Solid Urea from the Russian Federation; Final Results of the Expedited Sunset Review of the Antidumping Duty Order, 24528-24529 [E5-2289]

Download as PDF 24528 Federal Register / Vol. 70, No. 89 / Tuesday, May 10, 2005 / Notices on which such an analysis could be based. Accordingly, because the data available do not provide an appropriate basis for making a LOT adjustment, but the LOT in the home market is at a more advanced stage of distribution than the LOT of the CEP transactions, we preliminarily determine that a CEP offset adjustment is appropriate, in accordance with section 773(a)(7)(B) of the Act. all appropriate entries. Pursuant to section 351.212(b) of the Department’s regulations, the Department calculates an assessment rate for each importer of the subject merchandise for each respondent. The Department will issue appropriate assessment instructions directly to CBP within 15 days of publication of the final results of review. Currency Conversion The following deposit requirements will be effective upon completion of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(1) of the Act: (1) The cash deposit rate will be the rate established in the final results of this review; (2) for previously reviewed or investigated companies not listed above, the cash deposit rate will be the company–specific rate established for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the 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 subject merchandise; and (4) if neither the exporter nor the manufacturer is a firm covered in this review, any previous reviews, or the LTFV investigation, the cash deposit rate will be 124.94 percent, the ‘‘all others’’ rate established in the LTFV investigation. See Antidumping Duty Order and Amended Final Determination: Certain Small Diameter Seamless Carbon and Alloy Steel Standard, Line and Pressure Pipe from Brazil, 60 FR 39707 (August 3, 1995). These deposit rates, when imposed, shall remain in effect until publication of the final results of the next administrative review. We made currency conversions into U.S. dollars, in accordance with section 773A(a) of the Act, based on the exchange rates in effect on the dates of the U.S. sales, as certified by the Federal Reserve Bank. Preliminary Results of Review As a result of our review, we preliminarily determine the weighted– average dumping margin for the period August 1, 2003, through July 31, 2004, to be as follows: Manufacturer / Exporter Margin (percent) V&M do Brasil, S.A. ...... 18.68 The Department will disclose calculations performed in connection with these preliminary results of review within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Interested parties may submit case briefs and/or written comments no later than 30 days after the date of publication of these preliminary results of review. Rebuttal briefs and rebuttals to written comments, limited to issues raised in the case briefs and comments, may be filed no later than 35 days after the date of publication of this notice. Parties who submit argument in these proceedings are requested to submit with the argument: (1) a statement of the issue, (2) a brief summary of the argument, and (3) a table of authorities. An interested party may request a hearing within 30 days of publication. See section 351.310(c) of the Department’s regulations. Any hearing, if requested, will be held 37 days after the date of publication, or the first business day thereafter, unless the Department alters the date. The Department will issue the final results of these preliminary results, including the results of our analysis of the issues raised in any such written comments or at a hearing, within 120 days of publication of these preliminary results. Assessment Rates The Department shall determine, and CBP shall assess, antidumping duties on VerDate jul<14>2003 16:17 May 09, 2005 Jkt 205001 Cash Deposit Requirements 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. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 Dated: May 3, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5–2297 Filed 5–9–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration (A–821–801) Solid Urea from the Russian Federation; Final Results of the Expedited Sunset Review of the Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On October 1, 2004, the Department of Commerce (‘‘the Department’’) initiated a sunset review of the antidumping duty (‘‘AD’’) order on solid urea from the Russian Federation pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). See Initiation of Five-year (Sunset) Reviews, 69 FR 58890 (October 1, 2004). On the basis of a notice of intent to participate and an adequate substantive response filed on behalf of the domestic interested parties and inadequate responses filed on behalf of respondent interested parties, the Department conducted an expedited sunset review. As a result of this review, the Department finds that revocation of the AD order would likely lead to continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Review’’ section of this notice. AGENCY: EFFECTIVE DATE: May 10, 2005. FOR FURTHER INFORMATION CONTACT: Kelly Parkhill, Office of Policy for Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–3791. SUPPLEMENTARY INFORMATION: Background On October 1, 2004, the Department initiated a sunset review of the AD order on solid urea from the Russian Federation pursuant to section 751(c) of the Act. See Initiation of Five-year (Sunset) Reviews, 69 FR 58890 (October 1, 2004). The Department received a Notice of Intent to Participate from the following domestic interested parties: the Ad Hoc Committee of Domestic Nitrogen Producers, (consisting of CF Industries, Inc. and PCS Nitrogen Fertilizer, LP), and Agrium U.S., Inc. E:\FR\FM\10MYN1.SGM 10MYN1 Federal Register / Vol. 70, No. 89 / Tuesday, May 10, 2005 / Notices (collectively ‘‘the domestic interested parties’’) within the deadline specified in section 351.218(d)(1)(i) of the Department’s Regulations (‘‘Sunset Regulations’’). The domestic interested parties claimed interested party status under sections 771(9)(C) and (D) of the Act, as domestic manufacturers of urea or a coalition whose members are engaged in the production of urea in the United States. The Department received a complete substantive response collectively from the domestic interested parties within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). The Department received inadequate substantive responses from the respondent parties.1 As a result, pursuant to section 751(c)(5)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted an expedited sunset review of this order. Scope of the Order Merchandise covered by this order is solid urea, a high–nitrogen content fertilizer which is produced by reacting ammonia with carbon dioxide. The product is currently classifiable under the Harmonized Tariff Schedules of the United States Annotated (‘‘HTS’’) item 3102.10.00.00. During previous reviews such merchandise was classified under item number 480.3000 of the Tariff Schedules of the United States. The HTS item number is provided for convenience and customs purposes. The written description remains dispositive as the scope of the product coverage. Analysis of Comments Received All issues raised in this review are addressed in the Decision Memorandum accompanying this notice. The issues discussed in the Decision Memorandum include the likelihood of continuation or recurrence of dumping and the margins likely to prevail were the order revoked. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in this public memorandum which is on file in the Central Records Unit, room B–099, of the main Commerce building. In addition, a complete version of the Decision Memorandum can be accessed directly on the Web at https:// 1 On December 10, 2004, both respondent and domestic interested parties filed comments on the Department’s adequacy determination in this sunset review. The Department’s consideration of these comments are addressed in the Issues and Decision Memorandum (‘‘Decision Memorandum’’) from Ronald K. Lorentzen, Acting Director, Office of Policy, Import Administration, to Joseph A. Spetrini, Acting Assistant Secretary for Import Administration, dated May 2, 2005, which is hereby adopted by this notice. VerDate jul<14>2003 16:17 May 09, 2005 Jkt 205001 ia.ita.doc.gov/frn, under the heading ‘‘May 2005.’’ The paper copy and electronic version of the Decision Memorandum are identical in content. 24529 respondent interested parties, the Department conduced an expedited sunset review. As a result of this review, the Department finds that revocation of the countervailing duty order would Final Results of Review likely lead to continuation or recurrence We determine that revocation of the of countervailable subsidies at the levels antidumping duty order on solid urea listed below in the section entitled from the Russian Federation would be ‘‘Final Results of Review’’. likely to lead to continuation or EFFECTIVE DATE: May 10, 2005. recurrence of dumping at the rate listed FOR FURTHER INFORMATION CONTACT: below: Martha V. Douthit, Office of Policy, Import Administration, International Producers/Exporters Margin (percent) Trade Administration, U.S. Department of Commerce, 14th Street and Phillip Brothers, Ltd./ Phillip Brothers, Inc. .. 53.23 Constitution Avenue, NW., Washington, All Others ...................... 68.26 DC, 20230; telephone: (202) 482–5050. SUPPLEMENTARY INFORMATION: Notification regarding Administrative Background Protective Order: On October 1, 2004, the Department This notice also serves as the only initiated a sunset review of the reminder to parties subject to countervailing duty order on iron administrative protective order (‘‘APO’’) castings from Brazil pursuant to section of their responsibility concerning the 751(c) of the Tariff Act of 1930, as return or destruction of proprietary amended (‘‘the Act’’).1 The Department information disclosed under APO in received a Notice of Intent to Participate accordance with 19 CFR 351.305 of the on behalf of Deeter Foundry, Inc., East Department’s regulations. Timely Jordan Iron Works, Inc., LeBaron notification of the return or destruction Foundry, Inc., Leed Foundry, Inc., of APO materials or conversion to Municipal Castings, Inc., Neenah judicial protective order is hereby Foundry Company, Tyler Pipe requested. Failure to comply with the Company, and U.S. Foundry & regulations and terms of an APO is a Manufacturing Co. (collectively, violation which is subject to sanction. ‘‘domestic interested parties’’), within We are publishing this notice in the deadline specified in section accordance with sections 751(c), 752, 351.218(d)(1)(i) of the Department’s and 777(i)(1) of the Act. regulations. Domestic interested parties Dated: May 2, 2005. claimed interested party status under Joseph A. Spetrini, section 771(9)(C) of the Act as U.S. producers of the subject merchandise. Acting Assistant Secretary for Import Administration. We received a complete response from the domestic interested parties [FR Doc. E5–2289 Filed 5–9–05; 8:45 am] within the deadline specified in the BILLING CODE 3510–DS–S Department’s regulations under section 351.218(d)(3)(i). However, we did not receive responses from any respondent DEPARTMENT OF COMMERCE interested parties as required in section International Trade Administration 351.218(d)(3)(i) of the Departments regulations. As a result of receiving no (C–351–504) responses from respondent interested parties, the Department conducted an Certain Iron Construction Castings expedited sunset review pursuant to from Brazil; Five-year (‘‘Sunset’’) section 751(c)(3)(B) of the Act and Review of Countervailing Duty Order; section 351.218(e)(1)(ii)(C)(2) of the Final Results Department’s regulations. AGENCY: Import Administration, Scope of the Order International Trade Administration, Department of Commerce. The merchandise covered by the SUMMARY: Summary: On October 1, countervailing duty order consists of 2004, the Department of Commerce certain heavy iron construction castings (‘‘the Department’’) initiated a sunset from Brazil, limited to manhole covers, review of the countervailing duty order rings, and frames, catch basin grates and on certain iron construction castings frames, cleanout covers and frames used (‘‘iron castings’’) from Brazil. On the for drainage or access purposes for basis of the notice of intent to public utility, water and sanitary participate, and no substantive response filed on behalf of the domestic 1 See Initiation of Five-Year (‘‘Sunset’’) Reviews, interested parties and no response from 69 FR 58890 (October 1, 2004.) PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\10MYN1.SGM 10MYN1

Agencies

[Federal Register Volume 70, Number 89 (Tuesday, May 10, 2005)]
[Notices]
[Pages 24528-24529]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-2289]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-821-801)


Solid Urea from the Russian Federation; Final Results of the 
Expedited Sunset Review of the Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On October 1, 2004, the Department of Commerce (``the 
Department'') initiated a sunset review of the antidumping duty 
(``AD'') order on solid urea from the Russian Federation pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (``the Act''). See 
Initiation of Five-year (Sunset) Reviews, 69 FR 58890 (October 1, 
2004). On the basis of a notice of intent to participate and an 
adequate substantive response filed on behalf of the domestic 
interested parties and inadequate responses filed on behalf of 
respondent interested parties, the Department conducted an expedited 
sunset review. As a result of this review, the Department finds that 
revocation of the AD order would likely lead to continuation or 
recurrence of dumping at the levels indicated in the ``Final Results of 
Review'' section of this notice.

EFFECTIVE DATE: May 10, 2005.

FOR FURTHER INFORMATION CONTACT: Kelly Parkhill, Office of Policy for 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-3791.

SUPPLEMENTARY INFORMATION:

Background

    On October 1, 2004, the Department initiated a sunset review of the 
AD order on solid urea from the Russian Federation pursuant to section 
751(c) of the Act. See Initiation of Five-year (Sunset) Reviews, 69 FR 
58890 (October 1, 2004). The Department received a Notice of Intent to 
Participate from the following domestic interested parties: the Ad Hoc 
Committee of Domestic Nitrogen Producers, (consisting of CF Industries, 
Inc. and PCS Nitrogen Fertilizer, LP), and Agrium U.S., Inc.

[[Page 24529]]

(collectively ``the domestic interested parties'') within the deadline 
specified in section 351.218(d)(1)(i) of the Department's Regulations 
(``Sunset Regulations''). The domestic interested parties claimed 
interested party status under sections 771(9)(C) and (D) of the Act, as 
domestic manufacturers of urea or a coalition whose members are engaged 
in the production of urea in the United States. The Department received 
a complete substantive response collectively from the domestic 
interested parties within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i). The Department received inadequate substantive 
responses from the respondent parties.\1\ As a result, pursuant to 
section 751(c)(5)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), 
the Department conducted an expedited sunset review of this order.
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    \1\ On December 10, 2004, both respondent and domestic 
interested parties filed comments on the Department's adequacy 
determination in this sunset review. The Department's consideration 
of these comments are addressed in the Issues and Decision 
Memorandum (``Decision Memorandum'') from Ronald K. Lorentzen, 
Acting Director, Office of Policy, Import Administration, to Joseph 
A. Spetrini, Acting Assistant Secretary for Import Administration, 
dated May 2, 2005, which is hereby adopted by this notice.
---------------------------------------------------------------------------

Scope of the Order

    Merchandise covered by this order is solid urea, a high-nitrogen 
content fertilizer which is produced by reacting ammonia with carbon 
dioxide. The product is currently classifiable under the Harmonized 
Tariff Schedules of the United States Annotated (``HTS'') item 
3102.10.00.00. During previous reviews such merchandise was classified 
under item number 480.3000 of the Tariff Schedules of the United 
States. The HTS item number is provided for convenience and customs 
purposes. The written description remains dispositive as the scope of 
the product coverage.

Analysis of Comments Received

    All issues raised in this review are addressed in the Decision 
Memorandum accompanying this notice. The issues discussed in the 
Decision Memorandum include the likelihood of continuation or 
recurrence of dumping and the margins likely to prevail were the order 
revoked. Parties can find a complete discussion of all issues raised in 
this review and the corresponding recommendations in this public 
memorandum which is on file in the Central Records Unit, room B-099, of 
the main Commerce building. In addition, a complete version of the 
Decision Memorandum can be accessed directly on the Web at https://
ia.ita.doc.gov/frn, under the heading ``May 2005.'' The paper copy and 
electronic version of the Decision Memorandum are identical in content.

Final Results of Review

    We determine that revocation of the antidumping duty order on solid 
urea from the Russian Federation would be likely to lead to 
continuation or recurrence of dumping at the rate listed below:

------------------------------------------------------------------------
                 Producers/Exporters                   Margin (percent)
------------------------------------------------------------------------
Phillip Brothers, Ltd./Phillip Brothers, Inc........               53.23
All Others..........................................               68.26
------------------------------------------------------------------------

Notification regarding Administrative Protective Order:

    This notice also serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 of the 
Department's regulations. Timely notification of the return or 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and terms 
of an APO is a violation which is subject to sanction.
    We are publishing this notice in accordance with sections 751(c), 
752, and 777(i)(1) of the Act.

    Dated: May 2, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-2289 Filed 5-9-05; 8:45 am]
BILLING CODE 3510-DS-S