Notice2022-13567
Urea Ammonium Nitrate Solutions From the Republic of Trinidad and Tobago: Final Affirmative Determination of Sales at Less Than Fair Value
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
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 Republic of Trinidad and Tobago (Trinidad and Tobago) are being, or are likely to be, sold in the United States at less than fair value (LTFV).
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 121 (Friday, June 24, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 121 (Friday, June 24, 2022)]
[Notices]
[Pages 37824-37825]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13567]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-274-808]
Urea Ammonium Nitrate Solutions From the Republic of Trinidad and
Tobago: 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 Republic of Trinidad and
Tobago (Trinidad and Tobago) 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: Lilit Astvatsatrian, 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) 482-6412.
SUPPLEMENTARY INFORMATION:
Background
On February 2, 2022, Commerce published the Preliminary
Determination.\1\ On March 8, 2022, Commerce published the Amended
Preliminary Determination.\2\ 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.\3\
---------------------------------------------------------------------------
\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), and accompanying Preliminary Decision
Memorandum.
\2\ See Urea Ammonium Nitrate Solutions from the Republic of
Trinidad and Tobago: Amended Preliminary Determination of Sales at
Less Than Fair Value, 87 FR 12935 (March 8, 2022) (Amended
Preliminary Determination), and accompanying Ministerial Error
Memorandum.
\3\ 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 Republic
of Trinidad and Tobago,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Period of Investigation
The period of investigation is April 1, 2020, through March 31,
2021.
Scope of the Investigation
The products covered by this investigation are UAN from Trinidad
and Tobago. 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. Therefore, no changes
were made to the scope of the investigation.
Analysis of Comments Received
All issues raised in the case 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 Tariff Act of
1930, as amended (the Act).\4\
---------------------------------------------------------------------------
\4\ See Commerce's Letter, In Lieu of On-Site Verification
Questionnaire, dated February 17, 2022; MHTL's Letter, ``Urea
Ammonium Nitrate Solutions from the Republic of Trinidad and Tobago:
MHTL's Response to the Department's In Lieu of Verification
Questionnaire,'' dated February 25, 2022; and MHTL's Letter, ``Urea
Ammonium Nitrate Solutions from the Republic of Trinidad and Tobago:
MHTL's Response to the Department's Revised Database
Questionnaire,'' dated March 14, 2022.
---------------------------------------------------------------------------
Changes Since the Amended Preliminary Determination
Based on our analysis of the comments received and additional
information obtained since our Amended Preliminary Findings, we made a
certain change to the margin calculation for Methanol Holdings
(Trinidad) Ltd. (MHTL) after the Amended Preliminary Determination. For
a discussion of this change, 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
margins that are zero, de minimis, or any margins determined entirely
under section 776 of the Act.
In this investigation, Commerce calculated an estimated weighted-
average dumping margin for the sole mandatory respondent, MHTL, that is
not zero, de minimis, or based entirely on facts otherwise available.
Because the only individually calculated dumping margin is not zero, de
minimis, or based entirely on facts otherwise available, the estimated
weighted-average dumping margin calculated for MHTL is the dumping
margin assigned to all other producers and exporters, pursuant to
section 735(c)(5)(A) of the Act.
Final Determination
The estimated weighted-average dumping margins are as follows:
[[Page 37825]]
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Methanol Holdings (Trinidad) Ltd............................ 111.71
All Others.................................................. 111.71
------------------------------------------------------------------------
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 (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 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.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
countervailing duty (CVD) proceeding, when CVD provisional measures are
in effect. However, Commerce did not make an affirmative determination
for countervailable export subsidies in the companion CVD
investigation. Therefore, there is no offset to the estimated weighted-
average dumping margin by the CVD rate for export subsidies.
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 Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Changes Since the Amended Preliminary Determination
V. Discussion of the Issues
Comment 1: Particular Market Situation (PMS)
(A) Natural Gas
(B) Electricity
Comment 2: Constructed Value (CV) Profit Calculation
Comment 3: Financial Expense Ratio Calculation
VI. Recommendation
[FR Doc. 2022-13567 Filed 6-23-22; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on June 24, 2022.
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.