Solid Agricultural Grade Ammonium Nitrate from Ukraine; Final Results of the Expedited Sunset Review of the Antidumping Duty Order, 70508-70509 [E6-20551]

Download as PDF 70508 Federal Register / Vol. 71, No. 233 / Tuesday, December 5, 2006 / Notices This notice is published in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act. Dated: November 28, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6–20553 Filed 12–4–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration A–570–905 Postponement of Preliminary Determination of Antidumping Duty Investigation: Certain Polyester Staple Fiber from the People’s Republic of China Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: December 5, 2006. FOR FURTHER INFORMATION CONTACT: Michael Holton or Paul Walker, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–1324 or (202) 482– 0413, respectively. SUPPLEMENTARY INFORMATION: ycherry on PROD1PC64 with NOTICES AGENCY: Postponement of Preliminary Determination On July 13, 2006, the Department of Commerce (‘‘Department’’) initiated the antidumping duty investigation of certain polyester staple fiber from the People’s Republic of China. See Initiation of Antidumping Duty Investigation: Certain Polyester Staple Fiber from the People’s Republic of China, 71 FR 41201 (July 20, 2006) (‘‘Initiation Notice’’). The Initiation Notice stated that the Department would make its preliminary determination for this antidumping duty investigation no later than 140 days after the date of issuance of the initiation (i.e., November 30, 2006). We have determined that this investigation is extraordinarily complicated within the meaning of section 733(c)(1)(B)(i) of the Tariff Act of 1930, as amended (‘‘the Act’’). On November 16, 2006, the Department notified parties to the investigation that it intended to postpone the preliminary determination for reasons provided in this notice. See Memorandum to the file, from Michael Holton, Postponement of Preliminary Determination of Antidumping Duty Investigation: Certain Polyester Staple VerDate Aug<31>2005 15:14 Dec 04, 2006 Jkt 211001 Fiber from the People’s Republic of China, dated November 16, 2006. Specifically, we find that the Department requires additional time to gather more information from all the mandatory respondents regarding market–economy inputs, affiliations, establishing the proper date of sale and the allocation methodology used to report certain factors of production. In addition, the Department also requires additional time to evaluate the separate– rate applications. Therefore, it is the Department’s decision to postpone the current preliminary determination so that all of the issues currently under investigation at this time can be addressed in the most complete manner possible. For the reasons identified above, we are postponing the preliminary determination under section 733(c)(1)(B) of the Act by fifteen days to December 15, 2006. The deadline for the final determination will continue to be 75 days after the date of the preliminary determination. This notice is issued and published pursuant to sections 733(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: November 28, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6–20566 Filed 12–4–06; 8:45 am] Billing Code: 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration A–823–810 Solid Agricultural Grade Ammonium Nitrate from Ukraine; Final Results of the Expedited Sunset Review of the Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On August 1, 2006, the Department of Commerce (‘‘Department’’) initiated a sunset review of the antidumping duty order on solid agricultural grade ammonium nitrate from Ukraine pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). On the basis of a notice of intent to participate and a complete substantive response filed on behalf of the domestic interested parties and an inadequate response from respondent interested parties, the Department conducted an expedited sunset review of the antidumping duty order pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B). AGENCY: PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 As a result of this sunset review, the Department finds that revocation of the 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: December 5, 2006. FOR FURTHER INFORMATION CONTACT: Audrey Twyman, Damian Felton, or Brandon Farlander, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–3534, (202) 482– 0133, and (202) 482–0182, respectively. SUPPLEMENTARY INFORMATION: Background On August 1, 2006, the Department initiated a sunset review of the antidumping duty order on solid agricultural grade ammonium nitrate (‘‘ammonium nitrate’’) from Ukraine pursuant to section 751(c) of the Act. See Initiation of Five-year (Sunset) Reviews, 71 FR 43443 (August 1, 2006) (‘‘Notice of Initiation’’). The Department received a notice of intent to participate from the following domestic parties: the Committee for Fair Ammonium Nitrate Trade (‘‘COFANT’’) and its individual producer members, El Dorado Chemical Company and Terra Industries, Inc. (also known as ‘‘domestic interested parties’’) within the deadline specified in 19 CFR 351.218(d)(1)(I). COFANT claims interested party status under section 771(9)(C) of the Act as domestic manufacturers of ammonium nitrate for its members. 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 also received a substantive response from respondent interested party, Open Joint Stock Company ‘‘Azot,’’ within the deadline specified in 19 CFR 351.218(d)(3)(i). On September 7, 2006, the domestic interested parties submitted a rebuttal to Azot’s substantive response. On September 20, 2006, the Department determined that the respondent interested party did not account for more than 50 percent of exports by volume of the subject merchandise, because it reported that it had no exports during the 2001–2005 sunset review period. Therefore, the Department concluded that the respondent interested party did not submit an adequate response to the Department’s Notice of Initiation. See Memorandum to Susan H. Kuhbach entitled, ‘‘Adequacy Determination in E:\FR\FM\05DEN1.SGM 05DEN1 Federal Register / Vol. 71, No. 233 / Tuesday, December 5, 2006 / Notices Antidumping Duty Sunset Review of Solid Agricultural Grade Ammonium Nitrate from Ukraine,’’ (September 20, 2006). On October 10, 2006, the domestic interested parties submitted comments supporting the Department’s adequacy determination. Pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2), the Department has conducted an expedited sunset review of this antidumping duty order. Scope of the Order The merchandise covered by this order are solid, fertilizer grade ammonium nitrate (‘‘ammonium nitrate’’ or ‘‘subject merchandise’’) 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. HTSUS subheadings are provided for convenience and customs purposes. The written description of the scope of the order is dispositive. ycherry on PROD1PC64 with NOTICES Analysis of Comments Received All issues raised in these reviews are addressed in the ‘‘Issues and Decision Memorandum for the Expedited Sunset Review of the Antidumping Duty Order on Solid Agricultural Grade Ammonium Nitrate from Ukraine; Final Results’’ (‘‘Decision Memo’’) from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, to David M. Spooner, Assistant Secretary for Import Administration (November 29, 2006), which is hereby adopted by this notice. The issues discussed in the Decision Memo include the likelihood of continuation or recurrence of dumping and the magnitude of the margins likely to prevail if the order were to be revoked. Parties can find a complete discussion of all issues raised in these reviews and the corresponding recommendations in this public memorandum which is on file in room B–099 of the main Department building. In addition, a complete version of the Decision Memo can be accessed directly on the Web at https://ia.ita.doc.gov/frn. The paper copy and electronic version of the Decision Memo are identical in content. VerDate Aug<31>2005 15:14 Dec 04, 2006 Jkt 211001 Final Results of Review The Department determines that revocation of the antidumping duty order on ammonium nitrate from Ukraine would be likely to lead to continuation or recurrence of dumping at the rates listed below: 70509 Department’’) initiated sunset reviews of the antidumping duty orders on steel concrete reinforcing bars from Moldova, the People’s Republic of China, South Korea, Indonesia, Poland, and Belarus pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). The Department has conducted expedited (120-day) sunset reviews for Producers/Exporters Margin (percent) these orders pursuant to 19 CFR J.S.C. ‘‘Concern’’ Stirol 156.29 351.218(e)(1)(ii)(C)(2). As a result of All Others rate1 ............. 156.29 these sunset reviews, the Department 1 As of February 1, 2006, Ukraine graduated finds that revocation of the antidumping to market economy status (see Final Results duty orders would be likely to lead to of Inquiry Into Ukraine’s Status as a Non-Mar- continuation or recurrence of dumping. ket Economy Country, February 24, 2006 (71 FR 9520)). As a result, the Ukraine-wide rate EFFECTIVE DATE: December 5, 2006. is now the All Others rate. See Certain Cut-to- FOR FURTHER INFORMATION CONTACT: Length Carbon Steel Plate from Romania: No- Audrey Twyman, Damian Felton, or tice of Final Results and Final Partial Rescission of Antidumping Duty Administrative Re- Brandon Farlander, AD/CVD view, 71 FR 12651 (March 15, 2005) and ac- Operations, Office 1, Import companying Issues and Decision Memo- Administration, International Trade randum at Comment 2. Administration, U.S. Department of Commerce, 14th Street & Constitution Notification regarding Administrative Avenue, NW, Washington, DC 20230; Protective Order telephone: (202) 482–3534, (202) 482– This notice also serves as the only 0133, and (202) 482–4136, respectively. reminder to parties subject to administrative protective order (‘‘APO’’) SUPPLEMENTARY INFORMATION: of their responsibility concerning the Background return or destruction of proprietary On August 1, 2006, the Department information disclosed under APO in published the notice of initiation of the accordance with 19 CFR 351.305. sunset reviews of the antidumping duty Timely notification of the return or orders on steel concrete reinforcing bars destruction of APO materials or conversion to judicial protective order is (‘‘rebar’’) from Moldova, the People’s Republic of China (‘‘PRC’’), South hereby requested. Failure to comply Korea, Indonesia, Poland, and Belarus with the regulations and terms of an pursuant to section 751(c) of the Act. APO is a violation which is subject to See Initiation of Five-year (‘‘Sunset’’) sanction. Reviews, 71 FR 43443 (August 1, 2006) We are issuing and publishing the (‘‘Notice of Initiation’’). results and notice in accordance with On August 11, 2006, the Department sections 751(c), 752(c), and 777(i)(1) of received a notice of intent to participate the Act. from the following domestic parties: the Dated: November 29, 2006. Rebar Trade Action Coalition and its Joseph A. Spetrini, individual producer members, Nucor Acting Assistant Secretary for Import Corporation, CMC Steel Group, and Administration. Gerdau Ameristeel, as well as domestic [FR Doc. E6–20551 Filed 12–4–06; 8:45 am] producers TAMCO Steel and Schnitzer Billing Code: 3510–DS–S Steel Industries, Inc. (‘‘Schnitzer’’) (collectively ‘‘domestic interested parties’’), within the deadline specified DEPARTMENT OF COMMERCE in 19 CFR 351.218(d)(1)(i). The companies claimed interested party International Trade Administration status under section 771(9)(C) of the A–822–804, A–570–860, A–560–811, A–841– Act, as manufacturers of a domestic–like 804, A–455–803, A–580–844 product in the United States. On August 31, 2006, the Department Steel Concrete Reinforcing Bars from received a complete substantive Moldova, the People’s Republic of response to the notice of initiation from China, South Korea, Indonesia, Poland, the domestic interested parties within and Belarus; Final Results of the the 30-day deadline specified in 19 CFR Expedited Sunset Reviews of the 351.218(d)(3)(i). In this response, Antidumping Duty Orders Cascade Steel Rolling Mills, Inc. (‘‘Cascade’’) was substituted for AGENCY: Import Administration, Schnitzer as a domestic interested party. International Trade Administration, Cascade is a wholly owned subsidiary of Department of Commerce. SUMMARY: On August 1, 2006, the Schnitzer. Also, Steel Dynamics, Inc. Department of Commerce (‘‘the (‘‘SDI’’) was added as a domestic PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\05DEN1.SGM 05DEN1

Agencies

[Federal Register Volume 71, Number 233 (Tuesday, December 5, 2006)]
[Notices]
[Pages 70508-70509]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-20551]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

A-823-810


Solid Agricultural Grade Ammonium Nitrate from Ukraine; Final 
Results of the Expedited Sunset Review of the Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 1, 2006, the Department of Commerce (``Department'') 
initiated a sunset review of the antidumping duty order on solid 
agricultural grade ammonium nitrate from Ukraine pursuant to section 
751(c) of the Tariff Act of 1930, as amended (``the Act''). On the 
basis of a notice of intent to participate and a complete substantive 
response filed on behalf of the domestic interested parties and an 
inadequate response from respondent interested parties, the Department 
conducted an expedited sunset review of the antidumping duty order 
pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(B). As a result of this sunset review, the Department 
finds that revocation of the 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:  December 5, 2006.

FOR FURTHER INFORMATION CONTACT: Audrey Twyman, Damian Felton, or 
Brandon Farlander, AD/CVD Operations, Office 1, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street & Constitution Avenue, NW, Washington, DC 20230; telephone: 
(202) 482-3534, (202) 482-0133, and (202) 482-0182, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 1, 2006, the Department initiated a sunset review of the 
antidumping duty order on solid agricultural grade ammonium nitrate 
(``ammonium nitrate'') from Ukraine pursuant to section 751(c) of the 
Act. See Initiation of Five-year (Sunset) Reviews, 71 FR 43443 (August 
1, 2006) (``Notice of Initiation''). The Department received a notice 
of intent to participate from the following domestic parties: the 
Committee for Fair Ammonium Nitrate Trade (``COFANT'') and its 
individual producer members, El Dorado Chemical Company and Terra 
Industries, Inc. (also known as ``domestic interested parties'') within 
the deadline specified in 19 CFR 351.218(d)(1)(I). COFANT claims 
interested party status under section 771(9)(C) of the Act as domestic 
manufacturers of ammonium nitrate for its members.
    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 also 
received a substantive response from respondent interested party, Open 
Joint Stock Company ``Azot,'' within the deadline specified in 19 CFR 
351.218(d)(3)(i). On September 7, 2006, the domestic interested parties 
submitted a rebuttal to Azot's substantive response. On September 20, 
2006, the Department determined that the respondent interested party 
did not account for more than 50 percent of exports by volume of the 
subject merchandise, because it reported that it had no exports during 
the 2001-2005 sunset review period. Therefore, the Department concluded 
that the respondent interested party did not submit an adequate 
response to the Department's Notice of Initiation. See Memorandum to 
Susan H. Kuhbach entitled, ``Adequacy Determination in

[[Page 70509]]

Antidumping Duty Sunset Review of Solid Agricultural Grade Ammonium 
Nitrate from Ukraine,'' (September 20, 2006). On October 10, 2006, the 
domestic interested parties submitted comments supporting the 
Department's adequacy determination.
    Pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2), the Department has 
conducted an expedited sunset review of this antidumping duty order.

Scope of the Order

    The merchandise covered by this order are solid, fertilizer grade 
ammonium nitrate (``ammonium nitrate'' or ``subject merchandise'') 
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. HTSUS subheadings are provided 
for convenience and customs purposes. The written description of the 
scope of the order is dispositive.

Analysis of Comments Received

    All issues raised in these reviews are addressed in the ``Issues 
and Decision Memorandum for the Expedited Sunset Review of the 
Antidumping Duty Order on Solid Agricultural Grade Ammonium Nitrate 
from Ukraine; Final Results'' (``Decision Memo'') from Stephen J. 
Claeys, Deputy Assistant Secretary for Import Administration, to David 
M. Spooner, Assistant Secretary for Import Administration (November 29, 
2006), which is hereby adopted by this notice. The issues discussed in 
the Decision Memo include the likelihood of continuation or recurrence 
of dumping and the magnitude of the margins likely to prevail if the 
order were to be revoked. Parties can find a complete discussion of all 
issues raised in these reviews and the corresponding recommendations in 
this public memorandum which is on file in room B-099 of the main 
Department building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at https://ia.ita.doc.gov/frn. The paper 
copy and electronic version of the Decision Memo are identical in 
content.

Final Results of Review

    The Department determines that revocation of the antidumping duty 
order on ammonium nitrate from Ukraine would be likely to lead to 
continuation or recurrence of dumping at the rates listed below:

------------------------------------------------------------------------
                 Producers/Exporters                   Margin (percent)
------------------------------------------------------------------------
J.S.C. ``Concern'' Stirol...........................              156.29
All Others rate\1\..................................              156.29
------------------------------------------------------------------------
\1\ As of February 1, 2006, Ukraine graduated to market economy status
  (see Final Results of Inquiry Into Ukraine's Status as a Non-Market
  Economy Country, February 24, 2006 (71 FR 9520)). As a result, the
  Ukraine-wide rate is now the All Others rate. See Certain Cut-to-
  Length Carbon Steel Plate from Romania: Notice of Final Results and
  Final Partial Rescission of Antidumping Duty Administrative Review, 71
  FR 12651 (March 15, 2005) and accompanying Issues and Decision
  Memorandum at Comment 2.

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. 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 issuing and publishing the results and notice in accordance 
with sections 751(c), 752(c), and 777(i)(1) of the Act.

    Dated: November 29, 2006.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E6-20551 Filed 12-4-06; 8:45 am]
Billing Code: 3510-DS-S

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.