filed 6-23-22; 8:45 am]
BILLING CODE 3510-DS-P
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