[Federal Register Volume 79, Number 226 (Monday, November 24, 2014)]
[Notices]
[Pages 69832-69833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27759]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-811]
Solid Fertilizer Grade Ammonium Nitrate From the Russian
Federation; Final Results of Antidumping Duty Administrative Review;
2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On May 22, 2014, the Department of Commerce (the Department)
published in the Federal Register the Preliminary Results of the 2012-
2013 administrative review of the antidumping duty order on solid
fertilizer grade ammonium nitrate (ammonium nitrate) from the Russian
Federation.\1\ This 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 gave
interested parties an opportunity to comment on the Preliminary Results
and, based upon our analysis of the comments, we continue to find that
sales of subject merchandise to the United States have not been made at
prices below normal value (NV).
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\1\ See Solid Fertilizer Grade Ammonium Nitrate From the Russian
Federation; Preliminary Results of Antidumping Duty Administrative
Review; 2012-2013, 79 FR 29417 (May 22, 2014) (Preliminary Results),
and accompanying Preliminary Decision Memorandum.
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DATES: Effective Date: November 24, 2014.
FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or David Crespo,
AD/CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, 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:
Background
On May 22, 2014, the Department published the Preliminary Results
in the Federal Register. In July 2014, we received a case brief from CF
Industries, Inc. and El Dorado Chemical Company (collectively, the
petitioners). In August 2014, we received rebuttal briefs from Acron
and EuroChem. In October 2014, the Department held an ex-parte
[[Page 69833]]
meeting with the petitioners at their request.
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.\2\
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\2\ For a complete description of the scope of the order, see
the memorandum from Gary Taverman, Associate Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
entitled, ``Decision Memorandum for the Final Results of the 2012-
2013 Administrative Review of the Antidumping Duty Order on Solid
Fertilizer Grade Ammonium Nitrate from the Russian Federation''
(Issues and Decision Memorandum), dated concurrently with and hereby
adopted by this notice.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. A list of the issues which parties
raised and to which we respond in the Issues and Decision Memorandum is
attached to this notice as Appendix I. 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 (IA ACCESS). IA ACCESS is
available to registered users at http://iaaccess.trade.gov, and it is
available to all parties in the Central Records Unit, Room 7046, of the
main Department of Commerce building. In addition, a complete version
of the Issues and Decision Memorandum can be accessed directly at
http://enforcement.trade.gov/frn/index.html. The signed and the
electronic versions of the Issues and Decision Memorandum are identical
in content.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we have made no
changes to Acron's or EuroChem's margin calculations.
Period of Review
The POR is April 1, 2012, through March 31, 2013.
Final Results of the Review
We are assigning the following dumping margins to the firms listed
below as follows:
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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 Azot...... 0.00
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Assessment Rates
Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.212(b)(1), the Department has
determined, and CBP shall assess, antidumping duties on all appropriate
entries of subject merchandise and deposits of estimated duties, where
applicable, in accordance with the final results of this review. The
Department intends to issue appropriate assessment instructions
directly to CBP 15 days after publication of the final results of this
administrative review pursuant to 19 CFR 351.356.8(a).
Pursuant to the Final Modification for Reviews,\3\ because the
respondents' weighted-average dumping margins are zero, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.\4\ The Department intends to issue assessment
instructions to CBP 15 days after the date of publication of these
final results of review.
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\3\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012)
(Final Modification for Reviews).
\4\ Id., 77 FR at 8102.
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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 are less than 0.50 percent and, therefore, de
minimis within the meaning of 19 CFR 351.106(c)(1); accordingly, no
cash deposits will be required; (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.\5\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\5\ 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 serves as the only reminder to importers of their
responsibility, under 19 CFR 351.402(f)(2), 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 Regarding Administrative Protective Order
This notice serves as the only 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 written
notification of return/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.
This notice is published in accordance with section 751 of the
Tariff Act of 1930, as amended, and 19 CFR 351.221(b)(5).
Dated: November 17, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
General Comments
1. Adjusting Respondents' Costs to Account for Alleged
Distortions in the Price of Natural Gas
2. Level of Trade.
[FR Doc. 2014-27759 Filed 11-21-14; 8:45 a.m.]
BILLING CODE 3510-DS-P