[Federal Register Volume 81, Number 93 (Friday, May 13, 2016)]
[Notices]
[Pages 29839-29840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11388]
[[Page 29839]]
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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; Preliminary Determination of No Shipments; 2014-2015
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 producer/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,
2014, through March 31, 2015. We preliminarily determine that sales of
subject merchandise to the United States have not been made at prices
below normal value (NV). The Department preliminarily finds that
EuroChem made no shipments of subject merchandise during the POR. We
invite all interested parties to comment on these preliminary results.
DATES: Effective Date: May 13, 2016.
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: As explained in the memorandum from the
Acting Assistant Secretary for Enforcement and Compliance, the
Department has exercised its discretion to toll all administrative
deadlines due to the recent closure of the Federal Government. All
deadlines in this segment of the proceeding have been extended by four
business days. The revised deadline for the preliminary results of this
review is now May 5, 2016.\1\
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\1\ See Memorandum to the Record from Ron Lorentzen, Acting A/S
for Enforcement & Compliance, regarding ``Tolling of Administrative
Deadlines As a Result of the Government Closure During Snowstorm
Jonas,'' dated January 27, 2016.
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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 Preliminary Results of the
2014-2015 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 is conducting 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 (ACCESS). ACCESS is available to registered users at
https://access.trade.gov, and it is available to all paries in the
Central Records Unit, Room B8024 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/. The signed and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
Preliminary Determination of No Shipments
On June 25, 2015, EuroChem properly filed a statement reporting
that it made no shipments of subject merchandise to the United States
during the POR. Additionally, our inquiry to U.S. Customs and Border
Protection (CBP) did not identify any POR entries of EuroChem's subject
merchandise. Based on the foregoing, the Department preliminarily
determines that EuroChem did not have any reviewable transactions
during the POR. For additional information regarding this
determination, see the Preliminary Decision Memorandum. Consistent with
our practice, we are not preliminarily rescinding the review with
respect to EuroChem but, rather, we will complete the review with
respect to this company and issue appropriate instructions to CBP based
on the final results of this review.\3\
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\3\ See e.g., Certain Frozen Warmwater Shrimp From Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp From Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR at
51306 (August 28, 2014).
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Preliminary Results of the Review
The Department preliminarily determines that the following
weighted-average dumping margin exists:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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JSC Acron/JSC Dorogobuzh................................... 0.00
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Disclosure and Public Comment
The Department intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\4\ Interested
parties may submit cases briefs to the Department no later than 30 days
after the date of publication of this notice.\5\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed no later than
five days after the time limit for filing case briefs.\6\ Parties who
submit case briefs or rebuttal briefs in this proceeding are encouraged
to submit with each argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.\7\ Case and
rebuttal briefs should be filed using ACCESS.\8\
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\4\ See 19 CFR 351.224(b).
\5\ See 19 CFR 351.309(c)
\6\ See 19 CFR 351.309(d).
\7\ See 19 CFR 351.309(c)(2) and (d)(2).
\8\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement
[[Page 29840]]
and Compliance within 30 days of the date of publication of this
notice. Requests should contain: (1) The party's name, address and
telephone number; (2) The number of participants; and (3) A list of
issues parties intend to discuss. Issues raised in the hearing will be
limited to those raised in the respective case and rebuttal briefs. If
a request for a hearing is made, parties will be notified of the time
and date for the hearing to be held at the U.S. Department of Commerce,
14th Street and Constitution Avenue NW., Washington, DC 20230.\9\
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\9\ See 19 CFR 351.310(d).
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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 CBP shall assess, antidumping duties on all appropriate entries
covered by this review.\10\ 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 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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\10\ See 19 CFR 351.212(b)(1).
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The Department clarified its ``automatic assessment'' regulation on
May 6, 2003.\11\ This clarification will apply to entries of subject
merchandise during the POR produced by the respondents for which the
company 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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\11\ 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 rate
for Acron 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 EuroChem or 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.\12\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\12\ 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 5, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. 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
VI. Recommendation
[FR Doc. 2016-11388 Filed 5-12-16; 8:45 am]
BILLING CODE 3510-DS-P