Solid Fertilizer Grade Ammonium Nitrate From the Russian Federation; Preliminary Results of Antidumping Duty Administrative Review; Preliminary Determination of No Shipments; 2014-2015, 29839-29840 [2016-11388]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 81, Number 93 (Friday, May 13, 2016)]
[Notices]
[Pages 29839-29840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11388]



[[Page 29839]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-811]


Solid Fertilizer Grade Ammonium Nitrate From the Russian 
Federation; Preliminary Results of Antidumping Duty Administrative 
Review; Preliminary Determination of No Shipments; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on solid fertilizer 
grade ammonium nitrate (ammonium nitrate) from the Russian Federation. 
The review covers two producer/exporters of the subject merchandise, 
JSC Acron and its affiliate JSC Dorogobuzh (collectively, Acron) and 
MCC EuroChem and its affiliates OJSC NAK Azot and OJSC Nevinnomyssky 
Azot (collectively, EuroChem). The period of review (POR) is April 1, 
2014, through March 31, 2015. We preliminarily determine that sales of 
subject merchandise to the United States have not been made at prices 
below normal value (NV). The Department preliminarily finds that 
EuroChem made no shipments of subject merchandise during the POR. We 
invite all interested parties to comment on these preliminary results.

DATES: Effective Date: May 13, 2016.

FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or David Crespo, 
AD/CVD Operations, Office II, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3874, or (202) 482-3693, respectively.

SUPPLEMENTARY INFORMATION: As explained in the memorandum from the 
Acting Assistant Secretary for Enforcement and Compliance, the 
Department has exercised its discretion to toll all administrative 
deadlines due to the recent closure of the Federal Government. All 
deadlines in this segment of the proceeding have been extended by four 
business days. The revised deadline for the preliminary results of this 
review is now May 5, 2016.\1\
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    \1\ See Memorandum to the Record from Ron Lorentzen, Acting A/S 
for Enforcement & Compliance, regarding ``Tolling of Administrative 
Deadlines As a Result of the Government Closure During Snowstorm 
Jonas,'' dated January 27, 2016.
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Scope of the Order

    The merchandise subject to this order is solid, fertilizer grade 
ammonium nitrate products. The merchandise subject to this order is 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) at subheadings 3102.30.00.00 and 3102.290000. Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the merchandise within the scope is 
dispositive.\2\
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    \2\ For a complete description of the scope of the order, see 
the memorandum from Gary Taverman, Associate Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
entitled, ``Decision Memorandum for the Preliminary Results of the 
2014-2015 Administrative Review of the Antidumping Duty Order on 
Solid Fertilizer Grade Ammonium Nitrate from the Russian 
Federation,'' (Preliminary Decision Memorandum), dated concurrently 
with and hereby adopted by this notice.
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Methodology

    The Department is conducting this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed 
export price is calculated in accordance with section 772 of the Act. 
NV is calculated in accordance with section 773 of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of the 
topics included in the Preliminary Decision Memorandum is attached as 
an Appendix to this notice. The Preliminary Decision Memorandum is a 
public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov, and it is available to all paries in the 
Central Records Unit, Room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.

Preliminary Determination of No Shipments

    On June 25, 2015, EuroChem properly filed a statement reporting 
that it made no shipments of subject merchandise to the United States 
during the POR. Additionally, our inquiry to U.S. Customs and Border 
Protection (CBP) did not identify any POR entries of EuroChem's subject 
merchandise. Based on the foregoing, the Department preliminarily 
determines that EuroChem did not have any reviewable transactions 
during the POR. For additional information regarding this 
determination, see the Preliminary Decision Memorandum. Consistent with 
our practice, we are not preliminarily rescinding the review with 
respect to EuroChem but, rather, we will complete the review with 
respect to this company and issue appropriate instructions to CBP based 
on the final results of this review.\3\
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    \3\ See e.g., Certain Frozen Warmwater Shrimp From Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp From Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR at 
51306 (August 28, 2014).
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Preliminary Results of the Review

    The Department preliminarily determines that the following 
weighted-average dumping margin exists:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Producer/exporter                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
JSC Acron/JSC Dorogobuzh...................................        0.00
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Disclosure and Public Comment

    The Department intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days after the date of publication of this notice.\4\ Interested 
parties may submit cases briefs to the Department no later than 30 days 
after the date of publication of this notice.\5\ Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed no later than 
five days after the time limit for filing case briefs.\6\ Parties who 
submit case briefs or rebuttal briefs in this proceeding are encouraged 
to submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\7\ Case and 
rebuttal briefs should be filed using ACCESS.\8\
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    \4\ See 19 CFR 351.224(b).
    \5\ See 19 CFR 351.309(c)
    \6\ See 19 CFR 351.309(d).
    \7\ See 19 CFR 351.309(c)(2) and (d)(2).
    \8\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement

[[Page 29840]]

and Compliance within 30 days of the date of publication of this 
notice. Requests should contain: (1) The party's name, address and 
telephone number; (2) The number of participants; and (3) A list of 
issues parties intend to discuss. Issues raised in the hearing will be 
limited to those raised in the respective case and rebuttal briefs. If 
a request for a hearing is made, parties will be notified of the time 
and date for the hearing to be held at the U.S. Department of Commerce, 
14th Street and Constitution Avenue NW., Washington, DC 20230.\9\
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    \9\ See 19 CFR 351.310(d).
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    The Department intends to issue the final results of this 
administrative review, including the results of its analysis of the 
issues raised in any written briefs, not later than 120 days after the 
date of publication of this notice, pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h), unless this deadline is extended.

Assessment Rates

    Upon issuance of the final results, the Department shall determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review.\10\ We will instruct CBP to assess antidumping 
duties on all appropriate entries covered by this review when the 
importer-specific assessment rate calculated in the final results of 
this review is not zero or de minimis. Where the respondent's weighted-
average dumping margin is zero or de minimis, or an importer-specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
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    \10\ See 19 CFR 351.212(b)(1).
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    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\11\ This clarification will apply to entries of subject 
merchandise during the POR produced by the respondents for which the 
company did not know that the merchandise was 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 intermediate 
company(ies) involved in the transaction.
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    \11\ For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication as 
provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate 
for Acron will be equal to the weighted-average dumping margins 
established in the final results of this administrative review, except 
if the rate is less than 0.50 percent and, therefore, de minimis within 
the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit 
rate will be zero; (2) for merchandise exported by EuroChem or by 
manufacturers or exporters not covered in this review but covered in a 
prior segment of the proceeding, the cash deposit rate will continue to 
be the company-specific rate published for the most recently completed 
segment; (3) if the exporter is not a firm covered in this review, or 
the original investigation, but the manufacturer is, the cash deposit 
rate will be the rate established for the most recently completed 
segment for the manufacturer of the merchandise; and (4) the cash 
deposit rate for all other manufacturers or exporters will continue to 
be 253.98 percent, the all-others rate established in the order.\12\ 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.
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    \12\ 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, 23570 (April 27, 
2011).
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Notification to Importers

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

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: May 5, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Discussion of the Methodology
    a. Normal Value Comparisons
    b. Determination of Comparison Method
    c. Results of the Differential Pricing Analysis
    d. Product Comparisons
    e. Date of Sale
    f. Constructed Export Price
    g. Normal Value
    h. Currency Conversion
VI. Recommendation

[FR Doc. 2016-11388 Filed 5-12-16; 8:45 am]
BILLING CODE 3510-DS-P