Solid Agricultural Grade Ammonium Nitrate from Ukraine: Continuation of Antidumping Duty Order, 35258-35259 [2013-13966]

Download as PDF 35258 Federal Register / Vol. 78, No. 113 / Wednesday, June 12, 2013 / Notices Distribution of Copies of the Petitions In accordance with section 732(b)(3)(A) of the Act and 19 CFR 351.202(f), copies of the public version of the Petitions have been provided to the Governments of Malaysia, Thailand, and Vietnam via IA ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the Petitions to each exporter named in the Petitions, as provided under 19 CFR 351.203(c)(2). ITC Notification We have notified the ITC of our initiation, as required by section 732(d) of the Act. mstockstill on DSK4VPTVN1PROD with NOTICES Preliminary Determinations by the ITC The ITC will preliminarily determine no later than July 1, 2013, whether there is a reasonable indication that imports of welded stainless pipe from Malaysia, Thailand, and Vietnam are materially injuring or threatening material injury to a U.S. industry. A negative ITC determination for any country will result in the investigation being terminated with respect to that country; otherwise, these investigations will proceed according to statutory and regulatory time limits. Submission of Factual Information On April 10, 2013, the Department published Definition of Factual Information and Time Limits for Submission of Factual Information: Final Rule, 78 FR 21246 (April 10, 2013), which modified two regulations related to AD and countervailing duty (CVD) proceedings: the definition of factual information (19 CFR 351.102(b)(21)), and the time limits for the submission of factual information (19 CFR 351.301). The final rule identifies five categories of factual information in 19 CFR 351.102(b)(21), which are summarized as follows: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by the Department; and (v) evidence other than factual information described in (i)–(iv). The final rule requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information VerDate Mar<15>2010 16:32 Jun 11, 2013 Jkt 229001 seeks to rebut, clarify, or correct. The final rule also modified 19 CFR 351.301 so that, rather than providing general time limits, there are specific time limits based on the type of factual information being submitted. These modifications are effective for all proceeding segments initiated on or after May 10, 2013, and thus are applicable to these investigations. Please review the final rule, available at http://ia.ita.doc.gov/ frn/2013/1304frn/2013-08227.txt, prior to submitting factual information in these investigations. Notification to Interested Parties Interested parties must submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305. On January 22, 2008, the Department published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (Jan. 22, 2008). Parties wishing to participate in these investigations should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). Any party submitting factual information in an AD/CVD proceeding must certify to the accuracy and completeness of that information.41 Parties are hereby reminded that revised certification requirements are in effect for company/government officials as well as their representatives in all segments of any AD/CVD proceedings initiated on or after March 14, 2011.42 The formats for the revised certifications are provided at the end of the Interim Final Rule. The Department intends to reject factual submissions in any proceeding segments if the submitting party does not comply with the revised certification requirements. This notice is issued and published pursuant to section 777(i) of the Act. Dated: June 5, 2013. Paul Piquado, for Import Administration. Appendix I Scope of the Investigations The merchandise covered by these investigations is circular welded austenitic 41 See section 782(b) of the Act. Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings: Interim Final Rule, 76 FR 7491 (February 10, 2011) (Interim Final Rule) amending 19 CFR 351.303(g)(1) & (2) and supplemented by Certification of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings: Supplemental Interim Final Rule, 76 FR 54697 (September 2, 2011). 42 See PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 stainless pressure pipe not greater than 14 inches in outside diameter. For purposes of these investigations, references to size are in nominal inches and include all products within tolerances allowed by pipe specifications. This merchandise includes, but is not limited to, the American Society for Testing and Materials (ASTM) A–312 or ASTM A–778 specifications, or comparable domestic or foreign specifications. ASTM A– 358 products are only included when they are produced to meet ASTM A–312 or ASTM A–778 specifications, or comparable domestic or foreign specifications. Excluded from the scope are: (1) Welded stainless mechanical tubing, meeting ASTM A–554 or comparable domestic or foreign specifications; (2) boiler, heat exchanger, superheater, refining furnace, feedwater heater, and condenser tubing, meeting ASTM A–249, ASTM A–688 or comparable domestic or foreign specifications; and (3) specialized tubing, meeting ASTM A269, ASTM A–270 or comparable domestic or foreign specifications. The subject imports are normally classified in subheadings 7306.40.5005, 7306.40.5040, 7306.40.5062, 7306.40.5064, and 7306.40.5085 of the Harmonized Tariff Schedule of the United States (HTSUS). They may also enter under HTSUS subheadings 7306.40.1010, 7306.40.1015, 7306.40.5042, 7306.40.5044, 7306.40.5080, and 7306.40.5090. The HTSUS subheadings are provided for convenience and customs purposes only; the written description of the scope of these investigations is dispositive. [FR Doc. 2013–13963 Filed 6–11–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–823–810] Solid Agricultural Grade Ammonium Nitrate from Ukraine: Continuation of Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determination by the Department of Commerce (‘‘Department’’) that revocation of the antidumping duty order 1 on solid agricultural grade ammonium nitrate from Ukraine would likely lead to continuation or recurrence of dumping, and the determination by the International Trade Commission (‘‘ITC’’) that revocation of the Order would likely lead to continuation or recurrence of material injury to an industry in the United States, the Department is publishing this notice of the continuation of the Order. DATES: Effective Date: June 12, 2013. AGENCY: 1 See Antidumping Duty Order: Solid Agricultural Grade Ammonium Nitrate from Ukraine, 66 FR 47451 (September 12, 2001) (‘‘the Order’’). E:\FR\FM\12JNN1.SGM 12JNN1 Federal Register / Vol. 78, No. 113 / Wednesday, June 12, 2013 / Notices FOR FURTHER INFORMATION CONTACT: Mahnaz Khan, AD/CVD Operations, Office 1, Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482–0914. SUPPLEMENTARY INFORMATION: Background On June 1, 2012, the Department and the ITC initiated the second sunset review of the Order on solid agricultural grade ammonium nitrate from Ukraine, pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’).2 As a result of this sunset review, the Department determined that revocation of the Order on solid agricultural grade ammonium nitrate from Ukraine would be likely to lead to continuation or recurrence of dumping and notified the ITC of the magnitude of the margin likely to prevail should the order be revoked.3 On May 24, 2013, pursuant to section 752(a) of the Act, the ITC published its determination that revocation of the Order on solid agricultural grade ammonium nitrate from Ukraine would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.4 BILLING CODE 3510–DS–P mstockstill on DSK4VPTVN1PROD with NOTICES The merchandise covered by the order are solid, fertilizer grade ammonium nitrate (‘‘ammonium nitrate’’ or ‘‘subject merchandise’’) products, whether prilled, granular or in other solid form, with or without additives or coating, and with a bulk density equal to or greater than 53 pounds per cubic foot. Specifically excluded from the 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. HTSUS subheadings are provided for convenience and customs purposes. The written description of the scope of the order is dispositive. 2 See Initiation of Five-Year (‘‘Sunset’’) Review, 77 FR 32527 (June 1, 2012); and Ammonium Nitrate from Ukraine: Institution of a Five-Year Review, Investigation No. 731–TA–894 (Second Review), 77 FR 32669 (June 1, 2012). 3 See Solid Agricultural Grade Ammonium Nitrate from Ukraine: Final Results of the Expedited Second Sunset Review of the Antidumping Duty Order, 77 FR 59377 (September 27, 2012). 4 See Certain Ammonium Nitrate from Ukraine, 78 FR 32690 (May 31, 2013). 16:32 Jun 11, 2013 Dated: June 5, 2013. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2013–13966 Filed 6–11–13; 8:45 am] Scope of the Order VerDate Mar<15>2010 Continuation of the Order As a result of the determinations by the Department and the ITC that revocation of this Order would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the Order on solid agricultural grade ammonium nitrate from Ukraine. U.S. Customs and Border Protection will continue to collect antidumping duty cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of continuation of these orders will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next five-year review of this order not later than 30 days prior to the fifth anniversary of the effective date of continuation. This five-year sunset review and this notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act. Jkt 229001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration National Climate Assessment and Development Advisory Committee (NCADAC) Office of Oceanic and Atmospheric Research (OAR), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Notice of Open Meeting. AGENCY: SUMMARY: The National Climate Assessment and Development Advisory Committee (NCADAC) was established by the Secretary of Commerce under the authority of the Global Change Research Act of 1990 to synthesize and summarize the science and information pertaining to current and future impacts of climate. Time And Date: The meeting will be held July 9, 2013 from 1:00 p.m. to 6:00 p.m. EDT and July 10, 2013 from 9:00 a.m. to 4:30 p.m. These times are subject to change. Please refer to the Web page http://www.globalchange.gov/ for PO 00000 Frm 00021 Fmt 4703 Sfmt 9990 35259 changes and for the most up-to-date meeting agenda. Location: The meeting will be held at NASA Headquarters, Room 2E39, 300 E Street SW., Washington, DC 20546. Please check the Web site http:// www.globalchange.gov/for confirmation of the venue and for directions. Status: Seating will be available on a first come, first serve basis. Members of the public must RSVP in order to attend all or a portion of the meeting by contacting the NCADAC DFO (Cynthia.Decker@noaa.gov) by Monday, July 1, 2013. The meeting will be open to public participation with a 15 minute public comment period on Tuesday, July 9, 2013 at 3:30 p.m. (check Web site to confirm time). The NCADAC expects that public statements presented at its meetings will not be repetitive of previously submitted verbal or written statements. In general, each individual or group making a verbal presentation will be limited to a total time of five (5) minutes. Individuals or groups planning to make a verbal presentation should contact the NCADAC DFO (Cynthia.Decker@noaa.gov) by Monday, July 1, 2013 to schedule their presentation. Written comments should be received in the NCADAC DFO’s Office by Monday, July 1, 2013 to provide sufficient time for NCADAC review. Written comments received by the NCADAC DFO after Monday, July 1, 2013 will be distributed to the NCADAC, but may not be reviewed prior to the meeting date. Special Accommodations: These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Dr. Cynthia Decker (301–563–6162, Cynthia.decker@noaa.gov) by Monday, July 1, 2013. Dr. Cynthia Decker, Designated Federal Officer, National Climate Assessment and Development Advisory Committee, NOAA OAR, R/SAB, 1315 East-West Highway, Silver Spring, Maryland 20910. (Phone: 301–734–1156, Fax: 301–713–1459, Email: Cynthia.Decker@noaa.gov; or visit the NCADAC Web site at http:// www.globalchange.gov/. FOR FURTHER INFORMATION CONTACT: Dated: June 6, 2013. Jason Donaldson, Chief Financial Officer/Chief Administrative Officer, Office of Oceanic and Atmospheric Research, National Oceanic and Atmospheric Administration. [FR Doc. 2013–13943 Filed 6–11–13; 8:45 am] BILLING CODE P E:\FR\FM\12JNN1.SGM 12JNN1

Agencies

[Federal Register Volume 78, Number 113 (Wednesday, June 12, 2013)]
[Notices]
[Pages 35258-35259]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13966]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-823-810]


Solid Agricultural Grade Ammonium Nitrate from Ukraine: 
Continuation of Antidumping Duty Order

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

SUMMARY: As a result of the determination by the Department of Commerce 
(``Department'') that revocation of the antidumping duty order \1\ on 
solid agricultural grade ammonium nitrate from Ukraine would likely 
lead to continuation or recurrence of dumping, and the determination by 
the International Trade Commission (``ITC'') that revocation of the 
Order would likely lead to continuation or recurrence of material 
injury to an industry in the United States, the Department is 
publishing this notice of the continuation of the Order.
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Order: Solid Agricultural Grade 
Ammonium Nitrate from Ukraine, 66 FR 47451 (September 12, 2001) 
(``the Order'').

DATES: Effective Date: June 12, 2013.

[[Page 35259]]


FOR FURTHER INFORMATION CONTACT: Mahnaz Khan, AD/CVD Operations, Office 
1, Import Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-
0914.

SUPPLEMENTARY INFORMATION:

Background

    On June 1, 2012, the Department and the ITC initiated the second 
sunset review of the Order on solid agricultural grade ammonium nitrate 
from Ukraine, pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (``the Act'').\2\ As a result of this sunset review, the 
Department determined that revocation of the Order on solid 
agricultural grade ammonium nitrate from Ukraine would be likely to 
lead to continuation or recurrence of dumping and notified the ITC of 
the magnitude of the margin likely to prevail should the order be 
revoked.\3\
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    \2\ See Initiation of Five-Year (``Sunset'') Review, 77 FR 32527 
(June 1, 2012); and Ammonium Nitrate from Ukraine: Institution of a 
Five-Year Review, Investigation No. 731-TA-894 (Second Review), 77 
FR 32669 (June 1, 2012).
    \3\ See Solid Agricultural Grade Ammonium Nitrate from Ukraine: 
Final Results of the Expedited Second Sunset Review of the 
Antidumping Duty Order, 77 FR 59377 (September 27, 2012).
---------------------------------------------------------------------------

    On May 24, 2013, pursuant to section 752(a) of the Act, the ITC 
published its determination that revocation of the Order on solid 
agricultural grade ammonium nitrate from Ukraine would likely lead to 
continuation or recurrence of material injury to an industry in the 
United States within a reasonably foreseeable time.\4\
---------------------------------------------------------------------------

    \4\ See Certain Ammonium Nitrate from Ukraine, 78 FR 32690 (May 
31, 2013).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the order are solid, fertilizer grade 
ammonium nitrate (``ammonium nitrate'' or ``subject merchandise'') 
products, whether prilled, granular or in other solid form, with or 
without additives or coating, and with a bulk density equal to or 
greater than 53 pounds per cubic foot. Specifically excluded from the 
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. HTSUS subheadings are provided for 
convenience and customs purposes. The written description of the scope 
of the order is dispositive.

Continuation of the Order

    As a result of the determinations by the Department and the ITC 
that revocation of this Order would likely lead to continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act, the Department hereby 
orders the continuation of the Order on solid agricultural grade 
ammonium nitrate from Ukraine.
    U.S. Customs and Border Protection will continue to collect 
antidumping duty cash deposits at the rates in effect at the time of 
entry for all imports of subject merchandise. The effective date of 
continuation of these orders will be the date of publication in the 
Federal Register of this notice of continuation. Pursuant to section 
751(c)(2) of the Act, the Department intends to initiate the next five-
year review of this order not later than 30 days prior to the fifth 
anniversary of the effective date of continuation.
    This five-year sunset review and this notice are in accordance with 
section 751(c) of the Act and published pursuant to section 777(i)(1) 
of the Act.

    Dated: June 5, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-13966 Filed 6-11-13; 8:45 am]
BILLING CODE 3510-DS-P