Preliminary Results of Five-year Sunset Review of Suspended Antidumping Duty Investigation on Ammonium Nitrate from the Russian Federation, 61431-61432 [E5-5864]
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Federal Register / Vol. 70, No. 204 / Monday, October 24, 2005 / Notices
in response to material submitted
during the foregoing period may be
submitted during the subsequent 15–
day period (to January 9, 2006.
A copy of the application will be
available for public inspection at the
Office of the Foreign–Trade Zones
Board’s Executive Secretary at address
No.1 listed above and at the Office of
the Port Director, U.S. Customs and
Border Protection, 150–A West Phillips
Road, Greer, SC 29650.
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–0162, or 482–0172,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Review
The products covered by the sunset
review of the suspended antidumping
duty investigation on ammonium nitrate
from Russia include solid, fertilizer
grade ammonium nitrate products,
whether prilled, granular or in other
solid form, with or without additives or
coating, and with a bulk density equal
to or greater than 53 pounds per cubic
foot. Specifically excluded from this
scope is solid ammonium nitrate with a
bulk density less than 53 pounds per
cubic foot (commonly referred to as
industrial or explosive grade
ammonium nitrate). The merchandise
subject to this investigation is classified
in the Harmonized Tariff Schedule of
the United States (‘‘HTSUS’’) at
subheading 3102.30.00.00. Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
within the scope of this sunset review
is dispositive.
SUMMARY: On April 1, 2005, the
Department of Commerce (‘‘the
Department’’) initiated a sunset review
of the suspended antidumping duty
investigation on ammonium nitrate from
the Russian Federation (‘‘Russia’’)
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (‘‘the Act’’).
See Notice of Initiation of Five-year
(‘‘Sunset’’) Reviews, 70 FR 16800, (April
1, 2005) (‘‘Initiation Notice’’). On the
basis of notices of intent to participate
filed on behalf of domestic interested
parties and adequate substantive
comments filed on behalf of domestic
and respondent interested parties, the
Department is conducting a full (240day) review. As a result of this review,
the Department preliminarily finds that
termination of the suspended
antidumping duty investigation on
ammonium nitrate from Russia would
likely lead to continuation or recurrence
of dumping at the levels indicated in the
Preliminary Results of Review section of
this notice.
EFFECTIVE DATE: October 24, 2005.
FOR FURTHER INFORMATION CONTACT:
Sally Gannon or Aishe Allen, Import
Administration, International Trade
Administration, U.S. Department of
History of the Suspension Agreement
On August 12, 1999, the Department
initiated an antidumping duty
investigation under section 732 of the
Act on ammonium nitrate from Russia.
See Initiation of Antidumping Duty
Investigation: Solid Fertilizer Grade
Ammonium Nitrate From the Russian
Federation, 64 FR 45236 (August 19,
1999). On January 7, 2000, the
Department preliminarily determined
that ammonium nitrate from Russia is
being, or is likely to be, sold in the
United States at less than fair value. See
Notice of Preliminary Determination of
Sales at Less Than Fair Value: Solid
Fertilizer Grade Ammonium Nitrate
From the Russian Federation, 65 FR
1139 (January 7, 2000).
The Department suspended the
antidumping duty investigation on
ammonium nitrate from Russia effective
May 19, 2000. The basis for this action
was an agreement between the
Department and the Ministry of Trade of
the Russian Federation (‘‘MOT’’)
accounting for substantially all imports
of ammonium nitrate from Russia,
wherein the MOT has agreed to restrict
exports of ammonium nitrate from all
Russian producers/exporters to the
United States and to ensure that such
exports are sold at or above the agreed
reference price. See Suspension of
Antidumping Duty Investigation: Solid
Fertilizer Grade Ammonium Nitrate
From the Russian Federation, 65 FR
Dated: October 17, 2005.
Dennis Puccinelli,
Executive Secretary,
[FR Doc. 05–21216 Filed 10–21–05; 8:45 am]
Billing Code: 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–821–811]
Preliminary Results of Five-year
Sunset Review of Suspended
Antidumping Duty Investigation on
Ammonium Nitrate from the Russian
Federation
Import Administration,
International Trade Administration,
Department of Commerce.
ACTION: Notice of preliminary results of
full sunset review: ammonium nitrate
from the Russian Federation.
VerDate Aug<31>2005
15:19 Oct 21, 2005
Jkt 208001
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
61431
37759, (June 16, 2000) (‘‘Suspension
Agreement’’). Thereafter, pursuant to a
request by the petitioner, the Committee
for Fair Ammonium Nitrate Trade
(‘‘COFANT’’), the Department
completed its investigation and
published in the Federal Register its
final determination of sales at less that
fair value. See Notice of Final
Determination of Sales at Less Than
Fair Value; Solid Fertilizer Grade
Ammonium Nitrate From the Russian
Federation, 65 FR 42669, (July 11, 2000)
(‘‘Final Determination’’). In the Final
Determination, the Department
calculated weighted–average dumping
margins of 253.98 percent for
Nevinnomyssky Azot, a respondent
company in the investigation, and for
the Russia–wide entity. The Suspension
Agreement remains in effect for all
manufacturers, producers, and exporters
of ammonium nitrate from Russia.
Background
On April 1, 2005, the Department
initiated a sunset review of the
suspended antidumping duty
investigation on ammonium nitrate from
Russia, pursuant to section 751(c) of the
Act. See Notice of Initiation of Five-year
(‘‘Sunset’’) Reviews, 70 FR 16800 (April
1, 2005). The Department received
Notices of Intent to Participate on behalf
of COFANT and Agrium US Inc
(‘‘Agrium’’), domestic interested parties
in this proceeding, within the
applicable deadline specified in section
351.218(d)(1)(i) of the Department’s
Regulations. See Agrium’s April 14,
2005, and COFANT’s April 18, 2005,
submissions to the Department. The
domestic interested parties claimed
interested–party status under section
771(9)(C) of the Act. Id. In addition, the
domestic interested parties assert that
they are not related to a foreign
producer/exporter and are not
importers, or related to importers, of the
subject merchandise. Id.
The Department received complete
substantive responses from the domestic
interested parties within the 30-day
deadline specified in the Department’s
regulations under section
351.218(d)(3)(i). See Agrium’s April 29,
2005, and COFANT’s May 2, 2005,
substantive responses. Also, on May 2,
2005, the Department received a partial
substantive response from respondent
interested parties: MCC EuroChem
(‘‘EuroChem’’); Novomoskovskiy Azot
(‘‘NAK’’); Nevinnomyssky Azot; JSC
Minudobreniya; JSC Acron; and JSC
Dorogobuzh (collectively ‘‘Russian
respondents’’). In their initial response,
the Russian respondents requested a
one-week extension to submit a
complete substantive response. On May
E:\FR\FM\24OCN1.SGM
24OCN1
61432
Federal Register / Vol. 70, No. 204 / Monday, October 24, 2005 / Notices
4, 2005, COFANT submitted a letter to
the Department objecting to the Russian
respondents’ extension request. The
Department granted the Russian
respondents an extension and on May 9,
2005, the Department received a
substantive supplemental response from
the Russian respondents. COFANT and
the Russian respondents filed rebuttal
briefs to each other’s substantive
responses on May 16, 2005. See
COFANT’s and the Russian
respondents’ rebuttal responses, dated
May 16, 2005. On May 24, 2005, the
Department issued a questionnaire to
the Russian respondents, requesting
additional information on their
substantive responses. On June 1, 2005,
the Russian respondents submitted this
additional information.
In a sunset review, the Department
normally will conclude that there is
adequate response from respondent
interested parties such that it is
appropriate to conduct a full sunset
review where respondent interested
parties who filed complete substantive
responses account for more than 50
percent, by volume, of total exports of
subject merchandise to the United
States. See Section 351.218(e)(1)(ii)(A)
of the Department’s regulations. After
examining the respondent interested
parties’ total exports of the subject
merchandise, the Department
determined that the respondent
interested parties, who filed complete
substantive responses, accounted for the
requisite amount of production. See
Memorandum from the Sunset Team to
Ronald Lorentzen, Acting Director,
Office of Policy, ‘‘Adequacy
Determination: Sunset Review of the
Antidumping Duty Suspension
Agreement on Ammonium Nitrate from
the Russian Federation,’’ dated May 24,
2005. Because the respondent interested
parties submitted an adequate response
to the notice of initiation, the
Department is conducting a full (240day) sunset review in accordance with
section 751(c)(5)(A) of the Act, and
section 351.218(e)(1)(i) of the
Department’s regulations. On May 24,
2005, the Department notified the
International Trade Commission (‘‘ITC’’)
that it received an adequate response to
the notice of initiation from the
respondent interested parties and,
therefore, is conducting a full (240-day)
sunset review. The Department’s
preliminary results of this review were
scheduled for July 20, 2005, and its final
results of this review were scheduled for
November 28, 2005. On July 19, 2005,
the Department decided to extend time
limits for its preliminary and final
results in the full sunset review of the
VerDate Aug<31>2005
15:19 Oct 21, 2005
Jkt 208001
suspended antidumping duty
investigation on ammonium nitrate from
Russia because it needed additional
time for its analysis. As a result of this
extension, the Department is issuing the
preliminary results of this sunset review
on or about October 18, 2005 and the
final results of this sunset review by
February 27, 2006.
Analysis of Comments Received
All issues raised by parties to this
sunset review are addressed in the
Issues and Decision Memorandum for
the Suspended Antidumping Duty
Investigation on Ammonium Nitrate
from the Russian Federation (‘‘Decision
Memorandum’’) from Ron Lorentzen,
Acting Director, Office of Policy, Import
Administration, to Joseph A. Spetrini,
Acting Assistant Secretary, Import
Administration, dated October 17, 2005,
which is adopted by this notice. The
issues discussed in the Decision
Memorandum include the likelihood of
continuation or recurrence of dumping
and the magnitude of the margins likely
to prevail were the suspended
antidumping duty investigation to be
terminated. Parties may 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 Department of 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 ‘‘October 2005.’’ The paper
copy and electronic version of the
Decision Memorandum are identical in
content.
Department’s regulations. Rebuttal
briefs, which must be limited to issues
raised in the case briefs, may be filed
not later than December 12, 2005. Any
hearing, if requested, will be held on
December 14, 2005, in accordance with
section 351.310(d) of the Department’s
regulations. The Department will issue
a notice of final results of this sunset
review, which will include the results of
its analysis of issues raised in any such
comments, no later than February 27,
2006.
This sunset review and notice are in
accordance with sections 751(c), 752,
and 777(i)(1) of the Act.
Dated: October 17, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E5–5864 Filed 10–21–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–813]
Canned Pineapple Fruit from Thailand:
Final Results and Partial Rescission of
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 8, 2005, the
Department of Commerce (the
Department) published in the Federal
Register the preliminary results and
partial preliminary rescission of the
administrative review of the
antidumping duty order on canned
pineapple fruit from Thailand. This
Preliminary Results of Review
review covers two manufacturers/
We preliminarily determine that
exporters: Vita Food Factory (1989) Ltd.
termination of the suspended
(Vita) and Thai Pineapple Canning
antidumping duty investigation on
Industry Corp., Ltd. (TPC). The period
ammonium nitrate from Russia would
of review (POR) is July 1, 2003, through
likely lead to a continuation or
June 30, 2004.
recurrence of dumping at the following
We provided interested parties with
percentage weighted–average margin:
an opportunity to comment on the
preliminary results of review. However,
Weighted–
we received no comments from
average
Exporter/manufacturer
interested parties. In these final results,
margin
(percent)
we have made no changes to the
weighted–average dumping margins
JSC Azot Nevinnomyssky ..........
253.98
calculated for TPC and Vita in the
Russia–Wide ...............................
253.98
preliminary results of this
administrative review.
Any interested party may request a
hearing within 30 days of publication of EFFECTIVE DATE: October 24, 2005.
this notice in accordance with section
FOR FURTHER INFORMATION CONTACT:
351.310(c) of the Department’s
Magd Zalok or Drew Jackson, AD/CVD
regulations. Interested parties may
Operations, Office 4, Import
submit case briefs no later than
Administration, International Trade
December 7, 2005, in accordance with
Administration, U.S. Department of
section 351.309(c)(1)(i) of the
Commerce, 14th and Constitution
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
AGENCY:
E:\FR\FM\24OCN1.SGM
24OCN1
]]>Agencies
[Federal Register Volume 70, Number 204 (Monday, October 24, 2005)]
[Notices]
[Pages 61431-61432]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-5864]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-811]
Preliminary Results of Five-year Sunset Review of Suspended
Antidumping Duty Investigation on Ammonium Nitrate from the Russian
Federation
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of preliminary results of full sunset review: ammonium
nitrate from the Russian Federation.
-----------------------------------------------------------------------
SUMMARY: On April 1, 2005, the Department of Commerce (``the
Department'') initiated a sunset review of the suspended antidumping
duty investigation on ammonium nitrate from the Russian Federation
(``Russia'') pursuant to section 751(c) of the Tariff Act of 1930, as
amended (``the Act''). See Notice of Initiation of Five-year
(``Sunset'') Reviews, 70 FR 16800, (April 1, 2005) (``Initiation
Notice''). On the basis of notices of intent to participate filed on
behalf of domestic interested parties and adequate substantive comments
filed on behalf of domestic and respondent interested parties, the
Department is conducting a full (240-day) review. As a result of this
review, the Department preliminarily finds that termination of the
suspended antidumping duty investigation on ammonium nitrate from
Russia would likely lead to continuation or recurrence of dumping at
the levels indicated in the Preliminary Results of Review section of
this notice.
EFFECTIVE DATE: October 24, 2005.
FOR FURTHER INFORMATION CONTACT: Sally Gannon or Aishe Allen, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC
20230; telephone: (202) 482-0162, or 482-0172, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Review
The products covered by the sunset review of the suspended
antidumping duty investigation on ammonium nitrate from Russia include
solid, fertilizer grade ammonium nitrate products, whether prilled,
granular or in other solid form, with or without additives or coating,
and with a bulk density equal to or greater than 53 pounds per cubic
foot. Specifically excluded from this scope is solid ammonium nitrate
with a bulk density less than 53 pounds per cubic foot (commonly
referred to as industrial or explosive grade ammonium nitrate). The
merchandise subject to this investigation is classified in the
Harmonized Tariff Schedule of the United States (``HTSUS'') at
subheading 3102.30.00.00. Although the HTSUS subheadings are provided
for convenience and customs purposes, the written description of the
merchandise within the scope of this sunset review is dispositive.
History of the Suspension Agreement
On August 12, 1999, the Department initiated an antidumping duty
investigation under section 732 of the Act on ammonium nitrate from
Russia. See Initiation of Antidumping Duty Investigation: Solid
Fertilizer Grade Ammonium Nitrate From the Russian Federation, 64 FR
45236 (August 19, 1999). On January 7, 2000, the Department
preliminarily determined that ammonium nitrate from Russia is being, or
is likely to be, sold in the United States at less than fair value. See
Notice of Preliminary Determination of Sales at Less Than Fair Value:
Solid Fertilizer Grade Ammonium Nitrate From the Russian Federation, 65
FR 1139 (January 7, 2000).
The Department suspended the antidumping duty investigation on
ammonium nitrate from Russia effective May 19, 2000. The basis for this
action was an agreement between the Department and the Ministry of
Trade of the Russian Federation (``MOT'') accounting for substantially
all imports of ammonium nitrate from Russia, wherein the MOT has agreed
to restrict exports of ammonium nitrate from all Russian producers/
exporters to the United States and to ensure that such exports are sold
at or above the agreed reference price. See Suspension of Antidumping
Duty Investigation: Solid Fertilizer Grade Ammonium Nitrate From the
Russian Federation, 65 FR 37759, (June 16, 2000) (``Suspension
Agreement''). Thereafter, pursuant to a request by the petitioner, the
Committee for Fair Ammonium Nitrate Trade (``COFANT''), the Department
completed its investigation and published in the Federal Register its
final determination of sales at less that fair value. See Notice of
Final Determination of Sales at Less Than Fair Value; Solid Fertilizer
Grade Ammonium Nitrate From the Russian Federation, 65 FR 42669, (July
11, 2000) (``Final Determination''). In the Final Determination, the
Department calculated weighted-average dumping margins of 253.98
percent for Nevinnomyssky Azot, a respondent company in the
investigation, and for the Russia-wide entity. The Suspension Agreement
remains in effect for all manufacturers, producers, and exporters of
ammonium nitrate from Russia.
Background
On April 1, 2005, the Department initiated a sunset review of the
suspended antidumping duty investigation on ammonium nitrate from
Russia, pursuant to section 751(c) of the Act. See Notice of Initiation
of Five-year (``Sunset'') Reviews, 70 FR 16800 (April 1, 2005). The
Department received Notices of Intent to Participate on behalf of
COFANT and Agrium US Inc (``Agrium''), domestic interested parties in
this proceeding, within the applicable deadline specified in section
351.218(d)(1)(i) of the Department's Regulations. See Agrium's April
14, 2005, and COFANT's April 18, 2005, submissions to the Department.
The domestic interested parties claimed interested-party status under
section 771(9)(C) of the Act. Id. In addition, the domestic interested
parties assert that they are not related to a foreign producer/exporter
and are not importers, or related to importers, of the subject
merchandise. Id.
The Department received complete substantive responses from the
domestic interested parties within the 30-day deadline specified in the
Department's regulations under section 351.218(d)(3)(i). See Agrium's
April 29, 2005, and COFANT's May 2, 2005, substantive responses. Also,
on May 2, 2005, the Department received a partial substantive response
from respondent interested parties: MCC EuroChem (``EuroChem'');
Novomoskovskiy Azot (``NAK''); Nevinnomyssky Azot; JSC Minudobreniya;
JSC Acron; and JSC Dorogobuzh (collectively ``Russian respondents'').
In their initial response, the Russian respondents requested a one-week
extension to submit a complete substantive response. On May
[[Page 61432]]
4, 2005, COFANT submitted a letter to the Department objecting to the
Russian respondents' extension request. The Department granted the
Russian respondents an extension and on May 9, 2005, the Department
received a substantive supplemental response from the Russian
respondents. COFANT and the Russian respondents filed rebuttal briefs
to each other's substantive responses on May 16, 2005. See COFANT's and
the Russian respondents' rebuttal responses, dated May 16, 2005. On May
24, 2005, the Department issued a questionnaire to the Russian
respondents, requesting additional information on their substantive
responses. On June 1, 2005, the Russian respondents submitted this
additional information.
In a sunset review, the Department normally will conclude that
there is adequate response from respondent interested parties such that
it is appropriate to conduct a full sunset review where respondent
interested parties who filed complete substantive responses account for
more than 50 percent, by volume, of total exports of subject
merchandise to the United States. See Section 351.218(e)(1)(ii)(A) of
the Department's regulations. After examining the respondent interested
parties' total exports of the subject merchandise, the Department
determined that the respondent interested parties, who filed complete
substantive responses, accounted for the requisite amount of
production. See Memorandum from the Sunset Team to Ronald Lorentzen,
Acting Director, Office of Policy, ``Adequacy Determination: Sunset
Review of the Antidumping Duty Suspension Agreement on Ammonium Nitrate
from the Russian Federation,'' dated May 24, 2005. Because the
respondent interested parties submitted an adequate response to the
notice of initiation, the Department is conducting a full (240-day)
sunset review in accordance with section 751(c)(5)(A) of the Act, and
section 351.218(e)(1)(i) of the Department's regulations. On May 24,
2005, the Department notified the International Trade Commission
(``ITC'') that it received an adequate response to the notice of
initiation from the respondent interested parties and, therefore, is
conducting a full (240-day) sunset review. The Department's preliminary
results of this review were scheduled for July 20, 2005, and its final
results of this review were scheduled for November 28, 2005. On July
19, 2005, the Department decided to extend time limits for its
preliminary and final results in the full sunset review of the
suspended antidumping duty investigation on ammonium nitrate from
Russia because it needed additional time for its analysis. As a result
of this extension, the Department is issuing the preliminary results of
this sunset review on or about October 18, 2005 and the final results
of this sunset review by February 27, 2006.
Analysis of Comments Received
All issues raised by parties to this sunset review are addressed in
the Issues and Decision Memorandum for the Suspended Antidumping Duty
Investigation on Ammonium Nitrate from the Russian Federation
(``Decision Memorandum'') from Ron Lorentzen, Acting Director, Office
of Policy, Import Administration, to Joseph A. Spetrini, Acting
Assistant Secretary, Import Administration, dated October 17, 2005,
which is adopted by this notice. The issues discussed in the Decision
Memorandum include the likelihood of continuation or recurrence of
dumping and the magnitude of the margins likely to prevail were the
suspended antidumping duty investigation to be terminated. Parties may
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 Department of
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 ``October 2005.'' The paper copy
and electronic version of the Decision Memorandum are identical in
content.
Preliminary Results of Review
We preliminarily determine that termination of the suspended
antidumping duty investigation on ammonium nitrate from Russia would
likely lead to a continuation or recurrence of dumping at the following
percentage weighted-average margin:
------------------------------------------------------------------------
Weighted-
Exporter/manufacturer average margin
(percent)
------------------------------------------------------------------------
JSC Azot Nevinnomyssky................................. 253.98
Russia-Wide............................................ 253.98
------------------------------------------------------------------------
Any interested party may request a hearing within 30 days of
publication of this notice in accordance with section 351.310(c) of the
Department's regulations. Interested parties may submit case briefs no
later than December 7, 2005, in accordance with section
351.309(c)(1)(i) of the Department's regulations. Rebuttal briefs,
which must be limited to issues raised in the case briefs, may be filed
not later than December 12, 2005. Any hearing, if requested, will be
held on December 14, 2005, in accordance with section 351.310(d) of the
Department's regulations. The Department will issue a notice of final
results of this sunset review, which will include the results of its
analysis of issues raised in any such comments, no later than February
27, 2006.
This sunset review and notice are in accordance with sections
751(c), 752, and 777(i)(1) of the Act.
Dated: October 17, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-5864 Filed 10-21-05; 8:45 am]
BILLING CODE 3510-DS-S
