Solid Urea from the Russian Federation: Final Results of Antidumping Duty Administrative Review, 51440-51441 [2010-20750]

Download as PDF 51440 Federal Register / Vol. 75, No. 161 / Friday, August 20, 2010 / Notices issue Export Trade Certificates of Review. The regulations implementing Title III are found at 15 CFR Part 325 (2010). The Office of Competition and Economic Analysis (‘‘OCEA’’) is issuing this notice pursuant to 15 CFR 325.6(b), which requires the Secretary of Commerce to publish a summary of the certification in the Federal Register. Under Section 305(a) of the Act and 15 CFR 325.11(a), any person aggrieved by the Secretary’s determination may, within 30 days of the date of this notice, bring an action in any appropriate district court of the United States to set aside the determination on the ground that the determination is erroneous. Dated: Augsut 17, 2010. Joseph E. Flynn, Director, Office of Competition and Economic Analysis. [FR Doc. 2010–20738 Filed 8–19–10; 8:45 am] BILLING CODE 3510–DR–P DEPARTMENT OF COMMERCE International Trade Administration [A–821–801] sroberts on DSKD5P82C1PROD with NOTICES Solid Urea from the Russian Federation: Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On April 15, 2010, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on solid AGENCY: 17:19 Aug 19, 2010 Verification We conducted a sales verification of EuroChem’s response concerning its constructed–export price sales on June 14, 2010, and June 15, 2010, at EuroChem Trading USA’s facility in Florida. We did not make any changes to EuroChem’s data as a result of the verification. The Department released its verification report to interested parties on June 22, 2010. Analysis of Comments Received Jkt 220001 On April 15, 2010, the Department published the Preliminary Results of the administrative review of the antidumping duty order on solid urea from the Russian Federation. See Solid Urea From the Russian Federation: Preliminary Results of Antidumping Duty Administrative Review, 75 FR 19610 (April 15, 2010) (Preliminary Results). On June 30, 2010, we received case briefs from the petitioners1 and from EuroChem. On July 12, 2010, we received rebuttal briefs from the petitioners and from EuroChem. On July 13, 2010, at the request of EuroChem, we held a public hearing. All issues raised in the case and rebuttal briefs by parties to this administrative review are addressed in the ‘‘Issues and Decision Memorandum for the Antidumping Duty Administrative Review of Solid Urea from the Russian Federation for the Period of Review July 1, 2008, through June 30, 2009’’ (Issues and Decision Memorandum) from Edward C. Yang, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration, dated concurrently with this notice, which is hereby adopted by this notice. A list of the issues which the parties have raised and to which we have responded is attached to this notice as an appendix. Parties can find a complete discussion of all issues raised and corresponding recommendations in this public memorandum, which is on file in Import Administration’s Central Records Unit, Room 1117 of the main Department building. In addition, a complete version of the Issues and Decision Memorandum is available on the Internet at http://ia.ita.doc.gov/frn/ index.html. The paper copy and electronic version of the Issues and Decision Memorandum are identical in content. Scope of the Order Description of Amended Certificate WMMA’s Export Trade Certificate of Review has been amended to: 1. Add the following new Members of the Certificate within the meaning of section 325.2(1) of the Regulations (15 CFR 325.2(1)): Precision Drive Systems LLC, Vortex Tool Company, Inc., and Williams & Hussey Machine Co., Inc; and 2. Delete the following Member from WMMA’s Certificate: CTD Machines, Inc. The effective date of the amended certificate is April 26, 2010, the date on which WMMA’s application to amend was deemed submitted. A copy of the amended certificate will be kept in the International Trade Administration’s Freedom of Information Records Inspection Facility, Room 4001, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. VerDate Mar<15>2010 urea from the Russian Federation. The solid urea subject to this review was produced and exported by MCC EuroChem (EuroChem). The period of review (POR) is July 1, 2008, through June 30, 2009. Based on our analysis of comments received, we have made changes in the margin calculation for EuroChem. Therefore, the final results are different from the preliminary results. The final weighted–average dumping margin for EuroChem is listed below in the section entitled ‘‘Final Results of the Administrative Review.’’ Changes Since The Preliminary Results The merchandise subject to the antidumping duty order is solid urea, a high–nitrogen content fertilizer which is produced by reacting ammonia with carbon dioxide. The product is currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) item number 3102.10.00.00. Previously such merchandise was classified under item number 480.3000 of the Tariff Schedules of the United States. Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the merchandise is dispositive. Based on the analysis of comments received, we have revised the appropriate date of sale for U.S. transactions from the date of sale used in the Preliminary Results. Specifically, we adopted the date of contract as the appropriate date of sale, rather than the date of shipment. See the Issues and Decision Memorandum at Comment 3 for a complete discussion of this issue. EFFECTIVE DATE: August 20, 2010. FOR FURTHER INFORMATION CONTACT: Dustin Ross or Minoo Hatten, AD/CVD Operations, Office 5, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–0747 and (202) 482–1690, respectively. SUPPLEMENTARY INFORMATION: Background 1 The Ad Hoc Committee of Domestic Nitrogen Producers and its individual urea–producing members, CF Industries, Inc., and PCS Nitrogen. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 Final Results of the Administrative Review We determine that the weighted– average margin on solid urea from the Russian Federation produced and exported by EuroChem for the period July 1, 2008, through June 30, 2009, is 21.79 percent. E:\FR\FM\20AUN1.SGM 20AUN1 Federal Register / Vol. 75, No. 161 / Friday, August 20, 2010 / Notices Assessment Rates The Department shall determine and U.S. Customs and Border Protection (CBP) shall assess antidumping duties on all appropriate entries in accordance with 19 CFR 351.212(b)(1). The Department intends to instruct CBP to assess all antidumping duties due for this review period on the single unliquidated entry. Please see the Issues and Decision Memorandum for further information. The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003. See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice). This clarification will apply to entries of subject merchandise during the POR produced by EuroChem, which it did not know were destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all–others rate if there is no rate for the intermediary(ies) involved in the transaction. For a full discussion of this clarification, see Assessment Policy Notice. The Department intends to issue assessment instructions directly to CBP 15 days after publication of these final results of review. sroberts on DSKD5P82C1PROD with NOTICES Cash–Deposit Requirements The following cash–deposit requirements will be effective upon publication 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 review, as provided by section 751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act): 1) the cash–deposit rate for EuroChem will be 21.79 percent; 2) for previously reviewed or investigated companies not listed above, the cash– deposit rate will continue to be the company–specific rate published for the most recent period; 3) if the exporter is not a firm covered in this review, a prior review, or the original less–than–fair– value (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 merchandise; 4) the cash–deposit rate for all other manufacturers or exporters will continue to be 64.93 percent, the all–others rate established in the LTFV investigation. See Urea From the Union of Soviet Socialist Republics; Final Determination of Sales at Less Than Fair Value, 52 FR 19557 (May 26, 1987). Following the break–up of the Soviet Union, the antidumping VerDate Mar<15>2010 17:19 Aug 19, 2010 Jkt 220001 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 Antidumping 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 rate established in the LTFV investigation for the Soviet Union was applied to each new independent state, including the Russian Federation. These cash–deposit requirements shall remain in effect until further notice. Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) 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 Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Notification Regarding Administrative Protective Orders This notice also serves as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO as explained in the APO itself. See 19 CFR 351.305(a)(3). Timely written notification of the destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5). Dated: August 13, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. Appendix 51441 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XY32 Mid-Atlantic Fishery Management Council (MAFMC); Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: ACTION: Notice of public meeting. The Mid-Atlantic Fishery Management Council’s Visioning Project Committee will hold a meeting to begin development of the Visioning Project. SUMMARY: The meeting will be held Thursday, September 9, 2010, from 10 a.m. to 5 p.m. DATES: The meeting will be held at the Four Points by Sheraton BWI Airport: 7032 Elm Road, Baltimore, MD 21240 (telephone: 410–859–3300). Council address: Mid-Atlantic Fishery Management Council, 800 N. State Street, Suite 201, Dover, DE 19901; telephone: (302) 674–2331. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Dr. Christopher M. Moore, Executive Director, Mid-Atlantic Fishery Management Council, 800 N. State Street, Suite 201, Dover, DE 19901; telephone: (302) 526–5255. The purpose of this meeting is to begin the development of the Council’s Visioning Project. The discussion will include the purpose and scope of the project as well as possible identification of specific project goals. The initial purpose of the project is to identify stakeholders’ views on the management approaches currently used by the Council such that the Council could then use the project’s results to develop future management actions. SUPPLEMENTARY INFORMATION: Special Accommodations The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to M. Jan Saunders at the Mid-Atlantic Council Office (302) 526–5251 at least five days prior to the meeting date. Comment 1: Presumption of Reimbursement Comment 2: CEP Offset Comment 3: Date of Sale Comment 4: Zeroing Comment 5: Assessment of Antidumping Duties Dated: August 17, 2010. William D. Chappell, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2010–20750 Filed 8–19–10; 8:45 am] [FR Doc. 2010–20748 Filed 8–19–10; 8:45 am] BILLING CODE 3510–DS–S BILLING CODE 3510–22–S PO 00000 Frm 00005 Fmt 4703 Sfmt 9990 E:\FR\FM\20AUN1.SGM 20AUN1

Agencies

[Federal Register Volume 75, Number 161 (Friday, August 20, 2010)]
[Notices]
[Pages 51440-51441]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20750]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-801]


Solid Urea from the Russian Federation: Final Results of 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On April 15, 2010, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on solid urea from the Russian Federation. The 
solid urea subject to this review was produced and exported by MCC 
EuroChem (EuroChem). The period of review (POR) is July 1, 2008, 
through June 30, 2009.
    Based on our analysis of comments received, we have made changes in 
the margin calculation for EuroChem. Therefore, the final results are 
different from the preliminary results. The final weighted-average 
dumping margin for EuroChem is listed below in the section entitled 
``Final Results of the Administrative Review.''

EFFECTIVE DATE: August 20, 2010.

FOR FURTHER INFORMATION CONTACT: Dustin Ross or Minoo Hatten, AD/CVD 
Operations, Office 5, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
0747 and (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 15, 2010, the Department published the Preliminary Results 
of the administrative review of the antidumping duty order on solid 
urea from the Russian Federation. See Solid Urea From the Russian 
Federation: Preliminary Results of Antidumping Duty Administrative 
Review, 75 FR 19610 (April 15, 2010) (Preliminary Results).
    On June 30, 2010, we received case briefs from the petitioners\1\ 
and from EuroChem. On July 12, 2010, we received rebuttal briefs from 
the petitioners and from EuroChem. On July 13, 2010, at the request of 
EuroChem, we held a public hearing.
---------------------------------------------------------------------------

    \1\ The Ad Hoc Committee of Domestic Nitrogen Producers and its 
individual urea-producing members, CF Industries, Inc., and PCS 
Nitrogen.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the antidumping duty order is solid 
urea, a high-nitrogen content fertilizer which is produced by reacting 
ammonia with carbon dioxide. The product is currently classified under 
the Harmonized Tariff Schedule of the United States (HTSUS) item number 
3102.10.00.00. Previously such merchandise was classified under item 
number 480.3000 of the Tariff Schedules of the United States. Although 
the HTSUS subheading is provided for convenience and customs purposes, 
the written description of the merchandise is dispositive.

Verification

    We conducted a sales verification of EuroChem's response concerning 
its constructed-export price sales on June 14, 2010, and June 15, 2010, 
at EuroChem Trading USA's facility in Florida. We did not make any 
changes to EuroChem's data as a result of the verification. The 
Department released its verification report to interested parties on 
June 22, 2010.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the ``Issues and Decision 
Memorandum for the Antidumping Duty Administrative Review of Solid Urea 
from the Russian Federation for the Period of Review July 1, 2008, 
through June 30, 2009'' (Issues and Decision Memorandum) from Edward C. 
Yang, Acting Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Ronald K. Lorentzen, Deputy 
Assistant Secretary for Import Administration, dated concurrently with 
this notice, which is hereby adopted by this notice. A list of the 
issues which the parties have raised and to which we have responded is 
attached to this notice as an appendix. Parties can find a complete 
discussion of all issues raised and corresponding recommendations in 
this public memorandum, which is on file in Import Administration's 
Central Records Unit, Room 1117 of the main Department building. In 
addition, a complete version of the Issues and Decision Memorandum is 
available on the Internet at http://ia.ita.doc.gov/frn/index.html. The 
paper copy and electronic version of the Issues and Decision Memorandum 
are identical in content.

Changes Since The Preliminary Results

    Based on the analysis of comments received, we have revised the 
appropriate date of sale for U.S. transactions from the date of sale 
used in the Preliminary Results. Specifically, we adopted the date of 
contract as the appropriate date of sale, rather than the date of 
shipment. See the Issues and Decision Memorandum at Comment 3 for a 
complete discussion of this issue.

Final Results of the Administrative Review

    We determine that the weighted-average margin on solid urea from 
the Russian Federation produced and exported by EuroChem for the period 
July 1, 2008, through June 30, 2009, is 21.79 percent.

[[Page 51441]]

Assessment Rates

    The Department shall determine and U.S. Customs and Border 
Protection (CBP) shall assess antidumping duties on all appropriate 
entries in accordance with 19 CFR 351.212(b)(1). The Department intends 
to instruct CBP to assess all antidumping duties due for this review 
period on the single unliquidated entry. Please see the Issues and 
Decision Memorandum for further information.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment 
Policy Notice). This clarification will apply to entries of subject 
merchandise during the POR produced by EuroChem, which it did not know 
were destined for the United States. In such instances, we will 
instruct CBP to liquidate unreviewed entries at the all-others rate if 
there is no rate for the intermediary(ies) involved in the transaction. 
For a full discussion of this clarification, see Assessment Policy 
Notice.
    The Department intends to issue assessment instructions directly to 
CBP 15 days after publication of these final results of review.

Cash-Deposit Requirements

    The following cash-deposit requirements will be effective upon 
publication 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 review, as provided by section 
751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act): 1) the 
cash-deposit rate for EuroChem will be 21.79 percent; 2) for previously 
reviewed or investigated companies not listed above, the cash-deposit 
rate will continue to be the company-specific rate published for the 
most recent period; 3) if the exporter is not a firm covered in this 
review, a prior review, or the original less-than-fair-value (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 merchandise; 4) the cash-deposit rate for all other manufacturers 
or exporters will continue to be 64.93 percent, the all-others rate 
established in the LTFV investigation. See Urea From the Union of 
Soviet Socialist Republics; Final Determination of Sales at Less Than 
Fair Value, 52 FR 19557 (May 26, 1987). 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 Antidumping 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 rate established in the LTFV investigation for the 
Soviet Union was applied to each new independent state, including the 
Russian Federation. These cash-deposit requirements shall remain in 
effect until further notice.

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) 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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO as explained in the APO itself. See 19 CFR 351.305(a)(3). Timely 
written notification of the destruction of APO materials or conversion 
to judicial protective order is hereby requested. Failure to comply 
with the regulations and the terms of an APO is a sanctionable 
violation.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: August 13, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix

    Comment 1: Presumption of Reimbursement
    Comment 2: CEP Offset
    Comment 3: Date of Sale
    Comment 4: Zeroing
    Comment 5: Assessment of Antidumping Duties
[FR Doc. 2010-20750 Filed 8-19-10; 8:45 am]
BILLING CODE 3510-DS-S