Solid Urea From the Russian Federation: Preliminary Results of Antidumping Duty Administrative and New Shipper Reviews and Rescission of Administrative Review, in Part; 2014-2015, 53414-53416 [2016-19261]
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53414
Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices
warehouse, for consumption, in
accordance with 19 CFR 351.212(c)(l)(i).
Allegation of Duty Evasion
Recommendation
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of review, as
provided by section 751(a)(2)(C) of the
Act: (1) For previously investigated or
reviewed PRC and non-PRC exporters
which are not under review in this
segment of the proceeding but which
have separate rates, the cash deposit rate
will continue to be the exporter-specific
rate published for the most recent
period; (2) for all PRC exporters of
subject merchandise that have not been
granted a separate rate, including Hunan
Valin, the cash deposit rate will be the
PRC-wide rate of 128.59 percent; and (3)
for all non-PRC exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the PRC
exporter(s) that supplied that non-PRC
exporter. These deposit requirements,
when imposed, shall remain in effect
until further notice.
[FR Doc. 2016–19250 Filed 8–11–16; 8:45 am]
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(d)(4) and 351.221(b)(4).
Dated: August 5, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
mstockstill on DSK3G9T082PROD with NOTICES
Appendix
List of Sections in the Preliminary Decision
Memorandum
Summary
Background
Scope of the Order
Partial Rescission
Discussion of the Methodology
Non-Market Economy Country Status
Separate Rates
Preliminary Determination of No
Shipments
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Rescission of Administrative Review in
Part
BILLING CODE 3510–DS–P
We are rescinding the administrative
review in part with respect to
PhosAgro.1
DEPARTMENT OF COMMERCE
Methodology
International Trade Administration
The Department conducted these
reviews in accordance with section
751(a)(2) of the Tariff Act of 1930, as
amended (the Act). Export and
constructed export price are calculated
in accordance with section 772(a) and
772(b) of the Act respectively. Normal
value is calculated in accordance with
section 773(c) of the Act.
For a full description of the
methodology underlying our
conclusions, see Preliminary Decision
Memorandum.2 The Preliminary
Decision Memorandum is a public
document and is made available to the
public 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 to all
parties in the Central Records Unit,
located at room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be found at https://
enforcement.trade.gov/frn/.
A list of the topics discussed in the
Preliminary Decision Memorandum is
attached as an Appendix to this notice.
[A–821–801]
Solid Urea From the Russian
Federation: Preliminary Results of
Antidumping Duty Administrative and
New Shipper Reviews and Rescission
of Administrative Review, in Part;
2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(the Department) is conducting an
administrative review and new shipper
review of the antidumping duty order
on solid urea from the Russian
Federation (Russia). The period of
review (POR) is July 1, 2014, through
June 30, 2015. The Department
preliminarily finds that MCC EuroChem
and Joint Stock Company PhosAgroCherepovets (PhosAgro) have not made
sales of subject merchandise in the
United States at prices below normal
value. Interested parties are invited to
comment on these preliminary results.
SUMMARY:
DATES:
Effective August 12, 2016.
FOR FURTHER INFORMATION CONTACT:
Michael Romani or Andre Gziryan, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–0198 or (202) 482–2201,
respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order
is solid urea, a high-nitrogen content
fertilizer which is produced by reacting
ammonia with carbon dioxide. The
product is currently classified under the
Harmonized Tariff Schedules of the
United States (HTSUS) item number
3102.10.0010. Previously such
merchandise was classified under item
number 480.3000 and 3102.10.0000 of
the HTSUS. Although the HTSUS
subheading is provided for convenience
and customs purposes, the written
description of the merchandise subject
to the order is dispositive.
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Preliminary Results of the
Administrative Review
As a result of this administrative
review, we preliminarily determine that
a weighted-average dumping margin of
0.00 percent exists for MCC EuroChem3
for the period July 1, 2014, through June
30, 2015.
1 See Preliminary Decision Memorandum at 3 for
more details on this rescission in part. As noted in
the Preliminary Decision Memorandum, we will not
issue assessment instructions as a result of the
rescission of the administrative review with respect
to Phos Agro, given the ongoing new shipper
review. Id. n.13.
2 See memorandum from Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
to Ronald K. Lorentzen, Acting Assistant Secretary
for Enforcement and Compliance, ‘‘Decision
Memorandum for Preliminary Results of
Antidumping Duty Administrative and New
Shipper Review: Solid Urea from the Russian
Federation,’’ dated concurrently with this notice
(Preliminary Decision Memorandum), which is
hereby adopted by this notice.
3 OJSC Nevinnomysskiy Azot, and OJSC NAK
Azot (a.k.a., Novomoskovskiy Azot, OJSC) are
producing subsidiaries of MCC EuroChem.
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Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices
Preliminary Results of the New Shipper
Review
As a result of this new shipper
review, we preliminarily determine that
a weighted-average dumping margin of
0.00 percent exists for merchandise
produced and exported by Joint Stock
Company PhosAgro-Cherepovets for the
period July 1, 2014, through June 30,
2015.
mstockstill on DSK3G9T082PROD with NOTICES
Disclosure and Public Comment
We intend to disclose the calculations
performed for these preliminary results
to the parties within five days after the
date of publication of this notice.4
Pursuant to 19 CFR 351.309(c),
interested parties may submit cases
briefs not later than 30 days after the
date of publication of this notice.
Rebuttal briefs, limited to issues raised
in case briefs, may be filed no later than
five days after the time limit for filing
the case briefs.5 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.6
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 and Compliance, filed
electronically via ACCESS. An
electronically filed document must be
received successfully in its entirety by
the Department’s electronic records
system, ACCESS, by 5:00 p.m. Eastern
Time within 30 days after the date of
publication of this notice.7 Requests
should contain (1) the party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
issues to be discussed. Issues raised in
the hearing will be limited to those
raised in the respective case briefs.
Unless the deadline is extended
pursuant to section 751(a)(2)(B)(iv) of
the Act, the Department will issue the
final results of these reviews, including
the results of its analysis of issues raised
by parties in their comments, within
120 days after the publication of these
preliminary results, pursuant to section
751(a)(3)(A) of the Act and 19 CFR
351.213(h).
Assessment Rates
If a respondent’s weighted-average
dumping margin is above de minimis
(i.e., 0.50 percent) in the final results of
these reviews, the Department will
calculate an importer-specific
4 See
19 CFR 351.224(b).
19 CFR 351.309(d).
6 See 19 CFR 351.310(c).
7 See 19 CFR 351.310(c).
5 See
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18:42 Aug 11, 2016
Jkt 238001
assessment rate on the basis of the ratio
of the total amount of dumping
calculated for each importer’s examined
sales and, where possible, the total
entered value of sales, in accordance
with 19 CFR 351.212(b)(1).8 If the
respondent’s weighted-average dumping
margin continues to be zero or de
minimis in the final results of review,
we will instruct U.S. Customs and
Border Protection (CBP) not to assess
duties on any of its entries in
accordance with the Final Modification
for Reviews.9
For entries of subject merchandise
during the POR produced by MCC
EuroChem or PhosAgro for which it did
not know its merchandise was destined
for the United States, we will instruct
CBP to liquidate unreviewed entries at
the all-others rate of 64.93 percent 10 if
there is no rate for the intermediate
company(ies) involved in the
transaction.
We intend to issue instructions to
CBP 15 days after publication of the
final results of these reviews.
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
notice of final results of these reviews
for all shipments of solid urea from
Russia entered, or withdrawn from
warehouse, for consumption on or after
the date of publication as provided by
section 751(a)(2) of the Act: (1) The cash
deposit rate with respect to the
adminstrative review respondent, MCC
EuroChem, will be the rate established
in the final results of this administrative
review; (2) for merchandise exported by
manufacturers or exporters not covered
in these reviews 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 of this
proceeding; (3) if the exporter is not a
firm covered in these reviews, a prior
review, or the original investigation but
the manufacturer is, the cash deposit
rate will be the rate established for the
manufacturer of the merchandise for the
most recently completed segment of this
proceeding; (4) the cash deposit rate for
8 In these preliminary results, the Department
applied the assessment rate calculation method
adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification for
Reviews).
9 See Final Modification for Reviews, 77 FR at
8102.
10 The all-others rate established in Urea From the
Union of Soviet Socialist Republics; Final
Determination of Sales at Less Than Fair Value, 52
FR 19557 (May 26, 1987).
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53415
all other manufacturers or exporters will
continue to be 64.93 percent.11
With respect to PhosAgro, the new
shipper respondent, the Department
established a combination cash deposit
rate for this company consistent with its
practice as follows: (1) For subject
merchandise produced and exported by
PhosAgro, the cash deposit rate will be
the rate established for PhosAgro in the
final results of the new shipper review;
(2) for subject merchandise exported by
PhosAgro, but not produced by
PhosAgro, the cash deposit rate will be
the rate for the all-others established in
the less-than-fair-value investigation;
and (3) for subject merchandise
produced by PhosAgro but not exported
by PhosAgro, the cash deposit rate will
be the rate applicable to the exporter.
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing the
preliminary results of these reviews in
accordance with sections 751(a)(1),
751(a)(2)(B) and 777(i) of the Act and 19
CFR 351.213, 351.214 and 351.221(b)(4).
Dated: August 5, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
Summary
Background
Rescission of Administrative Review in Part
Bona Fides Analysis
Comparisons to Normal Value
A. Determination of Comparison Method
B. Results of the Differential Pricing
Analysis
Date of Sale
Product Comparisons
Export Price and Constructed Export Price
Normal Value
A. Selection of Comparison Market
B. Affiliated Party Transactions and Arm’sLength Test
C. Level of Trade
D. Cost of Production Analysis
E. Calculation of Normal Value Based on
Comparison Market Prices
11 Id.
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53416
Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices
Currency Conversion
Recommendation
[FR Doc. 2016–19261 Filed 8–11–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–351–846]
Countervailing Duty Investigation of
Certain Hot-Rolled Steel Flat Products
From Brazil: Final Affirmative
Determination, and Final Determination
of Critical Circumstances, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) determines that
countervailable subsidies are being
provided to producers and exporters of
certain hot-rolled steel flat products
(hot-rolled steel, or HRS) from Brazil.
For information on the estimated
subsidy rates, see the ‘‘Final
Determination’’ section of this notice.
The period of investigation is January 1,
2014, through December 31, 2014.
DATES: Effective August 12, 2016.
FOR FURTHER INFORMATION CONTACT:
Sergio Balbontin, Nicholas Czajkowski,
or Lana Nigro, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–6478,
(202) 482–1395, and (202) 482–1779,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
mstockstill on DSK3G9T082PROD with NOTICES
Background
The Department published the
Preliminary Determination on January
15, 2016.1 A summary of the events that
occurred since the Department
published the Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, may be
found in the Issues and Decision
Memorandum.2 The Issues and Decision
1 See Countervailing Duty Investigation of Certain
Hot-Rolled Steel Flat Products From Brazil:
Preliminary Affirmative Determination and
Alignment of Final Determination With Final
Antidumping Duty Determination, 81 FR 2168
(January 15, 2016) (Preliminary Determination) and
accompanying Preliminary Decision Memorandum
(PDM).
2 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald K.
Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, ‘‘Issues and Decision
Memorandum for the Final Determination in the
Countervailing Duty Investigation of Certain Hot-
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18:42 Aug 11, 2016
Jkt 238001
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 is
available to all parties in the Central
Records Unit, Room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/. The signed
Issues and Decision Memorandum and
the electronic version are identical in
content.
Scope Comments
In accordance with the Preliminary
Scope Determination,3 the Department
set aside a period of time for parties to
address scope issues in case briefs or
other written comments on scope issues.
In the Preliminary Determination, we
did not modify the scope language as it
appeared in the Initiation Notice.4 No
interested party submitted scope
comments in case or rebuttal briefs;
therefore, the scope of this investigation
remains unchanged for this final
determination.
Scope of the Investigation
The products covered by this
investigation are certain hot-rolled steel
flat products from Brazil. For a complete
description of the scope of this
investigation, see the ‘‘Scope of the
Investigation,’’ attached to this notice at
Appendix I.
available and, because the Government
of Brazil and the respondent companies
did not act to the best of their abilities
in responding to the Department’s
requests for information, we drew an
adverse inference where appropriate in
selecting from among the facts
otherwise available.5 Specifically, we
applied facts available, with adverse
inferences, for the Reduction of Tax on
Industrialized Products for Machines
and Equipment, the BNDES FINAME
´
Loan program, and the Ex-Tarifario
program, in accordance with section
776(a) and (b) of the Act. For further
information, see the section ‘‘Use of
Adverse Facts Available’’ in the
accompanying Issues and Decision
Memorandum.
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received from parties, and
the minor corrections presented and
additional items discovered at
verification, we made certain changes to
the respondents’ subsidy rate
calculations. For a discussion of these
changes, see the Issues and Decision
Memorandum.
Final Affirmative Determination of
Critical Circumstances, in Part
Use of Adverse Facts Available
In making this final determination,
the Department relied, in part, on facts
On October 23, 2015, the petitioner
filed a timely critical circumstances
allegation pursuant to section 703(e)(1)
of the Act and 19 CFR 351.206(c)(1),
alleging that critical circumstances exist
with respect to imports of hot-rolled
steel from Brazil.6 We preliminarily
determined that critical circumstances
existed with respect to CSN and
Usiminas, but not for all others
companies.7 Based on additional import
data that became available since the
Preliminary Determination of Critical
Circumstances, we are departing from
our preliminary finding. For this final
determination, in accordance with
section 705(a) of the Act, we find that
critical circumstances exist with respect
to CSN but that critical circumstances
do not exist with respect to Usiminas
and all other producers and exporters of
Rolled Steel Flat Products from Brazil,’’ dated
concurrently with this determination (Issues and
Decision Memorandum) and hereby adopted by this
notice.
3 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Certain HotRolled Steel Products from Australia, Brazil, Japan,
the Netherlands, the Republic of Korea, Turkey and
the United Kingdom: Scope Comments Decision
Memorandum for the Preliminary Determinations,’’
dated March 14, 2016.
4 See Preliminary Determination PDM at ‘‘Scope
Comments.’’
5 See sections 776(a) and (b) of the Tariff Act of
1930, as amended (the Act).
6 See letter from the Petitioner, ‘‘Certain HotRolled Steel Flat Products From Australia, Brazil,
Japan and the Netherlands—Critical Circumstances
Allegations,’’ dated October 23, 2015.
7 See Antidumping Duty Investigations of Certain
Hot-Rolled Steel Flat Products From Australia,
Brazil, Japan, and the Netherlands and
Countervailing Duty Investigation of Certain HotRolled Steel Flat Products From Brazil: Preliminary
Determinations of Critical Circumstances, 80 FR
76444 (December 9, 2015) (Preliminary
Determination of Critical Circumstances).
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation and the issues raised in
the case and rebuttal briefs by parties in
this investigation are discussed in the
Issues and Decision Memorandum. A
list of the issues that parties raised, and
to which we have responded in the
Issues and Decision Memorandum, is
attached to this notice at Appendix II.
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]]>Agencies
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Notices]
[Pages 53414-53416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19261]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-801]
Solid Urea From the Russian Federation: Preliminary Results of
Antidumping Duty Administrative and New Shipper Reviews and Rescission
of Administrative Review, in Part; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review and new shipper review of the antidumping duty
order on solid urea from the Russian Federation (Russia). The period of
review (POR) is July 1, 2014, through June 30, 2015. The Department
preliminarily finds that MCC EuroChem and Joint Stock Company PhosAgro-
Cherepovets (PhosAgro) have not made sales of subject merchandise in
the United States at prices below normal value. Interested parties are
invited to comment on these preliminary results.
DATES: Effective August 12, 2016.
FOR FURTHER INFORMATION CONTACT: Michael Romani or Andre Gziryan, AD/
CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-0198 or (202)
482-2201, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order is solid urea, a high-nitrogen
content fertilizer which is produced by reacting ammonia with carbon
dioxide. The product is currently classified under the Harmonized
Tariff Schedules of the United States (HTSUS) item number 3102.10.0010.
Previously such merchandise was classified under item number 480.3000
and 3102.10.0000 of the HTSUS. Although the HTSUS subheading is
provided for convenience and customs purposes, the written description
of the merchandise subject to the order is dispositive.
Rescission of Administrative Review in Part
We are rescinding the administrative review in part with respect to
PhosAgro.\1\
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\1\ See Preliminary Decision Memorandum at 3 for more details on
this rescission in part. As noted in the Preliminary Decision
Memorandum, we will not issue assessment instructions as a result of
the rescission of the administrative review with respect to Phos
Agro, given the ongoing new shipper review. Id. n.13.
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Methodology
The Department conducted these reviews in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export and
constructed export price are calculated in accordance with section
772(a) and 772(b) of the Act respectively. Normal value is calculated
in accordance with section 773(c) of the Act.
For a full description of the methodology underlying our
conclusions, see Preliminary Decision Memorandum.\2\ The Preliminary
Decision Memorandum is a public document and is made available to the
public 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 to all
parties in the Central Records Unit, located at room B8024 of the main
Department of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be found at https://enforcement.trade.gov/frn/. A list of the topics discussed in
the Preliminary Decision Memorandum is attached as an Appendix to this
notice.
---------------------------------------------------------------------------
\2\ See memorandum from Gary Taverman, Associate Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative and New Shipper Review:
Solid Urea from the Russian Federation,'' dated concurrently with
this notice (Preliminary Decision Memorandum), which is hereby
adopted by this notice.
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Preliminary Results of the Administrative Review
As a result of this administrative review, we preliminarily
determine that a weighted-average dumping margin of 0.00 percent exists
for MCC EuroChem\3\ for the period July 1, 2014, through June 30, 2015.
---------------------------------------------------------------------------
\3\ OJSC Nevinnomysskiy Azot, and OJSC NAK Azot (a.k.a.,
Novomoskovskiy Azot, OJSC) are producing subsidiaries of MCC
EuroChem.
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[[Page 53415]]
Preliminary Results of the New Shipper Review
As a result of this new shipper review, we preliminarily determine
that a weighted-average dumping margin of 0.00 percent exists for
merchandise produced and exported by Joint Stock Company PhosAgro-
Cherepovets for the period July 1, 2014, through June 30, 2015.
Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to the parties within five days after the date of
publication of this notice.\4\ Pursuant to 19 CFR 351.309(c),
interested parties may submit cases briefs not later than 30 days after
the date of publication of this notice. Rebuttal briefs, limited to
issues raised in case briefs, may be filed no later than five days
after the time limit for filing the case briefs.\5\ 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.\6\
---------------------------------------------------------------------------
\4\ See 19 CFR 351.224(b).
\5\ See 19 CFR 351.309(d).
\6\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
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 and Compliance, filed electronically via
ACCESS. An electronically filed document must be received successfully
in its entirety by the Department's electronic records system, ACCESS,
by 5:00 p.m. Eastern Time within 30 days after the date of publication
of this notice.\7\ Requests should contain (1) the party's name,
address, and telephone number; (2) the number of participants; and (3)
a list of issues to be discussed. Issues raised in the hearing will be
limited to those raised in the respective case briefs.
---------------------------------------------------------------------------
\7\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Unless the deadline is extended pursuant to section
751(a)(2)(B)(iv) of the Act, the Department will issue the final
results of these reviews, including the results of its analysis of
issues raised by parties in their comments, within 120 days after the
publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Assessment Rates
If a respondent's weighted-average dumping margin is above de
minimis (i.e., 0.50 percent) in the final results of these reviews, the
Department will calculate an importer-specific assessment rate on the
basis of the ratio of the total amount of dumping calculated for each
importer's examined sales and, where possible, the total entered value
of sales, in accordance with 19 CFR 351.212(b)(1).\8\ If the
respondent's weighted-average dumping margin continues to be zero or de
minimis in the final results of review, we will instruct U.S. Customs
and Border Protection (CBP) not to assess duties on any of its entries
in accordance with the Final Modification for Reviews.\9\
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\8\ In these preliminary results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for
Reviews).
\9\ See Final Modification for Reviews, 77 FR at 8102.
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For entries of subject merchandise during the POR produced by MCC
EuroChem or PhosAgro for which it did not know its merchandise was
destined for the United States, we will instruct CBP to liquidate
unreviewed entries at the all-others rate of 64.93 percent \10\ if
there is no rate for the intermediate company(ies) involved in the
transaction.
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\10\ The all-others rate established in Urea From the Union of
Soviet Socialist Republics; Final Determination of Sales at Less
Than Fair Value, 52 FR 19557 (May 26, 1987).
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We intend to issue instructions to CBP 15 days after publication of
the final results of these reviews.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of these reviews for all
shipments of solid urea from Russia entered, or withdrawn from
warehouse, for consumption on or after the date of publication as
provided by section 751(a)(2) of the Act: (1) The cash deposit rate
with respect to the adminstrative review respondent, MCC EuroChem, will
be the rate established in the final results of this administrative
review; (2) for merchandise exported by manufacturers or exporters not
covered in these reviews 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 of this
proceeding; (3) if the exporter is not a firm covered in these reviews,
a prior review, or the original investigation but the manufacturer is,
the cash deposit rate will be the rate established for the manufacturer
of the merchandise for the most recently completed segment of this
proceeding; (4) the cash deposit rate for all other manufacturers or
exporters will continue to be 64.93 percent.\11\
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\11\ Id.
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With respect to PhosAgro, the new shipper respondent, the
Department established a combination cash deposit rate for this company
consistent with its practice as follows: (1) For subject merchandise
produced and exported by PhosAgro, the cash deposit rate will be the
rate established for PhosAgro in the final results of the new shipper
review; (2) for subject merchandise exported by PhosAgro, but not
produced by PhosAgro, the cash deposit rate will be the rate for the
all-others established in the less-than-fair-value investigation; and
(3) for subject merchandise produced by PhosAgro but not exported by
PhosAgro, the cash deposit rate will be the rate applicable to the
exporter.
These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing the preliminary results of these
reviews in accordance with sections 751(a)(1), 751(a)(2)(B) and 777(i)
of the Act and 19 CFR 351.213, 351.214 and 351.221(b)(4).
Dated: August 5, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
Summary
Background
Rescission of Administrative Review in Part
Bona Fides Analysis
Comparisons to Normal Value
A. Determination of Comparison Method
B. Results of the Differential Pricing Analysis
Date of Sale
Product Comparisons
Export Price and Constructed Export Price
Normal Value
A. Selection of Comparison Market
B. Affiliated Party Transactions and Arm's-Length Test
C. Level of Trade
D. Cost of Production Analysis
E. Calculation of Normal Value Based on Comparison Market Prices
[[Page 53416]]
Currency Conversion
Recommendation
[FR Doc. 2016-19261 Filed 8-11-16; 8:45 am]
BILLING CODE 3510-DS-P
