[Federal Register Volume 76, Number 208 (Thursday, October 27, 2011)]
[Notices]
[Pages 66690-66692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27446]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-801]
Solid Urea From the Russian Federation: Final Results of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On June 17, 2011, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping duty order on solid urea from the Russian Federation. The
solid urea subject to this review was produced and exported by MCC
EuroChem (EuroChem). The period of review (POR) is July 1, 2009,
through June 30, 2010.
Based on our analysis of comments received, we have not made any
changes in the margin calculation for EuroChem. The final weighted-
average dumping margin for EuroChem is listed below in the section
entitled ``Final Results of the Administrative Review.''
DATES: Effective Date: October 27, 2011.
FOR FURTHER INFORMATION CONTACT: Dustin Ross or Minoo Hatten, AD/CVD
Operations, Office 1, Import Administration, International Trade
Administration, U.S. Department of
[[Page 66691]]
Commerce, 14th Street and Constitution Avenue NW., Washington DC 20230;
telephone: (202) 482-0747 and (202) 482-1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 17, 2011, the Department published the Preliminary Results
of the administrative review of the antidumping duty order on solid
urea from the Russian Federation. See Solid Urea From the Russian
Federation: Preliminary Results of Antidumping Duty Administrative
Review, 76 FR 35405 (June 17, 2011) (Preliminary Results).
On August 9, 2011, we received a case brief from the petitioners
\1\ and a letter in lieu of a case brief from EuroChem. On August 18,
2011, we received rebuttal briefs from the petitioners and from
EuroChem. There were no requests for a hearing.
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\1\ The Ad Hoc Committee of Domestic Nitrogen Producers and its
individual urea-producing members, CF Industries, Inc., and PCS
Nitrogen.
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Scope of the Order
The merchandise subject to the antidumping duty order is solid
urea, a high-nitrogen content fertilizer which is produced by reacting
ammonia with carbon dioxide. The product is currently classified under
the Harmonized Tariff Schedule of the United States (HTSUS) item number
3102.10.00.00. Previously such merchandise was classified under item
number 480.3000 of the Tariff Schedules of the United States. Although
the HTSUS subheading is provided for convenience and customs purposes,
the written description of the merchandise is dispositive.
Analysis of Comments Received
All issues raised in the petitioners' case brief and EuroChem's
letter in lieu of a case brief are addressed in the Issues and Decision
Memorandum which is hereby adopted by this notice. A list of the issues
raised is attached to this notice as Appendix I. The Issues and
Decision Memorandum is a public document and is on file electronically
via Import Administration's Antidumping and Countervailing Duty
Centralized Electronic Service System (IA ACCESS). Access to IA ACCESS
is available in the Central Records Unit (CRU), room 7046 of the main
Department of Commerce building. In addition, a complete version of the
Issues and Decision Memorandum can be accessed directly on the Internet
at http://www.trade.gov/ia/. The signed Issues and Decision Memorandum
and the electronic versions of the Issues and Decision Memorandum are
identical in content.
Final Results of the Administrative Review
We determine that the weighted-average margin on solid urea from
the Russian Federation produced and exported by EuroChem for the period
July 1, 2009, through June 30, 2010, is 1.17 percent.
Assessment Rates
The Department shall determine and U.S. Customs and Border
Protection (CBP) shall assess antidumping duties on all appropriate
entries. In accordance with 19 CFR 351.212(b)(1), we have calculated an
importer-specific assessment rate for EuroChem reflecting these final
results of review.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. This clarification will apply to entries of subject
merchandise during the POR produced by EuroChem for which EuroChem did
not know its merchandise was destined for the United States. In such
instances, we will instruct CBP to liquidate unreviewed entries of
merchandise produced by EuroChem at the all-others rate if there is no
rate for the intermediate company(ies) involved in the transaction. For
a full discussion of this clarification, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
The Department intends to issue instructions to CBP 15 days after
the publication of these final results of review.
Cash-Deposit Requirements
The following cash-deposit requirements will be effective upon
publication for all shipments of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the publication
date of the final results of this review, as provided by section
751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act): (1) The
cash-deposit rate for EuroChem will be 1.17 percent; (2) for previously
reviewed or investigated companies not listed above, the cash-deposit
rate will continue to be the company-specific rate published for the
most recent period; (3) if the exporter is not a firm covered in this
review, a prior review, or the original less-than-fair-value (LTFV)
investigation but the manufacturer is, the cash-deposit rate will be
the rate established for the most recent period for the manufacturer of
the merchandise; (4) the cash-deposit rate for all other manufacturers
or exporters will continue to be 64.93 percent, the all-others rate
established in the LTFV investigation. See Urea From the Union of
Soviet Socialist Republics; Final Determination of Sales at Less Than
Fair Value, 52 FR 19557, 19561 (May 26, 1987). Following the break-up
of the Soviet Union, the antidumping duty order on solid urea from the
Soviet Union was transferred to the individual members of the
Commonwealth of Independent States. See Solid Urea From the Union of
Soviet Socialist Republics; Transfer of the Antidumping Order on Solid
Urea From the Union of Soviet Socialist Republics to the Commonwealth
of Independent States and the Baltic States and Opportunity to Comment,
57 FR 28828 (June 29, 1992). The rate established in the LTFV
investigation for the Soviet Union was applied to each new independent
state, including the Russian Federation. These cash-deposit
requirements shall remain in effect until further notice.
Notifications
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
This notice also serves as a reminder to parties subject to
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
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 sanctionable violation.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i) of the Act.
Dated: October 17, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix
Comment 1: Affiliation of EuroChem's Franchisees
Comment 2: Freight and Transportation Revenue
Comment 3: Imputed Credit Expenses
[[Page 66692]]
Comment 4: Publication of Final Results
Comment 5: Zeroing
[FR Doc. 2011-27446 Filed 10-26-11; 8:45 am]
BILLING CODE 3510-DS-P