Solid Fertilizer Grade Ammonium Nitrate From the Russian Federation; Final Results of the Expedited Sunset Review of Antidumping Duty Order, 39847-39849 [2011-17072]
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Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Notices
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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
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[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’’).
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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
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Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Notices
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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
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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.
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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 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
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.
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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:
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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
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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
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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 https://
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:
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]]>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]
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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 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 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
