Notice2022-20665
Urea Ammonium Nitrate Solutions From the Russian Federation: Termination of Antidumping Duty Changed Circumstances Review; Emulsion Styrene-Butadiene Rubber From the Russia Federation: Notification of Intent To Investigate Whether the Russian Federation is a Market Economy
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Published
September 23, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is terminating the changed circumstances review (CCR) under the antidumping duty (AD) investigation of urea ammonium nitrate solutions (UAN) from the Russian Federation (Russia), in which Commerce was examining whether Russia has remained a market economy (ME) country for purposes of the AD law. The examination of whether Russia has remained an ME country for purposes of the AD law is now being continued within the context of the emulsion styrene-butadiene rubber (ESBR) investigation from Russia.
Full Text
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<title>Federal Register, Volume 87 Issue 184 (Friday, September 23, 2022)</title>
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[Federal Register Volume 87, Number 184 (Friday, September 23, 2022)]
[Notices]
[Pages 58061-58063]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20665]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-831, A-821-835]
Urea Ammonium Nitrate Solutions From the Russian Federation:
Termination of Antidumping Duty Changed Circumstances Review; Emulsion
Styrene-Butadiene Rubber From the Russia Federation: Notification of
Intent To Investigate Whether the Russian Federation is a Market
Economy
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is terminating the
changed circumstances review (CCR) under the antidumping duty (AD)
investigation of urea ammonium nitrate solutions (UAN) from the Russian
Federation (Russia), in which Commerce was examining whether Russia has
remained a market economy (ME) country for purposes of the AD law. The
examination of whether Russia has remained an ME country for purposes
of the AD law is now being continued within the context of the emulsion
styrene-butadiene rubber (ESBR) investigation from Russia.
DATES: Applicable September 23, 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) 482-4203, email: <a href="/cdn-cgi/l/email-protection#b3ffd6d2db9de4dadfc09efcc4d6ddc0f3c7c1d2d7d69dd4dcc5"><span class="__cf_email__" data-cfemail="92def7f3fabcc5fbfee1bfdde5f7fce1d2e6e0f3f6f7bcf5fde4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
On June 30, 2021, Commerce received petitions for the imposition of
AD and countervailing duties (CVD) on UAN imported into the United
States from Russia and the Republic of Trinidad and Tobago. In the
petitions,\1\ the petitioner stated that information that was
reasonably available to it indicated that Russia does not operate on
market principles. As such, the petitioner argued that 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 AD investigation of UAN from Russia, as well as an
examination of Russia's status as an ME country.\2\
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\1\ The petitioner in the UAN proceedings was 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 that Russia remained an ME country 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 58062]]
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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 AD investigation of UAN
from Russia, the petitioner argued that the final phase of the AD
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, Commerce determined to revisit
Russia's status as an ME country in the context of a CCR initiated on
May 6, 2022.\6\ Commerce detailed recent developments in Russia in an
accompanying decision memorandum, finding that good cause exists within
the meaning of 19 CFR 351.216(c) to initiate a CCR to review whether
Russia remains an ME country for purposes of administration of the AD
law.\7\ Therefore, Commerce initiated a CCR to determine whether Russia
remains an ME country 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).
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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.
\6\ See Urea Ammonium Nitrate Solutions from the Russian
Federation: Initiation of Antidumping Duty Changed Circumstances
Review, 87 FR 29286 (May 13, 2022) (CCR Initiation), and
accompanying Decision Memorandum (placed on the record of the ESBR
investigation on September 14, 2022).
\7\ Id.
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Termination of the CCR
On July 25, 2022, EuroChem Switzerland (EuroChem), a global
fertilizer supplier and a mandatory respondent in the UAN from Russia
AD investigation, requested that the CCR be terminated.\8\ EuroChem
cited the negative injury determination as to UAN by the U.S.
International Trade Commission (ITC) as grounds for terminating the
CCR.\9\ EuroChem also argued that the comments it had provided in
response to the CCR Initiation, along with comments from the Government
of Russia, had effectively rebutted Commerce's claim that good cause
existed to examine Russia's ME status.\10\
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\8\ See EuroChem's Letter, ``Urea Ammonium Nitrate Solutions
(UAN) from the Russian Federation,'' dated July 25, 2022 (placed on
the record of the ESBR investigation on September 14, 2022).
\9\ Id. at 1-2; see also Urea Ammonium Nitrate Solutions from
Russia and Trinidad and Tobago, 87 FR 48689 (August 10, 2022)
(finding that an industry in the United States is not materially
injured or threatened with material injury by reason of imports of
UAN from Russia).
\10\ Id. at 2.
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Commerce has concluded that it is necessary to terminate the CCR,
because as a result of the ITC's finding of no material injury or
threat of material injury, there is no AD order of UAN from Russia to
review through a CCR.\11\
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\11\ See section 731 of the Act; see also section 751(b)(1) of
the Act.
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ESBR From Russia--Investigation of Russia's ME Status
As Commerce is now terminating the CCR of UAN from Russia, Commerce
is now examining Russia's ME status within the context of the AD
investigation of ESBR from Russia, pursuant to section 771(18)(C)(ii)
of the Act. The final determination of the investigation of ESBR from
Russia is scheduled to be issued not later than November 9, 2022. While
Commerce intends to complete the review of Russia's ME status by the
final determination, Commerce does not intend to reconsider the
calculation methodology used for determining the AD margins in the ESBR
from Russia final determination, as there will not be sufficient time
to do so.
Opportunity for Public Comment and Submission of Factual Information
Certain parties submitted public comments and factual information
for consideration in the CCR pursuant to the Federal eRulemaking
Portal: <a href="http://www.Regulations.gov">www.Regulations.gov</a>. These include comments and, where
applicable, rebuttal comments from:
(a) EuroChem Switzerland;
(b) The Ministry of Economic Development of the Russian
Federation;
(c) CF Industries Nitrogen, LLC and its subsidiaries, Terra
Nitrogen, Limited Partnership and Terra International (Oklahoma)
LLC; and
(d) Wiley Rein LLP.
Commerce is now requesting these parties resubmit their comments to
the ESBR from Russia AD investigation (A-821-835) segment on ACCESS.
The parties listed above must resubmit their comments to the ACCESS
ESBR from Russia AD investigation segment no later than 5:00 p.m.
Eastern Time, September 28, 2022. The parties listed above resubmitting
their comments must follow the additional instructions provided by
Commerce in a memorandum issued concurrently with this notice and
placed on the records of both the ESBR investigation and the UAN
CCR.\12\
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\12\ See Memorandum, ``Resubmitting Information and Comments
Concerning Russia's Status as a Market Economy Country from the Urea
Ammonium Nitrate Solutions Changed Circumstances Review,'' dated
concurrently with this notice.
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Commerce is also providing interested parties that have not already
submitted comments in the CCR with an opportunity to submit public
comments and factual information regarding developments in the Russian
economy since October 2021 with respect to the six factors enumerated
in section 771(18)(B) of the Act. If parties have already submitted
comments on Russia's status as an ME country in the context of the CCR
discussed above, new comments from those parties will not be accepted.
The six factors enumerated in section 771(18)(B) of the Act are:
(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 no 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 no later than 10 days after
the date for filing affirmative comments. Comments, factual
information, and rebuttal comments must contain all public information.
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 the AD
[[Page 58063]]
investigation of ESBR from Russia, limited to Russia's current status
as an ME country.\13\ If Commerce determines that a public hearing on
this issue is warranted, it will announce a time and forum for the
hearing.
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\13\ Other issues in the investigation will be subject to a
briefing schedule to be established after the issuance of
verification reports. Likewise, a hearing on other issues in the
investigation, if one is scheduled, will be separately scheduled.
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Notification to Interested Parties
This notice is issued and published in accordance with section
771(18)(C)(ii) of the Act.
Dated: September 19, 2022
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-20665 Filed 9-22-22; 8:45 am]
BILLING CODE 3510-DS-P
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