Solid Fertilizer Grade Ammonium Nitrate From the Russian Federation; Final Results of the Expedited Sunset Review of Antidumping Duty Order, 39847-39849 [2011-17072]

Download as PDF Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Notices business information will be deemed to be nonconfidential. An original and five (5) copies, plus two (2) copies of the nonconfidential version, should be submitted no later than 20 days after the date of this notice to: Export Trading Company Affairs, International Trade Administration, U.S. Department of Commerce, Room 7021–X, Washington, DC 20230. Information submitted by any person is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552). However, nonconfidential versions of the comments will be made available to the applicant if necessary for determining whether or not to issue the Certificate. Comments should refer to this application as ‘‘Export Trade Certificate of Review, application number 10–1A001.’’ The Alaska Longline Cod Commission’s (‘‘ALCC’’) original Certificate was issued on May 13, 2010 (75 FR 29514, May 26, 2010). A summary of the current application for an amendment follows. Summary of the Application Applicant: Alaska Longline Cod Commission (‘‘ALCC’’), 271 Wyatt Way NE, Suite 106, Bainbridge Island, WA 98110. Contact: Duncan R. McIntosh, Attorney, Telephone: (206) 624–5950. Application No.: 10–1A001. Date Deemed Submitted: June 23, 2011. Proposed Amendment: ALCC seeks to amend its Certificate to: 1. Add the following companies as new Members of the Certificate within the meaning of section 325.2(l) of the Regulations (15 CFR 325.2(l)): Gulf Mist, Inc. (Everett, WA), Shelford’s Boat, Ltd. (Mill Creek, WA), and Alaska Corporation (Anchorage, AK). 2. Delete the following company as a Member of WMMA’s Certificate: Glacier Bay Fisheries LLC (Seattle, WA). Dated: July 1, 2011. Joseph E. Flynn, Director, Office of Competition and Economic Analysis. sroberts on DSK5SPTVN1PROD with NOTICES [FR Doc. 2011–17083 Filed 7–6–11; 8:45 am] BILLING CODE 3510–DR–P DEPARTMENT OF COMMERCE International Trade Administration [A–821–811] Solid Fertilizer Grade Ammonium Nitrate From the Russian Federation; Final Results of the Expedited Sunset Review of Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On March 1, 2011, the Department of Commerce (‘‘the Department’’) initiated a second sunset review of the suspended antidumping duty investigation on solid fertilizer grade ammonium nitrate (‘‘ammonium nitrate’’) from the Russian Federation (‘‘Russia’’).1 Effective May 2, 2011, the Department terminated the agreement suspending the antidumping duty investigation and issued an antidumping duty order on ammonium nitrate from Russia. On the basis of the notice of intent to participate, an adequate substantive response submitted on behalf of the domestic interested parties, and no participation 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 Tariff Act of 1930, as amended (‘‘Act’’) and 19 CFR 351.218(e)(1)(ii)(C). As a result of this sunset review, the Department determined that termination of the antidumping duty order would be likely to lead to continuation or recurrence of dumping at the levels listed below in the section entitled ‘‘Final Results of Review.’’ DATES: Effective Date: July 7, 2011. FOR FURTHER INFORMATION CONTACT: Julie H. Santoboni or Judith Wey Rudman, Office of Policy, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC, 20230; telephone: 202– 482–3063 or 202–482–0192, respectively. AGENCY: SUPPLEMENTARY INFORMATION: History of the Suspension Agreement and Order On August 12, 1999, the Department initiated an antidumping duty investigation on ammonium nitrate from Russia under section 732 of the Act. See Initiation of Antidumping Duty Investigation: Solid Fertilizer Grade Ammonium Nitrate From the Russian Federation, 64 FR 45236 (August 19, 1 See Initiation of Five-Year (‘‘Sunset’’) Review, 76 FR 11202 (March 1, 2011) (‘‘Notice of Initiation’’). VerDate Mar<15>2010 16:26 Jul 06, 2011 Jkt 223001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 39847 1999). On January 7, 2000, the Department preliminarily determined that ammonium nitrate from Russia was being, or was 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’’) (the predecessor to the current Ministry of Economic Development (‘‘MED’’)) accounting for substantially all imports of ammonium nitrate from Russia, wherein the MOT agreed to restrict exports of ammonium nitrate from all Russian producers/exporters to the United States and to ensure that such exports were 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 than 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 JSC Nevinnomyssky Azot, a respondent company in the investigation, and for the Russia-wide entity. On March 31 and April 1, 2005, respectively, the International Trade Commission (‘‘ITC’’) instituted, and the Department initiated, a five-year sunset review of the suspended antidumping investigation on ammonium nitrate from Russia. The Department concluded that termination of the suspended antidumping investigation would be likely to lead to continuation or recurrence of dumping and the ITC concluded that termination of the suspended investigation would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. See Final Results of Five-year Sunset Review of Suspended Antidumping Duty Investigation on E:\FR\FM\07JYN1.SGM 07JYN1 39848 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Notices sroberts on DSK5SPTVN1PROD with NOTICES Ammonium Nitrate from the Russian Federation 71 FR 11177 (March 6, 2006) and Ammonium Nitrate From Russia, Investigation No. 731–TA–856 (Review), 71 FR 16177 (March 30, 2006), respectively. On March 1, 2011, the Department initiated and the ITC instituted a second sunset review of the ammonium nitrate suspended investigation. See Notice of Initiation and Ammonium Nitrate from Russia, Investigation No. 731–TA–856 (Second Review), 76 FR 11273 (March 1, 2011). On March 3, 2011, the Department received a letter from the MED dated February 22, 2011, that had been sent to the United States Embassy in Moscow for transmittal to the Department concerning the Suspension Agreement. In that letter, the MED stated that it was withdrawing from the Suspension Agreement, effective 60 days after notice of termination. Effective May 2, 2011, the Department terminated the suspension agreement and issued an antidumping duty order. See Termination of the Suspension Agreement on Solid Fertilizer Grade Ammonium Nitrate From the Russian Federation and Notice of Antidumping Duty Order, 76 FR 23569 (April 27, 2011). Background Section 351.218(d)(1)(i) of the Department’s regulations provides domestic interested parties the opportunity to file a notice of intent to participate in a sunset review within 15 days of initiation of review. The Department received a notice of intent to participate within the applicable deadline specified in 19 CFR 351.218(d)(1)(i) from COFANT (‘‘the domestic interested party’’). The domestic interested party claims interested-party status as a coalition of producers of subject merchandise in the United States as defined by section 771(9)(C) of the Act. In addition, the domestic interested party asserts that its members are not related to a foreign producer/exporter and are not importers of the subject merchandise. CF Industries, one of the members of COFANT, holds a 50 percent interest in Keytrade AG, a global fertilizer trader. The domestic interested party asserts that Keytrade AG does not sell Russian ammonium nitrate to the United States, nor does CF Industries own a controlling interest in Keytrade AG, within the meaning of section 771(4)(B) of the Act. The Department’s regulations at 19 CFR 351.218(d)(3)(i) state that all interested parties participating in a sunset review must submit a complete VerDate Mar<15>2010 16:26 Jul 06, 2011 Jkt 223001 substantive response within 30 days of initiation of the sunset review. On March 31, 2011, the Department received a complete substantive response from the domestic interested party within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).2 After examining the substantive response from the domestic interested party, on April 12, 2011, the Department determined that the response was adequate, consistent with the requirements of 19 CFR 351.218(e). See Memorandum from Julie H. Santoboni, Senior Policy Analyst, Office of Policy, Import Administration to Judith Wey Rudman, Director for Bilateral Agreements, Office of Policy, Import Administration, regarding ‘‘Second Sunset Review of the Suspended Investigation of Ammonium Nitrate from the Russian Federation: Adequacy Determination’’ (April 12, 2011). See also Letter from James Maeder, Director, Office 2, AD/CVD Operations, Import Administration, to Ms. Catherine DeFilippo, Director, Office of Investigations, International Trade Commission (April 18, 2011). The Department did not receive any substantive responses from respondent interested parties to this proceeding. On May 10, 2011, COFANT filed a letter on the record of this proceeding, asserting that an expedited review is warranted and supported by the statute, the Statement of Administrative Action, and the Department’s regulations. Pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted an expedited (120-day), sunset review of the antidumping duty order. Scope of the Order The products covered by the order 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 the order 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 2 The substantive response was filed prior to the termination of the suspension agreement and thus references the suspension agreement, rather than the order. PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 convenience and customs purposes, the written description of the merchandise within the scope of the order is dispositive. Analysis of Comments Received All issues raised in this sunset review are addressed in the ‘‘Issues and Decision Memorandum for the Final Results of the Expedited Sunset Review of the Antidumping Duty Order on Solid Fertilizer Grade Ammonium Nitrate from the Russian Federation’’ from Paul Piquado, Deputy Assistant Secretary for Policy and Negotiations, Import Administration, to Ronald Lorentzen, Deputy Assistant Secretary for Import Administration, dated June 29, 2011 (‘‘Decision Memo’’), which is hereby adopted by this notice. The issues discussed in the Decision Memo include both the likely effects of termination of the suspension agreement and underlying investigation and the magnitude of the margin likely to prevail if the suspended investigation were terminated. Parties can find a complete discussion of all issues raised in this sunset review and the corresponding recommendations in this public memo, which is on file in room 7046 of the main Commerce Building. In addition, a complete version of the Decision Memo can be accessed directly on the Web at http://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 termination of the antidumping duty order on ammonium nitrate from Russia would be likely to lead to continuation or recurrence of dumping at the following weighted-average margins: Manufacturers/producers/exporters Weightedaverage margin (percent) JSC Nevinnomyssky Azot .......... Russia-Wide Rate ....................... 253.98 253.98 This notice also serves as the only reminder to parties subject to administrative protective orders (‘‘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 requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. E:\FR\FM\07JYN1.SGM 07JYN1 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Notices 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: June 29, 2011. Paul Piquado, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–17072 Filed 7–6–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–427–602; A–475–601; A–588–704] Brass Sheet and Strip From France, Italy, and Japan: Final Results of the Expedited Third Sunset Reviews of the Antidumping Duty Orders Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: July 7, 2011. SUMMARY: On March 1, 2011, the Department of Commerce (‘‘Department’’) published in the Federal Register the notice of initiation of the third Sunset review of the antidumping duty orders on brass sheet and strip from France, Italy, and Japan, pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). The Department has conducted expedited Sunset reviews of these orders pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of the Sunset reviews, the Department finds that revocation of the antidumping duty orders would be likely to lead to continuation or recurrence of dumping at the margins identified in the ‘‘Final Results of Review’’ section of this notice. FOR FURTHER INFORMATION CONTACT: Mahnaz Khan or Yasmin Nair, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482–0914 and (202) 482–3813, respectively. SUPPLEMENTARY INFORMATION: sroberts on DSK5SPTVN1PROD with NOTICES AGENCY: Background The antidumping duty orders on brass sheet and strip from France and Italy were published in the Federal Register on March 6, 1987. See Antidumping Duty Order: Brass Sheet and Strip From France, 52 FR 6995 (March 6, 1987); Antidumping Duty Order: Brass Sheet and Strip From Italy, 52 FR 6997 (March 6, 1987), amended at Amendment to VerDate Mar<15>2010 16:26 Jul 06, 2011 Jkt 223001 Final Determination of Sales at Less Than Fair Value and Amendment of Antidumping Duty Order in Accordance with Decision Upon Remand: Brass Sheet and Strip from Italy, 56 FR 23272 (May 21, 1991). On August 12, 1988, the Department issued an antidumping duty order on imports of brass sheet and strip from Japan. See Antidumping Duty Order of Sales at Less Than Fair Value; Brass Sheet and Strip From Japan, 53 FR 30454 (August 12, 1988). On March 1, 2011, the Department initiated the third Sunset reviews of these orders, pursuant to section 751(c) of the Act. See Initiation of Five-Year (‘‘Sunset’’) Review, 76 FR 11202 (March 1, 2011). The Department received a notice of intent to participate from domestic interested parties GBC Metals, LLC of Global Brass and Copper, Inc., doing business as Olin Brass; Heyco Metals, Inc.; Luvata North America, Inc. (previously Outokumpu American Brass); PMX Industries, Inc.; Revere Copper Products, Inc.; International Association of Machinists and Aerospace Workers; United Auto Workers (Local 2367 and Local 1024); and United Steelworkers AFL–CIO CLC (collectively, ‘‘Petitioners’’), within the deadline specified in 19 CFR 351.218(d)(1)(i). Petitioners claimed interested party status under section 771(9)(C) of the Act as a manufacturer, producer, or wholesaler in the United States of a domestic like product, or under 771(9)(D) of the Act as a certified union or recognized union or group of workers representative of an industry engaged in the manufacture, production, or wholesale in the United States of a domestic like product. On March 31, 2011, the Department received a substantive response from Petitioners. In addition to meeting the other requirements of 19 CFR 351.218(d)(3), Petitioners provided information on the volume and value of exports of brass sheet and strip from France, Italy, and Japan. On May 5, 2011, the Department received Petitioners’ comments regarding the adequacy of responses and the appropriateness of an expedited review. The Department received no responses from respondent interested parties to these proceedings. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted expedited (120day) Sunset reviews of the antidumping duty orders on brass sheet and strip from France, Italy, and Japan. Scope of the Orders The product covered by the orders is brass sheet and strip, other than leaded and tinned brass sheet and strip, from PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 39849 France, Italy, and Japan. The chemical composition of the covered product is currently defined in the Copper Development Association (‘‘C.D.A.’’) 200 Series or the Unified Numbering System (‘‘U.N.S.’’) C2000. The orders do not cover products the chemical compositions of which are defined by other C.D.A. or U.N.S. series. In physical dimensions, the product covered by the orders has a solid rectangular cross section over 0.006 inches (0.15 millimeters) through 0.188 inches (4.8 millimeters) in finished thickness or gauge, regardless of width. Coiled, wound-on-reels (traverse wound), and cut-to-length products are included. The merchandise is currently classified under Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) item numbers 7409.21.00 and 7409.29.00. Although the HTSUS item numbers are provided for convenience and customs purposes, the written description of the scope of the orders remains dispositive. Analysis of Comments Received All issues raised in this review are addressed in the Issues and Decision Memorandum (‘‘Decision Memorandum’’) from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Acting Deputy Assistant Secretary for Import Administration, dated June 29, 2011, which is hereby 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 if the orders were 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 the Central Records Unit in room 7046 of the main Commerce building. In addition, a complete version of the Decision Memorandum can be accessed directly on the Internet at http:// ia.ita.doc.gov/frn. The paper copy and electronic version of the Decision Memorandum are identical in content. Final Results of Review Pursuant to sections 752(c)(1) and (3) of the Act, we determine that revocation of the antidumping duty orders on brass sheet and strip from France, Italy and Japan would be likely to lead to continuation or recurrence of dumping at the following weighted-average percentage margins: E:\FR\FM\07JYN1.SGM 07JYN1

Agencies

[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Notices]
[Pages 39847-39849]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17072]



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



DEPARTMENT OF COMMERCE



International Trade Administration



[A-821-811]




Solid Fertilizer Grade Ammonium Nitrate From the Russian 

Federation; Final Results of the Expedited Sunset Review of Antidumping 

Duty Order



AGENCY: Import Administration, International Trade Administration, 

Department of Commerce.



SUMMARY: On March 1, 2011, the Department of Commerce (``the 

Department'') initiated a second sunset review of the suspended 

antidumping duty investigation on solid fertilizer grade ammonium 

nitrate (``ammonium nitrate'') from the Russian Federation 

(``Russia'').\1\ Effective May 2, 2011, the Department terminated the 

agreement suspending the antidumping duty investigation and issued an 

antidumping duty order on ammonium nitrate from Russia. On the basis of 

the notice of intent to participate, an adequate substantive response 

submitted on behalf of the domestic interested parties, and no 

participation 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 Tariff Act of 1930, as amended 

(``Act'') and 19 CFR 351.218(e)(1)(ii)(C). As a result of this sunset 

review, the Department determined that termination of the antidumping 

duty order would be likely to lead to continuation or recurrence of 

dumping at the levels listed below in the section entitled ``Final 

Results of Review.''

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



    \1\ See Initiation of Five-Year (``Sunset'') Review, 76 FR 11202 

(March 1, 2011) (``Notice of Initiation'').



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

DATES: Effective Date: July 7, 2011.



FOR FURTHER INFORMATION CONTACT: Julie H. Santoboni or Judith Wey 

Rudman, Office of Policy, Import Administration, International Trade 

Administration, U.S. Department of Commerce, 14th Street and 

Constitution Avenue, NW., Washington, DC, 20230; telephone: 202-482-

3063 or 202-482-0192, respectively.



SUPPLEMENTARY INFORMATION:



History of the Suspension Agreement and Order



    On August 12, 1999, the Department initiated an antidumping duty 

investigation on ammonium nitrate from Russia under section 732 of the 

Act. 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 was being, or was 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'') (the predecessor to the 

current Ministry of Economic Development (``MED'')) accounting for 

substantially all imports of ammonium nitrate from Russia, wherein the 

MOT agreed to restrict exports of ammonium nitrate from all Russian 

producers/exporters to the United States and to ensure that such 

exports were 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 than 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 JSC Nevinnomyssky Azot, a respondent company in the 

investigation, and for the Russia-wide entity.

    On March 31 and April 1, 2005, respectively, the International 

Trade Commission (``ITC'') instituted, and the Department initiated, a 

five-year sunset review of the suspended antidumping investigation on 

ammonium nitrate from Russia. The Department concluded that termination 

of the suspended antidumping investigation would be likely to lead to 

continuation or recurrence of dumping and the ITC concluded that 

termination of the suspended investigation would be likely to lead to 

continuation or recurrence of material injury to an industry in the 

United States within a reasonably foreseeable time. See Final Results 

of Five-year Sunset Review of Suspended Antidumping Duty Investigation 

on



[[Page 39848]]



Ammonium Nitrate from the Russian Federation 71 FR 11177 (March 6, 

2006) and Ammonium Nitrate From Russia, Investigation No. 731-TA-856 

(Review), 71 FR 16177 (March 30, 2006), respectively.

    On March 1, 2011, the Department initiated and the ITC instituted a 

second sunset review of the ammonium nitrate suspended investigation. 

See Notice of Initiation and Ammonium Nitrate from Russia, 

Investigation No. 731-TA-856 (Second Review), 76 FR 11273 (March 1, 

2011).

    On March 3, 2011, the Department received a letter from the MED 

dated February 22, 2011, that had been sent to the United States 

Embassy in Moscow for transmittal to the Department concerning the 

Suspension Agreement. In that letter, the MED stated that it was 

withdrawing from the Suspension Agreement, effective 60 days after 

notice of termination. Effective May 2, 2011, the Department terminated 

the suspension agreement and issued an antidumping duty order. See 

Termination of the Suspension Agreement on Solid Fertilizer Grade 

Ammonium Nitrate From the Russian Federation and Notice of Antidumping 

Duty Order, 76 FR 23569 (April 27, 2011).



Background



    Section 351.218(d)(1)(i) of the Department's regulations provides 

domestic interested parties the opportunity to file a notice of intent 

to participate in a sunset review within 15 days of initiation of 

review. The Department received a notice of intent to participate 

within the applicable deadline specified in 19 CFR 351.218(d)(1)(i) 

from COFANT (``the domestic interested party''). The domestic 

interested party claims interested-party status as a coalition of 

producers of subject merchandise in the United States as defined by 

section 771(9)(C) of the Act. In addition, the domestic interested 

party asserts that its members are not related to a foreign producer/

exporter and are not importers of the subject merchandise. CF 

Industries, one of the members of COFANT, holds a 50 percent interest 

in Keytrade AG, a global fertilizer trader. The domestic interested 

party asserts that Keytrade AG does not sell Russian ammonium nitrate 

to the United States, nor does CF Industries own a controlling interest 

in Keytrade AG, within the meaning of section 771(4)(B) of the Act.

    The Department's regulations at 19 CFR 351.218(d)(3)(i) state that 

all interested parties participating in a sunset review must submit a 

complete substantive response within 30 days of initiation of the 

sunset review. On March 31, 2011, the Department received a complete 

substantive response from the domestic interested party within the 30-

day deadline specified in 19 CFR 351.218(d)(3)(i).\2\ After examining 

the substantive response from the domestic interested party, on April 

12, 2011, the Department determined that the response was adequate, 

consistent with the requirements of 19 CFR 351.218(e). See Memorandum 

from Julie H. Santoboni, Senior Policy Analyst, Office of Policy, 

Import Administration to Judith Wey Rudman, Director for Bilateral 

Agreements, Office of Policy, Import Administration, regarding ``Second 

Sunset Review of the Suspended Investigation of Ammonium Nitrate from 

the Russian Federation: Adequacy Determination'' (April 12, 2011). See 

also Letter from James Maeder, Director, Office 2, AD/CVD Operations, 

Import Administration, to Ms. Catherine DeFilippo, Director, Office of 

Investigations, International Trade Commission (April 18, 2011).

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



    \2\ The substantive response was filed prior to the termination 

of the suspension agreement and thus references the suspension 

agreement, rather than the order.

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



    The Department did not receive any substantive responses from 

respondent interested parties to this proceeding. On May 10, 2011, 

COFANT filed a letter on the record of this proceeding, asserting that 

an expedited review is warranted and supported by the statute, the 

Statement of Administrative Action, and the Department's regulations. 

Pursuant to section 751(c)(3)(B) of the Act and 19 CFR 

351.218(e)(1)(ii)(C)(2), the Department conducted an expedited (120-

day), sunset review of the antidumping duty order.



Scope of the Order



    The products covered by the order 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 the order 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 the order is dispositive.



Analysis of Comments Received



    All issues raised in this sunset review are addressed in the 

``Issues and Decision Memorandum for the Final Results of the Expedited 

Sunset Review of the Antidumping Duty Order on Solid Fertilizer Grade 

Ammonium Nitrate from the Russian Federation'' from Paul Piquado, 

Deputy Assistant Secretary for Policy and Negotiations, Import 

Administration, to Ronald Lorentzen, Deputy Assistant Secretary for 

Import Administration, dated June 29, 2011 (``Decision Memo''), which 

is hereby adopted by this notice. The issues discussed in the Decision 

Memo include both the likely effects of termination of the suspension 

agreement and underlying investigation and the magnitude of the margin 

likely to prevail if the suspended investigation were terminated. 

Parties can find a complete discussion of all issues raised in this 

sunset review and the corresponding recommendations in this public 

memo, which is on file in room 7046 of the main Commerce Building.

    In addition, a complete version of the Decision Memo can be 

accessed directly on the Web at http://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 termination of the antidumping duty 

order on ammonium nitrate from Russia would be likely to lead to 

continuation or recurrence of dumping at the following weighted-average 

margins:



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

                                                               Weighted-

                                                                average

              Manufacturers/producers/exporters                 margin

                                                               (percent)

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

JSC Nevinnomyssky Azot......................................      253.98

Russia-Wide Rate............................................      253.98

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



    This notice also serves as the only reminder to parties subject to 

administrative protective orders (``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 requested. Failure to comply 

with the regulations and terms of an APO is a violation which is 

subject to sanction.



[[Page 39849]]



    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: June 29, 2011.

Paul Piquado,

Acting Deputy Assistant Secretary for Import Administration.

[FR Doc. 2011-17072 Filed 7-6-11; 8:45 am]

BILLING CODE 3510-DS-P