[Federal Register Volume 77, Number 209 (Monday, October 29, 2012)]
[Notices]
[Pages 65532-65533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26531]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-811]
Solid Fertilizer Grade Ammonium Nitrate From the Russian
Federation: Notice of Rescission of Antidumping Duty Administrative
Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood, AD/CVD
[[Page 65533]]
Operations, Office 2, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3874.
SUPPLEMENTARY INFORMATION:
Background
On April 10, 2012, the Department of Commerce (the Department)
published in the Federal Register a notice of ``Opportunity to Request
Administrative Review'' of the antidumping duty order on solid
fertilizer grade ammonium nitrate (ammonium nitrate) from the Russian
Federation (Russia) for the period of review (POR) of May 2, 2011,
through March 31, 2012.\1\ The Department received timely-filed
requests from JSC Acron (Acron) and MCC EuroChem (EuroChem) (the
respondents) in accordance with 19 CFR 351.213(b), for an
administrative review of the antidumping duty order on ammonium nitrate
from Russia. On May 29, 2012, the Department published a notice of
initiation of an administrative review of the antidumping duty order on
ammonium nitrate from Russia for Acron and EuroChem.\2\ On the same
date, we: (1) Issued the antidumping questionnaire to these companies;
and (2) requested information from U.S. Customs and Border Protection
(CBP) on imports of subject merchandise from these respondents during
the POR, in accordance with our practice. In June 2012, we received the
requested CBP information, which showed that neither Acron nor EuroChem
had entries of subject merchandise during the POR. On June 5, 2012, we
placed a memorandum on the administrative record of this case stating
that our review of the CBP database showed no POR entries of subject
merchandise by the respondents.\3\ We released the results of our CBP
data query to the respondents and CF Industries, Inc. and El Dorado
Chemical Company (collectively, the petitioners). We received no
comments on the CBP data.
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\1\ See Ammonium Nitrate from Russia: Correction to Notice of
Opportunity to Request Administrative Review, 77 FR 21527 (Apr. 10,
2012).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Requests for Revocation in Part, 77 FR
31586, 31570 (May 29, 2012).
\3\ See the June 5, 2012, memorandum from Elizabeth Eastwood,
Senior Analyst, to the file, entitled, ``2011-2012 Antidumping Duty
Administrative Review: Solid Fertilizer Grade Ammonium Nitrate
(Ammonium Nitrate) from the Russian Federation (Russia): Data Query
Request.''
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On June 20, 2012, Acron submitted its response to section A of the
Department's antidumping questionnaire, which indicated that Acron had
a shipment of subject merchandise to the United States in March 2012;
however, the entry documentation submitted with this response showed
that the entry associated with this shipment was not made until after
the end of the POR. See Acron's June 20, 2012, response at Exhibits 1
and 19.
On June 22, 2012, EuroChem submitted a partial response to section
A of the Department's antidumping duty questionnaire, which stated that
EuroChem also had a shipment of subject merchandise to the United
States in March 2012. Unlike Acron, however, EuroChem provided a CBP
7501 form indicating that the entry associated with this shipment
occurred on March 26, 2012. See EuroChem's June 22, 2012, submission at
Exhibit 2. Because this information was not consistent with the
underlying CBP data, on June 25, 2012, we queried the CBP database as
to the status of the particular entry in question. According to the CBP
database, although EuroChem submitted its entry documentation on March
26, 2012, the entry was not accepted by CBP as entered until after the
end of the POR.
Because neither respondent had an entry of subject merchandise into
the United States during the POR, on June 28, 2012, the Department
placed a memorandum on the record notifying interested parties of its
intent to rescind this administrative review.\4\ We invited parties to
comment on our Intent to Rescind Memo. On July 9, 2012, we received
comments from the respondents, and on July 16, 2012, we received
rebuttal comments from the petitioners.
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\4\ See the June 28, 2012, memorandum from Holly Phelps,
Analyst, to James Maeder, Director, Office 2, entitled, ``Intent to
Rescind Administrative Review: 2011-2012 Antidumping Duty
Administrative Review of Solid Fertilizer Grade Ammonium Nitrate
from the Russian Federation'' (Intent to Rescind Memo).
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On August 24, 2012, we placed a memorandum on the record regarding
EuroChem's entry date, to which EuroChem responded on September 4,
2012.
Rescission of Review
It is the Department's practice to rescind an administrative review
pursuant to 19 CFR 351.213(d)(3) when there are no reviewable entries
of subject merchandise during the POR subject to the antidumping duty
order and for which liquidation is suspended.\5\ At the end of the
administrative review, the suspended entries are liquidated at the
assessment rate computed for the review period. See 19 CFR
351.212(b)(l). Therefore, for an administrative review to be conducted,
there must be a reviewable, suspended entry to be liquidated at the
newly calculated assessment rate. As discussed in the Issues and
Decision Memorandum (Decision Memo) accompanying this notice, we find
that neither respondent made entries of subject merchandise during the
POR. Therefore, we are rescinding this review of the antidumping duty
order on ammonium nitrate from Russia pursuant to 19 CFR 351.213(d)(3).
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\5\ See, e.g., Certain Frozen Warmwater Shrimp From Brazil:
Notice of Rescission of Antidumping Duty Administrative Review, 77
FR 32498 (June 1, 2012); and Certain Steel Concrete Reinforcing Bars
From Turkey; Preliminary Results of Antidumping Duty Administrative
Review, 67 FR 21634, 21635 (May 1, 2002), unchanged in Certain Steel
Concrete Reinforcing Bars From Turkey; Final Results and Partial
Rescission of Antidumping Duty Administrative Review, 67 FR 66110
(Oct. 30, 2002).
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Analysis of Comments Received
All issues raised in by parties to this administrative review in
their comments are addressed in the Decision Memo, which is adopted by
this notice. Parties can find a complete discussion of all issues and
the corresponding recommendations in this public memorandum, which is
on file electronically via IA ACCESS in the Central Records Unit, room
7046, of the main Department of Commerce building.
In addition, a complete version of the Decision Memo can be
accessed directly on the Web at http://ia.ita.doc.gov/frn/. The paper
copy and electronic version of the Decision Memo are identical in
content.
This notice is published in accordance with section 751 of the
Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).
Dated: October 22, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-26531 Filed 10-26-12; 8:45 am]
BILLING CODE 3510-DS-P