[Federal Register Volume 79, Number 99 (Thursday, May 22, 2014)]
[Notices]
[Pages 29417-29419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11886]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-811]
Solid Fertilizer Grade Ammonium Nitrate From the Russian
Federation; Preliminary Results of Antidumping Duty Administrative
Review; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on solid fertilizer
grade ammonium nitrate (ammonium nitrate) from the Russian Federation.
The review covers two groups of producers/exporters of the subject
merchandise, JSC Acron and its affiliate JSC Dorogobuzh (collectively,
Acron) and MCC EuroChem and its affiliates OJSC NAK Azot and OJSC
Nevinnomyssky Azot (collectively, EuroChem). The period of review (POR)
is April 1, 2012, through March 31, 2013. We preliminarily determine
that sales of subject merchandise to the United States have not been
made at prices below normal value (NV). We invite all interested
parties to comment on these preliminary results.
DATES: Effective Date: May 22, 2014.
FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or David Crespo,
AD/CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration,
[[Page 29418]]
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-3874, or (202) 482-3693,
respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to this order is solid, fertilizer grade
ammonium nitrate products. The merchandise subject to this order is
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) at subheadings 3102.30.00.00 and 3102.290000. Although the
HTSUS subheadings are provided for convenience and customs purposes,
the written description of the merchandise within the scope is
dispositive.\1\
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\1\ For a complete description of the scope of the order, see
the memorandum from Gary Taverman, Senior Advisor for Antidumping
and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting
Assistant Secretary for Enforcement and Compliance, entitled,
``Decision Memorandum for the Preliminary Results of the 2012-2013
Administrative Review of the Antidumping Duty Order on Solid
Fertilizer Grade Ammonium Nitrate from the Russian Federation,''
(Preliminary Decision Memorandum), dated concurrently with and
hereby adopted by this notice.
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Methodology
The Department conducted this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed
export price is calculated in accordance with section 772 of the Act.
NV is calculated in accordance with section 773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of the
topics included in the Preliminary Decision Memorandum is attached as
an Appendix to this notice. The Preliminary Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (IA ACCESS). IA ACCESS is available to registered users
at http://iaaccess.trade.gov, and it is available to all paries in the
Central Records Unit, room 7046 of the main Department of Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed and the electronic versions of the
Preliminary Decision Memorandum are identical in content.
Preliminary Results of the Review
The Department preliminarily determines that the following
weighted-average dumping margins exist:
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Weighted-average
Producer/exporter dumping margin
(percent)
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JSC Acron/JSC Dorogobuzh....................... 0.00
MCC EuroChem/OJSC NAK Azot/OJSC Nevinnomyssky 0.00
Azot..........................................
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Disclosure and Public Comment
The Department intends to disclose to interested parties the
calculations performed in connection with these preliminary results
within five days of the date of publication of this notice.\2\ Pursuant
to 19 CFR 351.309(c), interested parties may submit case briefs to the
Department no later than seven days after the date of the final
verification report issued in this proceeding. Rebuttal briefs, the
content of which is limited to the issues raised in the case briefs,
may be filed within five days from the deadline date for the submission
of case briefs.\3\ A list of authorities used, a table of contents, and
an executive summary of issues should accompany any briefs submitted to
the Department.\4\ Executive summaries should be limited to five pages
total, including footnotes. Interested parties who wish to comment on
the preliminary results must file briefs electronically using IA
ACCESS. An electronically-filed document must be received successfully
in its entirety by the Department's electronic records system, IA
ACCESS, by 5 p.m. on the date the document is due.
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\2\ See 19 CFR 351.224(b).
\3\ See 19 CFR 351.309(d)(1) and 19 CFR 351.309(d)(2).
\4\ See 19 CFR 351.309(c)(2).
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In accordance with section 774 of the Act, the Department will hold
a hearing, if timely requested, to afford interested parties an
opportunity to comment on arguments raised in case or rebuttal briefs,
provided that such a hearing is requested by an interested party.\5\
Interested parties who wish to request a hearing, or to participate if
one is requested, must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically using IA ACCESS, as noted above. Requests should
contain the following information: (1) The party's name, address, and
telephone number; (2) the number of participants; and (3) a list of the
issues to be discussed.\6\ If a request for a hearing is made, we will
inform parties of the scheduled date for the hearing which will be held
at the U.S. Department of Commerce, 14th Street and Constitution Avenue
NW., Washington, DC 20230.\7\ Parties should confirm by telephone the
date, time, and location of the hearing.
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\5\ See 19 CFR 351.310.
\6\ Id.
\7\ Id.
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The Department intends to issue the final results of this
administrative review, including the results of its analysis of the
issues raised in any written briefs, not later than 120 days after the
date of publication of this notice, pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h), unless this deadline is extended.
Assessment Rates
Upon issuance of the final results, the Department shall determine,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.\8\ If Acron's
or EuroChem's weighted-average dumping margins are not zero or de
minimis (i.e., less than 0.50 percent), we will calculate importer-
specific assessment rates based on the ratio of the total amount of
dumping calculated for the importer's examined sales and the total
entered value of those sales in accordance with 19 CFR 351.212(b)(1).
We will instruct CBP to assess antidumping duties on all appropriate
entries covered by this review when the importer-specific assessment
rate calculated in the final results of this review is not zero or de
minimis. Where either of the respondent's weighted-average dumping
margin is zero or de minimis, or an importer-specific assessment rate
is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
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\8\ See 19 CFR 351.212(b)(1).
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[[Page 29419]]
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003.\9\ This clarification will apply to entries of subject
merchandise during the POR produced by Acron or EuroChem for which
these companies did not know that the merchandise was destined for the
United States. In such instances, we will instruct CBP to liquidate
unreviewed entries at the all others rate if there is no rate for the
intermediate company(ies) involved in the transaction.
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\9\ For a full discussion of this clarification, see Antidumping
and Countervailing Duty Proceedings: Assessment of Antidumping
Duties, 68 FR 23954 (May 6, 2003).
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We intend to issue instructions to CBP 15 days after publication of
the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication as
provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rates
for Acron and EuroChem will be equal to the weighted-average dumping
margins established in the final results of this administrative review,
except if the rate is less than 0.50 percent and, therefore, de minimis
within the meaning of 19 CFR 351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for merchandise exported by
manufacturers or exporters not covered in this review but covered in a
prior segment of the proceeding, the cash deposit rate will continue to
be the company-specific rate published for the most recently completed
segment; (3) if the exporter is not a firm covered in this review, or
the original investigation, but the manufacturer is, the cash deposit
rate will be the rate established for the most recently completed
segment for the manufacturer of the merchandise; and (4) the cash
deposit rate for all other manufacturers or exporters will continue to
be 253.98 percent, the all-others rate established in the order.\10\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\10\ See Termination of the Suspension Agreement on Solid
Fertilizer Grade Ammonium Nitrate From the Russian Federation and
Notice of Antidumping Duty Order, 76 FR 23569, 23570 (April 27,
2011).
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Notification to Importers
This notice also serves as a preliminary 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 Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: May 16, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
a. Normal Value Comparisons
b. Determination of Comparison Method
c. Results of the Differential Pricing Analysis
d. Product Comparisons
e. Date of Sale
f. Constructed Export Price
g. Normal Value
h. Currency Conversion
5. Recommendation
[FR Doc. 2014-11886 Filed 5-21-14; 8:45 am]
BILLING CODE 3510-DS-P