Notice2022-13568
Urea Ammonium Nitrate Solutions From the Republic of Trinidad and Tobago: Final Affirmative Countervailing Duty Determination
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 countervailable subsidies are being provided to producers and exporters of urea ammonium nitrate solutions (UAN) from the Republic of Trinidad and Tobago (Trinidad and Tobago). The period of investigation is January 1, 2020, through December 31, 2020.
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 37828-37829]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13568]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-274-809]
Urea Ammonium Nitrate Solutions From the Republic of Trinidad and
Tobago: Final Affirmative Countervailing Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of urea ammonium nitrate solutions (UAN) from the Republic of Trinidad
and Tobago (Trinidad and Tobago). The period of investigation is
January 1, 2020, through December 31, 2020.
DATES: Applicable June 24, 2022.
FOR FURTHER INFORMATION CONTACT: Thomas Martin or Ariela Garvett, 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) 482-3936 or (202)
482-3609, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 3, 2021, Commerce published the Preliminary
Determination.<SUP>1</SUP> For a complete description of the events
that followed the Preliminary Determination, see the Issues and
Decision Memorandum.\2\ The Issues and 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 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>.
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\1\ See Urea Ammonium Nitrate Solutions from the Republic of
Trinidad and Tobago: Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final Determination With the Final
Antidumping Duty Determination, 86 FR 68640 (December 3, 2021)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Countervailing Duty
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).
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Period of Investigation
The period of investigation is January 1, 2020, through December
31, 2020.
Scope of the Investigation
The products covered by this investigation are UAN from Trinidad
and Tobago. For a complete description of the scope of the
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 Subsidy Programs and Comments Received
The subsidy programs under investigation and the issues raised in
the case and rebuttal briefs by parties in this investigation are
discussed in the Issues and Decision Memorandum. For a list of the
issues raised by interested parties and addressed in the Issues and
Decision Memorandum, see Appendix II to this notice.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Tariff Act of 1930, as amended (the Act). For each of the
subsidy programs found countervailable, Commerce 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.\3\ For a full description of the methodology underlying our
final determination, see the Issues and Decision Memorandum.
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\3\ 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.
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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 on-site
verifications to verify the information relied upon in making this
final determination, in accordance with section 782(i) of the Act.\4\
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\4\ See 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 December
21, 2021; see also Government of Trinidad and Tobago's Letter,
``Urea Ammonium Nitrate Solutions from the Republic of Trinidad and
Tobago: GoTT's Response to the Department's In Lieu of Verification
Questionnaire,'' dated January 19, 2022.
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Changes Since the Preliminary Determination
After evaluating the comments received from interested parties and
record information, we have made no changes to the net countervailable
subsidy rates calculated for Methanol Holdings (Trinidad) Limited
(MHTL), the sole mandatory respondent in this investigation. For a
discussion of these comments, see the Issues and Decision Memorandum.
All-Others Rate
In accordance with section 705(c)(1)(B)(i) of the Act, we
calculated an individual estimated countervailable subsidy rate for
MHTL. Section 705(c)(5)(A)(i) of the Act states that, for companies not
individually investigated, Commerce will determine an all-others rate
equal to the weighted-average countervailable subsidy rates established
for exporters and/or producers individually investigated, excluding any
zero and de minimis countervailable subsidy rates, and any rates
determined entirely under section 776 of the Act.
Commerce calculated an individual estimated countervailable subsidy
rate for MHTL, the only individually examined producer/exporter in this
investigation. Because the only individually calculated rate is not
zero, de minimis, or based entirely on facts otherwise available, the
rate calculated for MHTL is the rate assigned to all other producers
and exporters not individually examined in this investigation, pursuant
to section 705(c)(5)(A)(i) of the Act.
Final Determination
Commerce determines that the following estimated net
countervailable subsidy rates exist:
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Subsidy
rate
Company (percent ad
valorem)
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Methanol Holdings (Trinidad) Limited....................... 1.83
All Others................................................. 1.83
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Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a 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 the notice of final
determination in the Federal
[[Page 37829]]
Register, in accordance with 19 CFR 351.224(b). However, because there
are no changes from the Preliminary Determination, there are no new
calculations to disclose.
Continuation of Suspension of Liquidation
As a result of our Preliminary Determination, and pursuant to
sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S.
Customs and Border Protection (CBP) to suspend liquidation of entries
of subject merchandise, as described in the scope of the investigation
section, that were entered or withdrawn from warehouse, for
consumption, on or after December 3, 2021, the date of publication of
the Preliminary Determination in the Federal Register. In accordance
with section 703(d) of the Act, we instructed CBP to discontinue the
suspension of liquidation for subject merchandise entered, or withdrawn
from warehouse, on or after April 2, 2022, but to continue the
suspension of liquidation of all entries of subject merchandise between
December 3, 2021, and April 1, 2022.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a countervailing duty
order, reinstate the suspension of liquidation under section 706(a) of
the Act, and require a cash deposit of estimated countervailing duties
for entries of subject merchandise in the amounts indicated above. If
the ITC determines that material injury, or threat of material injury,
does not exist, this proceeding will be terminated, and all estimated
duties deposited or securities posted as a result of the suspension of
liquidation will be refunded or canceled.
ITC Notification
In accordance with section 705(d) of the Act, Commerce will notify
the ITC of its final affirmative determination that countervailable
subsidies are being provided to producers and exporters of UAN from
Trinidad and Tobago. As Commerce's final determination is affirmative,
in accordance with section 705(b) of the Act, the ITC will determine,
within 45 days, whether the domestic industry in the United States is
materially injured or threatened with material injury. In addition, we
are making available to the ITC all non-privileged and nonproprietary
information related to this investigation. We will allow the ITC access
to all privileged and business proprietary information in our files,
provided the ITC confirms that it will not disclose such information,
either publicly or under an administrative protective order (APO),
without the written consent of the Assistant Secretary for Enforcement
and Compliance.
Notification Regarding APO
In the event the ITC issues a final negative injury determination,
this notice serves as the only reminder to parties subject to an APO of
their responsibility concerning the destruction of proprietary
information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Timely written 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 terms of an APO
is a sanctionable violation.
Notification to Interested Parties
This determination is issued and published pursuant to sections
705(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 investigation if performed in the subject
country.
The scope also includes UAN that is commingled with UAN from
sources not subject to these investigations. 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. Subsidies Valuation
V. Analysis of Programs
VI. Analysis of Comments
Comment 1: Whether Commerce Should Revise the Natural Gas
Benchmark Calculation for MHTL's Methanol Facilities
Comment 2: Whether Commerce Should Use Separate Natural Gas
Benchmarks for MHTL's Ammonia, Urea, and Melamine (AUM) and Methanol
Facilities
Comment 3: Whether Certain Affiliated Companies are Cross-Owned
with and Provided Primarily Dedicated Inputs to MHTL
Comment 4: Whether Commerce Should Include the Rate Calculated
for the Import Duty Exemptions Program in the Cash Deposit
Instructions for MHTL
VII. Recommendation
[FR Doc. 2022-13568 Filed 6-23-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 24, 2022.
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