Solid Urea from Russia: Notice of Initiation of Antidumping Duty New-Shipper Review, 9930-9931 [E7-3896]

Download as PDF 9930 Federal Register / Vol. 72, No. 43 / Tuesday, March 6, 2007 / Notices Constructed Export Price Sales: • Generally, a U.S. sale is classified as a constructed export price sale when the first sale to an unaffiliated person occurs after importation. However, if the first sale to the unaffiliated person is made by a person in the United States affiliated with the foreign exporter, constructed export price applies even if the sale occurs prior to importation. • Please include any sales exported by your company directly to the United States. • Please include any sales exported by your company to a third-country market economy reseller where you had knowledge that the merchandise was destined to be resold to the United States. • If you are a producer of subject merchandise, please include any sales manufactured by your company that were subsequently exported by an affiliated exporter to the United States. • Please do not include any sales of merchandise manufactured in Hong Kong in your figures. Further Manufactured: • Further manufacture or assembly costs include amounts incurred for direct materials, labor and overhead, plus amounts for general and administrative expense, interest expense, and additional packing expense incurred in the country of further manufacture, as well as all costs involved in moving the product from the U.S. port of entry to the further manufacturer. [FR Doc. E7–3890 Filed 3–5–07; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–821–801] Solid Urea from Russia: Notice of Initiation of Antidumping Duty New– Shipper Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: March 6, 2007. SUMMARY: On January 25, 2007, the Department of Commerce received a request to conduct a new–shipper review of the antidumping duty order on solid urea from Russia. In accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended, and 19 CFR 351.214(d) (2005), we are initiating an antidumping duty new–shipper review. FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Minoo Hatten at (202) 482–0410 and (202) 482–1690, respectively, Office 5, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: cprice-sewell on PROD1PC67 with NOTICES AGENCY: VerDate Aug<31>2005 15:35 Mar 05, 2007 Jkt 211001 Background On May 26, 1987, the Department of Commerce (the Department) published its final determination in the investigation of solid urea from the Union of Soviet Socialist Republics (Soviet Union), finding dumping margins of 68.26 percent for Soyuzpromexport, 53.23 percent for Phillip Brothers, and 68.26 as the country–wide rate (52 FR 19557). On July 14, 1987, following an affirmative injury determination by the International Trade Commission, the Department issued an antidumping duty order on solid urea from the Soviet Union. Following the break–up of the Soviet Union, the antidumping duty order on solid urea from the Soviet Union was transferred to the individual members of the Commonwealth of Independent States. See Solid Urea from the Union of Soviet Socialist Republics; Transfer of the AD Order on Solid Urea from the Union of Soviet Socialist Republics to the Commonwealth of Independent States and the Baltic States and Opportunity to Comment, 57 FR 28828 (June 29, 1992). The rates established in the most recently completed administrative review for the Soviet Union (which, because there were no shipments of urea during the review period, remained the same as those found in the investigation) were applied to each new independent state, including Russia. On September 3, 1999, the Department published the final results of the first sunset review of solid urea from Russia finding likelihood of continued or recurring dumping at the rates established in the original investigation. See Final Results of Expedited Sunset Reviews: Solid Urea from Armenia, Belarus, Estonia, Lithuania, Russia, Ukraine, Tajikistan, Turkmenistan, and Uzbekistan, 64 FR 48357 (September 3, 1999). On January 5, 2006, the Department published the final results of the second sunset review of solid urea from Russia finding likelihood of continued or recurring dumping at the rates established in the original investigation. See Notice of Continuation of Antidumping Duty Orders: Solid Urea from the Russian Federation and Ukraine, 71 FR 581 (January 5, 2006). There have been no administrative reviews since the issuance of the antidumping duty order. On January 25, 2007, the Department received a timely request for a new– shipper review of the antidumping duty order on solid urea from Russia from MCC EuroChem (EuroChem). On January 31, 2007, EuroChem submitted additional certifications to supplement its request for a new–shipper review in PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 response to our telephone call of the same. See memorandum to file dated January 31, 2007. EuroChem certified that it is both the producer and exporter of the subject merchandise upon which the request for a new–shipper review is based. Pursuant to section 751(a)(2)(B)(i)(I) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(b)(2)(i), EuroChem certified that it did not export solid urea to the United States during the period of investigation (POI). In addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), EuroChem certified that, since the initiation of the investigation, it has never been affiliated with any Russian exporter or producer who exported solid urea to the United States during the POI, including those not individually examined during the investigation. In addition to the certifications described above, pursuant to 19 CFR 351.214(b)(2)(iv), EuroChem submitted documentation establishing the date on which EuroChem first shipped solid urea for export to the United States and the date on which the solid urea was first entered, or withdrawn from warehouse, for consumption, the volume of its first shipment, and the date of its first sale to an unaffiliated customer in the United States. The Department conducted a query of the U.S. Customs and Border Protection (CBP) database to confirm that EuroChem’s shipment of subject merchandise had entered the United States for consumption and had been suspended for antidumping duties. The Department also corroborated EuroChem’s assertion that it made no subsequent shipments to the United States by reviewing CBP data. On February 16, 2007, the Ad Hoc Committee of Domestic Nitrogen Producers (the petitioner) submitted a letter arguing that the respondent was not eligible for a new–shipper review because the producer of the subject merchandise to be reviewed, OJSC Nevinnomysskiy Azot (Nevinka), was affiliated with the exporter and producers during the POI. The petitioner also argued that the request was incomplete because EuroChem did not also file a certification from Nevinka certifying that it never shipped subject merchandise to the United States during the POI. Initiation of Review Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(d)(1), the Department finds that EuroChem’s request meets the threshold requirements for initiation of a new– E:\FR\FM\06MRN1.SGM 06MRN1 cprice-sewell on PROD1PC67 with NOTICES Federal Register / Vol. 72, No. 43 / Tuesday, March 6, 2007 / Notices shipper review for the shipment of solid urea from Russia it produced and exported. See Memorandum to the File from Thomas Schauer, Senior Analyst, through Laurie Parkhill, Director, Office 5: New–Shipper Review Initiation Checklist, dated February 26, 2007. Also, please refer to this memorandum for our response to the arguments the petitioner raised in its February 16, 2007, letter. As we stated in that memorandum, we intend to examine these arguments in greater detail during the course of the review and, if we determine that the producer of the subject merchandise subject to the review was indeed an affiliate of the exporter or producers in the original investigation, we may rescind the new– shipper review as provided in section 751(a)(2)(B) of the Act and 19 CFR 351.214. The period of review for this new– shipper review is July 1, 2006, through December 31, 2006. See 19 CFR 351.214(g)(1)(ii)(A). The Department intends to issue the preliminary results of this review no later than 180 days from the date of initiation and final results of this review no later than 270 days from the date of initiation. See section 751(a)(2)(B)(iv) of the Act. On August 17, 2006, the Pension Protection Act of 2006 (H.R. 4) was signed into law. Section 1632 of H.R. 4 temporarily suspends the authority of the Department to instruct U.S. Customs and Border Protection to collect a bond or other security in lieu of a cash deposit in new–shipper reviews. Therefore, the posting of a bond under section 751(a)(2)(B)(iii) of the Act in lieu of a cash deposit is not available in this case. Importers of subject merchandise manufactured and exported by EuroChem must continue to pay a cash deposit of estimated antidumping duties on each entry of subject merchandise at the current all–others rate of 68.26 percent. Interested parties requiring access to proprietary information in this new– shipper review should submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 351.306. This initiation and notice are published in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i). SUMMARY: Pursuant to the Federal Advisory Committee Act, 5 U.S.C. app. 2, notice is hereby given that the Manufacturing Extension Partnership National Advisory Board (MEPNAB), National Institute of Standards and Technology (NIST), will meet Wednesday, March 21, 2007, from 9 a.m. to 4:30 p.m. The MEPNAB is composed of six members appointed by the Director of NIST who were selected for their expertise in the area of industrial extension and their work on behalf of smaller manufacturers. The Board was established to fill a need for outside input on MEP. MEP is a unique program consisting of centers across the United States and Puerto Rico, with partnerships at the State, Federal, and local levels. The Board works closely with MEP to provide input and advice on MEP’s programs, plans, and policies. The purpose of this meeting is to provide the board with the latest program developments including NIST Update, MEP Overview, presentations on MEP Partnerships and Program Evaluation. The agenda may change to accommodate Board business. DATES: The meeting will convene March 21, 2007 at 9 a.m. and will adjourn at 4:30 p.m. on March 21, 2007. ADDRESSES: The meeting will be held at the Atrium Court Hotel, 3 Research Court, Rockville, Maryland 20850. Anyone wishing to attend this meeting should contact NIST MEP by March 14, 2007. Please submit your name, time of arrival, e-mail address and phone number to Susan Hayduk no later than Monday, March 19, 2007. Ms. Hayduk’s e-mail address is susan.hayduk@nist.gov and her phone number is (301) 975–5614. FOR FURTHER INFORMATION CONTACT: Karen Lellock, Manufacturing Extension Partnership, National Institute of Standards and Technology, Gaithersburg, Maryland 20899–4800, telephone number (301) 975–4269. Dated: February 27, 2007. David M. Spooner, Assistant Secretaryfor Import Administration. [FR Doc. E7–3896 Filed 3–5–07; 8:45 am] Dated: March 1, 2007. James E. Hill, Acting Deputy Director. [FR Doc. E7–3874 Filed 3–5–07; 8:45 am] BILLING CODE 3510–DS–S BILLING CODE 3510–13–P VerDate Aug<31>2005 15:35 Mar 05, 2007 Jkt 211001 9931 DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE National Institute of Standards and Technology National Oceanic and Atmospheric Administration Manufacturing Extension Partnership National Advisory Board [I.D. 030107D] National Institute of Standards and Technology, Department of Commerce. ACTION: Notice of Public Meeting. AGENCY: PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 Fisheries of the Gulf of Mexico; Fisheries of the South Atlantic; Southeastern Data, Assessment, and Review (SEDAR); Gulf of Mexico gag grouper; South Atlantic gag grouper; Gulf of Mexico red grouper; Public Meetings. National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of SEDAR Workshops for Gulf of Mexico and South Atlantic gag grouper and Gulf of Mexico red grouper. AGENCY: SUMMARY: The SEDAR assessments of the Gulf of Mexico stock of gag grouper, the South Atlantic stock of gag grouper, and the Gulf of Mexico stock of red grouper will receive additional scientific scrutiny through a supplemental SEDAR Review Workshop and Evaluation Workshop. DATES: The Evaluation Workshop will take place March 19 - 22, 2007. The Review Workshop will take place May 8 - 10, 2007. See SUPPLEMENTARY INFORMATION for specific dates and times. ADDRESSES: The Evaluation Workshop will be held at the Southeast Fisheries Science Center, Miami Laboratory, 75 Virginia Beach Drive, Miami, FL 33149. The Review Workshop will be held in the Tampa, FL area at a location to be provided in a later notice. FOR FURTHER INFORMATION CONTACT: John Carmichael, SEDAR Coordinator, 4055 Faber Place, Suite 201, North Charleston, SC 29405; telephone: (843) 571–4366. SUPPLEMENTARY INFORMATION: The Gulf of Mexico, South Atlantic, and Caribbean Fishery Management Councils, in conjunction with NOAA Fisheries and the Atlantic and Gulf States Marine Fisheries Commissions have implemented the SEDAR process, a multi-step method for determining the status of fish stocks in the Southeast Region. SEDAR assessments are developed through an open workshop process that involves a variety of participants. Participants for SEDAR Workshops, appointed by the regional Fishery Management Councils, the Southeast Regional Office (SERO), and the Southeast Fishery Science Center (SEFSC), include data collectors and database managers; stock assessment scientists, biologists, and researchers; E:\FR\FM\06MRN1.SGM 06MRN1

Agencies

[Federal Register Volume 72, Number 43 (Tuesday, March 6, 2007)]
[Notices]
[Pages 9930-9931]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-3896]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-801]


Solid Urea from Russia: Notice of Initiation of Antidumping Duty 
New-Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: March 6, 2007.
SUMMARY: On January 25, 2007, the Department of Commerce received a 
request to conduct a new-shipper review of the antidumping duty order 
on solid urea from Russia. In accordance with section 751(a)(2)(B) of 
the Tariff Act of 1930, as amended, and 19 CFR 351.214(d) (2005), we 
are initiating an antidumping duty new-shipper review.

FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Minoo Hatten at 
(202) 482-0410 and (202) 482-1690, respectively, Office 5, AD/CVD 
Operations, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On May 26, 1987, the Department of Commerce (the Department) 
published its final determination in the investigation of solid urea 
from the Union of Soviet Socialist Republics (Soviet Union), finding 
dumping margins of 68.26 percent for Soyuzpromexport, 53.23 percent for 
Phillip Brothers, and 68.26 as the country-wide rate (52 FR 19557). On 
July 14, 1987, following an affirmative injury determination by the 
International Trade Commission, the Department issued an antidumping 
duty order on solid urea from the Soviet Union. Following the break-up 
of the Soviet Union, the antidumping duty order on solid urea from the 
Soviet Union was transferred to the individual members of the 
Commonwealth of Independent States. See Solid Urea from the Union of 
Soviet Socialist Republics; Transfer of the AD Order on Solid Urea from 
the Union of Soviet Socialist Republics to the Commonwealth of 
Independent States and the Baltic States and Opportunity to Comment, 57 
FR 28828 (June 29, 1992). The rates established in the most recently 
completed administrative review for the Soviet Union (which, because 
there were no shipments of urea during the review period, remained the 
same as those found in the investigation) were applied to each new 
independent state, including Russia. On September 3, 1999, the 
Department published the final results of the first sunset review of 
solid urea from Russia finding likelihood of continued or recurring 
dumping at the rates established in the original investigation. See 
Final Results of Expedited Sunset Reviews: Solid Urea from Armenia, 
Belarus, Estonia, Lithuania, Russia, Ukraine, Tajikistan, Turkmenistan, 
and Uzbekistan, 64 FR 48357 (September 3, 1999). On January 5, 2006, 
the Department published the final results of the second sunset review 
of solid urea from Russia finding likelihood of continued or recurring 
dumping at the rates established in the original investigation. See 
Notice of Continuation of Antidumping Duty Orders: Solid Urea from the 
Russian Federation and Ukraine, 71 FR 581 (January 5, 2006). There have 
been no administrative reviews since the issuance of the antidumping 
duty order.
    On January 25, 2007, the Department received a timely request for a 
new-shipper review of the antidumping duty order on solid urea from 
Russia from MCC EuroChem (EuroChem). On January 31, 2007, EuroChem 
submitted additional certifications to supplement its request for a 
new-shipper review in response to our telephone call of the same. See 
memorandum to file dated January 31, 2007. EuroChem certified that it 
is both the producer and exporter of the subject merchandise upon which 
the request for a new-shipper review is based.
    Pursuant to section 751(a)(2)(B)(i)(I) of the Tariff Act of 1930, 
as amended (the Act), and 19 CFR 351.214(b)(2)(i), EuroChem certified 
that it did not export solid urea to the United States during the 
period of investigation (POI). In addition, pursuant to section 
751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), 
EuroChem certified that, since the initiation of the investigation, it 
has never been affiliated with any Russian exporter or producer who 
exported solid urea to the United States during the POI, including 
those not individually examined during the investigation.
    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), EuroChem submitted documentation establishing 
the date on which EuroChem first shipped solid urea for export to the 
United States and the date on which the solid urea was first entered, 
or withdrawn from warehouse, for consumption, the volume of its first 
shipment, and the date of its first sale to an unaffiliated customer in 
the United States.
    The Department conducted a query of the U.S. Customs and Border 
Protection (CBP) database to confirm that EuroChem's shipment of 
subject merchandise had entered the United States for consumption and 
had been suspended for antidumping duties. The Department also 
corroborated EuroChem's assertion that it made no subsequent shipments 
to the United States by reviewing CBP data.
    On February 16, 2007, the Ad Hoc Committee of Domestic Nitrogen 
Producers (the petitioner) submitted a letter arguing that the 
respondent was not eligible for a new-shipper review because the 
producer of the subject merchandise to be reviewed, OJSC Nevinnomysskiy 
Azot (Nevinka), was affiliated with the exporter and producers during 
the POI. The petitioner also argued that the request was incomplete 
because EuroChem did not also file a certification from Nevinka 
certifying that it never shipped subject merchandise to the United 
States during the POI.

Initiation of Review

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 
351.214(d)(1), the Department finds that EuroChem's request meets the 
threshold requirements for initiation of a new-

[[Page 9931]]

shipper review for the shipment of solid urea from Russia it produced 
and exported. See Memorandum to the File from Thomas Schauer, Senior 
Analyst, through Laurie Parkhill, Director, Office 5: New-Shipper 
Review Initiation Checklist, dated February 26, 2007. Also, please 
refer to this memorandum for our response to the arguments the 
petitioner raised in its February 16, 2007, letter. As we stated in 
that memorandum, we intend to examine these arguments in greater detail 
during the course of the review and, if we determine that the producer 
of the subject merchandise subject to the review was indeed an 
affiliate of the exporter or producers in the original investigation, 
we may rescind the new-shipper review as provided in section 
751(a)(2)(B) of the Act and 19 CFR 351.214.
    The period of review for this new-shipper review is July 1, 2006, 
through December 31, 2006. See 19 CFR 351.214(g)(1)(ii)(A). The 
Department intends to issue the preliminary results of this review no 
later than 180 days from the date of initiation and final results of 
this review no later than 270 days from the date of initiation. See 
section 751(a)(2)(B)(iv) of the Act.
    On August 17, 2006, the Pension Protection Act of 2006 (H.R. 4) was 
signed into law. Section 1632 of H.R. 4 temporarily suspends the 
authority of the Department to instruct U.S. Customs and Border 
Protection to collect a bond or other security in lieu of a cash 
deposit in new-shipper reviews. Therefore, the posting of a bond under 
section 751(a)(2)(B)(iii) of the Act in lieu of a cash deposit is not 
available in this case. Importers of subject merchandise manufactured 
and exported by EuroChem must continue to pay a cash deposit of 
estimated antidumping duties on each entry of subject merchandise at 
the current all-others rate of 68.26 percent.
    Interested parties requiring access to proprietary information in 
this new-shipper review should submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305 and 
351.306.
    This initiation and notice are published in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: February 27, 2007.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E7-3896 Filed 3-5-07; 8:45 am]
BILLING CODE 3510-DS-S