Urea Ammonium Nitrate Solutions From the Russian Federation and the Republic of Trinidad and Tobago: Initiation of Less-Than-Fair-Value Investigations, 40008-40013 [2021-15889]
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Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Notices
available at https://www.gpo.gov/fdsys/
pkg/FR-2013-09-20/html/201322853.htm, prior to submitting
extension requests or factual
information in these investigations.
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.40
Parties must use the certification
formats provided in 19 CFR
351.303(g).41 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
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Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305.
Instructions for filing such applications
may be found on the Commerce website
at https://enforcement.trade.gov/apo.
Parties wishing to participate in these
investigations should ensure that they
meet the requirements of 19 CFR
351.103(d) (e.g., by filing a letter of
appearance).
This notice is issued and published
pursuant to sections 702 and 777(i) of
the Act, and 19 CFR 351.203(c).
of the United States (HTSUS) at subheading
3102.80.0000. Although the HTSUS
subheading is provided for convenience and
customs purposes, the written description of
the scope is dispositive.
[FR Doc. 2021–15890 Filed 7–23–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–821–831, A–274–808]
Urea Ammonium Nitrate Solutions
From the Russian Federation and the
Republic of Trinidad and Tobago:
Initiation of Less-Than-Fair-Value
Investigations
Dated: July 20, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations.
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable July 20, 2021.
FOR FURTHER INFORMATION CONTACT:
Laura Griffith at (202) 482–6430 (the
Russian Federation (Russia)) or Lilit
Astvatsatrian at (202) 482–6412 or
Dakota Potts at (202) 482–0223 (the
Republic of Trinidad and Tobago
(Trinidad and Tobago)); AD/CVD
Operations, Offices III and IV,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
Appendix—Scope of the Investigations
The Petitions
The merchandise covered by these
investigations is all mixtures of urea and
ammonium nitrate in aqueous or ammonia
solution, regardless of nitrogen concentration
by weight, and regardless of the presence of
additives, such as corrosion inhibiters and
soluble micro or macronutrients (UAN).
Subject merchandise includes merchandise
matching the above description that has been
processed in a third country, including by
commingling, diluting, adding or removing
additives, or performing any other processing
that would not otherwise remove the
merchandise from the scope of the
investigations if performed in the subject
country.
The scope also includes UAN that is
commingled with UAN from sources not
subject to these investigations. Only the
subject component of such commingled
products is covered by the scope of these
investigations.
The covered merchandise is currently
classified in the Harmonized Tariff Schedule
On June 30, 2021, the Department of
Commerce (Commerce) received
antidumping duty (AD) petitions (the
Petitions) concerning imports of Urea
Ammonium Nitrate Solutions (UAN)
from Russia and Trinidad and Tobago,
filed in proper form on behalf of CF
Industries Nitrogen, LLC and its
subsidiaries, Terra Nitrogen, Limited
Partnership and Terra International
(Oklahoma) LLC (collectively, the
petitioner), domestic producers of
UAN.1 The Petitions were accompanied
by countervailing duty (CVD) petitions
concerning imports of UAN from Russia
and Trinidad and Tobago.2
On July 2 and 6, 2021, Commerce
requested supplemental information
pertaining to certain aspects of the
Petitions.3 The petitioner filed
40 See
section 782(b) of the Act.
41 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
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AGENCY:
1 See Petitioner’s Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties: Urea Ammonium Nitrate Solutions from the
Russian Federation and the Republic of Trinidad
and Tobago,’’ dated June 30, 2021 (the Petitions).
2 Id.
3 See Commerce’s Letters, ‘‘Petition for the
Imposition of Antidumping Duties on Imports of
Urea Ammonium Nitrate Solutions from Trinidad
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responses to these requests on July 7
and 8, 2021.4
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioner alleges that imports
of UAN from Russia and Trinidad and
Tobago are being, or are likely to be,
sold in the United States at less than fair
value (LTFV) within the meaning of
section 731 of the Act, and that imports
of such products are materially injuring,
or threatening material injury to, the
UAN industry in the United States.
Consistent with section 732(b)(1) of the
Act, the Petitions are accompanied by
information reasonably available to the
petitioner supporting its allegations.
Commerce finds that the petitioner
filed the Petitions on behalf of the
domestic industry, because the
petitioner is an interested party, as
defined in section 771(9)(C) of the Act.
Commerce also finds that the petitioner
demonstrated sufficient industry
support for the initiation of the
requested AD investigations.5
Periods of Investigation
Because the Petitions were filed on
June 30, 2021, the period of
investigation (POI) for the Russia and
Trinidad and Tobago AD investigations
is April 1, 2020, through March 31,
2021, pursuant to 19 CFR 351.204(b)(1).
The petitioner argued that Commerce
should determine in this investigation
that Russia is a nonmarket economy
(NME) within the meaning of section
771(18)(A) of the Act and should
calculate normal value (NV) for Russia
in accordance with its NME
methodology.6 Under that allegation,
and Tobago: Supplemental Questions,’’ dated July
2, 2021; ‘‘Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports
of Urea Ammonium Nitrate Solutions from Russia
and Trinidad and Tobago: Supplemental
Questions,’’ dated July 6, 2021 (General Issues
Supplement Questions); and ‘‘Petition for the
Imposition of Antidumping Duties on Imports of
Urea Ammonium Nitrate Solutions from the
Russian Federation: Supplemental Questions,’’
dated July 6, 2021.
4 See Petitioner’s Letters, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Urea Ammonium Nitrate
Solutions from Russia and Trinidad and Tobago:
Petitioner’s Response to the Department’s General
Issues Questionnaire,’’ dated July 8, 2021 (General
Issues Supplement); ‘‘Petition for the Imposition of
Antidumping Duties on Imports of Urea
Ammonium Nitrate Solutions from Trinidad and
Tobago: Petitioner’s Response to the Department’s
Supplemental Questions,’’ dated July 7, 2021; and
‘‘Petition for the Imposition of Antidumping Duties
on Imports of Urea Ammonium Nitrate Solutions
from the Russian Federation: Petitioner’s Response
to the Department’s Supplemental Questions,’’
dated July 8, 2021 (Russia AD Supplement).
5 See infra, section on ‘‘Determination of Industry
Support for the Petitions.’’
6 See Petitions at Volume II at II–6 through II–28
and Exhibits II–22 through II–72.
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the appropriate POI is October 1, 2020,
through March 31, 2021.
Scope of the Investigations
The product covered by these
investigations is UAN from Russia and
Trinidad and Tobago. For a full
description of the scope of these
investigations, see the appendix to this
notice.
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Comments on the Scope of the
Investigations
On July 6, 2021, Commerce requested
further information and clarification
from the petitioner regarding the
proposed scope to ensure that the scope
language in the Petitions is an accurate
reflection of the products for which the
domestic industry is seeking relief.7 On
July 8, 2021, the petitioner revised the
scope.8 The description of merchandise
covered by these investigations, as
described in the appendix to this notice,
reflects these clarifications.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period of time for interested
parties to raise issues regarding product
coverage (i.e., scope).9 Commerce will
consider all comments received from
interested parties and, if necessary, will
consult with interested parties prior to
the issuance of the preliminary
determinations. If scope comments
include factual information,10 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaires,
Commerce requests that all interested
parties submit such comments by 5:00
p.m. Eastern Time (ET) on August 9,
2021, which is 20 calendar days from
the signature date of this notice. Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. ET on August 19, 2021, which
is 10 calendar days from the initial
comment deadline.
Commerce requests that any factual
information that parties consider
relevant to the scope of the
investigations be submitted during this
period. However, if a party subsequently
finds that additional factual information
pertaining to the scope of the
investigations may be relevant, the party
may contact Commerce and request
permission to submit the additional
information. All such submissions must
be filed on the records of the concurrent
AD and CVD investigations.
7 See
General Issues Supplement Questions at 3.
General Issues Supplement at I–1 and I–2.
9 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
10 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
8 See
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Filing Requirements
All submissions to Commerce must be
filed electronically using Enforcement
and Compliance’s Antidumping Duty
and Countervailing Duty Centralized
Electronic Service System (ACCESS).11
An electronically filed document must
be received successfully in its entirety
by the time and date it is due. Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.12
Comments on Product Characteristics
Commerce is providing interested
parties an opportunity to comment on
the appropriate physical characteristics
of UAN to be reported in response to
Commerce’s AD questionnaires. This
information will be used to identify the
key physical characteristics of the
subject merchandise in order to report
the relevant costs of production
accurately, as well as to develop
appropriate product-comparison
criteria.
Interested parties may provide any
information or comments that they feel
are relevant to the development of an
accurate list of physical characteristics.
Specifically, they may provide
comments as to which characteristics
are appropriate to use as: (1) General
product characteristics; and (2) product
comparison criteria. We note that it is
not always appropriate to use all
product characteristics as product
comparison criteria. We base product
comparison criteria on meaningful
commercial differences among products.
In other words, although there may be
some physical product characteristics
utilized by manufacturers to describe
UAN, it may be that only a select few
product characteristics take into account
commercially meaningful physical
characteristics. In addition, interested
parties may comment on the order in
which the physical characteristics
should be used in matching products.
Generally, Commerce attempts to list
the most important physical
11 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014) for details
of Commerce’s electronic filing requirements,
effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/
help.aspx and a handbook can be found at https://
access.trade.gov/help/Handbook_on_Electronic_
Filing_Procedures.pdf.
12 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
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characteristics first and the least
important characteristics last.
In order to consider the suggestions of
interested parties in developing and
issuing the AD questionnaires, all
product characteristics comments must
be filed by 5:00 p.m. ET on August 9,
2021, which is 20 calendar days from
the signature date of this notice. Any
rebuttal comments must be filed by 5:00
p.m. ET on August 19, 2021. All
comments and submissions to
Commerce must be filed electronically
using ACCESS, as explained above, on
the record of each of the AD
investigations.
Determination of Industry Support for
the Petitions
Section 732(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 732(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) At least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 732(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
Commerce shall: (i) Poll the industry or
rely on other information in order to
determine if there is support for the
petition, as required by subparagraph
(A); or (ii) determine industry support
using a statistically valid sampling
method to poll the ‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs Commerce to look to producers
and workers who produce the domestic
like product. The International Trade
Commission (ITC), which is responsible
for determining whether ‘‘the domestic
industry’’ has been injured, must also
determine what constitutes a domestic
like product in order to define the
industry. While both Commerce and the
ITC must apply the same statutory
definition regarding the domestic like
product,13 they do so for different
purposes and pursuant to a separate and
distinct authority. In addition,
Commerce’s determination is subject to
limitations of time and information.
Although this may result in different
13 See
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definitions of the like product, such
differences do not render the decision of
either agency contrary to law.14
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, the petitioner does not offer a
definition of the domestic like product
distinct from the scope of the
investigations.15 Based on our analysis
of the information submitted on the
record, we have determined that UAN,
as defined in the scope, constitutes a
single domestic like product, and we
have analyzed industry support in terms
of that domestic like product.16
In determining whether the petitioner
has standing under section 732(c)(4)(A)
of the Act, we considered the industry
support data contained in the Petitions
with reference to the domestic like
product as defined in the ‘‘Scope of the
Investigations,’’ in the appendix to this
notice. To establish industry support,
the petitioner provided its own 2020
production of the domestic like
product.17 Additionally, the petitioner
provided letters of support from other
producers of UAN, stating their support
for the Petitions and providing their
own production of the domestic like
product in 2020.18 The petitioner also
provided the 2020 production of the
entire U.S. industry using published
monthly 2020 U.S. UAN production
14 See USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Fed. Cir. 1989)).
15 See Petitions at Volume I at I–15 through I–19
and Exhibits I–3, I–8, I–12, I–14, I–18, and I–25—
I–27.
16 For a discussion of the domestic like product
analysis as applied to these cases and information
regarding industry support, see Checklists,
‘‘Antidumping Duty Investigation Initiation
Checklists: Urea Ammonium Nitrate Solutions from
the Russian Federation and the Republic of
Trinidad and Tobago,’’ (Country-Specific AD
Initiation Checklists) at Attachment II, Analysis of
Industry Support for the Antidumping and
Countervailing Duty Petitions Covering Urea
Ammonium Nitrate Solutions from the Russian
Federation and the Republic of Trinidad and
Tobago (Attachment II). These checklists are dated
concurrently with this notice and on file
electronically via ACCESS.
17 See Petitions at Volume I at I–4 through I–5 and
Exhibit I–6.
18 See Petitions at Volume I at I–4 and Exhibits
I–5 and I–6.
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data.19 The petitioner added its 2020
UAN production to that of the domestic
producers expressing support for the
petitions, and compared the total to the
2020 U.S. UAN production data.20 We
relied on the data provided by the
petitioner for purposes of measuring
industry support.21
Our review of the data provided in the
Petitions, the General Issues
Supplement, and other information
readily available to Commerce indicates
that the petitioner has established
industry support for the Petitions.22
First, the Petitions established support
from domestic producers (or workers)
accounting for more than 50 percent of
the total production of the domestic like
product and, as such, Commerce is not
required to take further action in order
to evaluate industry support (e.g.,
polling).23 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petitions
account for at least 25 percent of the
total production of the domestic like
product.24 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petitions
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petitions.25 Accordingly, Commerce
determines that the Petitions were filed
on behalf of the domestic industry
within the meaning of section 732(b)(1)
of the Act.26
Allegations and Evidence of Material
Injury and Causation
The petitioner alleges that the U.S.
industry producing the domestic like
product is being materially injured, or is
threatened with material injury, by
reason of the imports of the subject
merchandise sold at LTFV. In addition,
19 See Petitions at Volume I at I–4 and Exhibit
I–6; see also General Issues Supplement at I–3
through I–4 and Exhibits I–49, I–51, I–52.
20 See Petitions at Volume I at I–4 through I–5 and
Exhibits I–6 and I–7; see also General Issues
Supplement at I–3 through I–4 and Exhibits I–51,
and I–52.
21 See Petitions at Volume I at I–4 through I–5 and
Exhibits I–1, I–2, and I–5 through I–7; see also
General Issues Supplement at I–3 through I–4 and
Exhibits I–49 through I–52.
22 Id. For further discussion, see Attachment II of
the Country-Specific AD Initiation Checklists.
23 Id.; see also section 732(c)(4)(D) of the Act.
24 See Attachment II of the Country-Specific AD
Initiation Checklists.
25 Id.
26 Id.
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the petitioner alleges that subject
imports exceed the negligibility
threshold provided for under section
771(24)(A) of the Act.27
The petitioner contends that the
industry’s injured condition is
illustrated by a significant and
increasing volume of subject imports;
impacts on market share; underselling
and price suppression; lost sales and
revenues; flatlined production, capacity
utilization, and employment variables;
and declining financial performance.28
We assessed the allegations and
supporting evidence regarding material
injury, threat of material injury,
causation, as well as negligibility, and
we have determined that these
allegations are properly supported by
adequate evidence, and meet the
statutory requirements for initiation.29
In accordance with section
771(7)(G)(ii)(III) of the Act, which
provides an exception to the mandatory
cumulation provision for imports from
any country designated as a beneficiary
country under the Caribbean Basin
Economic Recovery Act (CBERA), we
considered the petitioner’s allegation of
injury with respect to Trinidad and
Tobago, a designated beneficiary under
CBERA, independently of the allegation
for Russia and found that the
information provided satisfies the
requirements for initiation.30
Allegations of Sales at LTFV
The following is a description of the
allegations of sales at LTFV upon which
Commerce based its decision to initiate
AD investigations of imports of UAN
from Russia and Trinidad and Tobago.
The sources of data for the deductions
and adjustments relating to U.S. price
and NV are discussed in greater detail
in the Country-Specific AD Initiation
Checklists.
U.S. Price
For Russia and Trinidad and Tobago,
the petitioner based export price (EP) on
transaction-specific average unit values
(AUVs) derived from official import
statistics for imports under HTSUS
subheading 3102.80.0000 obtained from
the ITC’s Dataweb and tied to ship
27 See Petitions at Volume I at I–24 through I–25
and Exhibit I–32.
28 See Petitions at Volume I at I–20 through I–40
and Exhibits I–2, I–3, I–10, I–12, I–24, I–26, and
I–28 through I–48.
29 See Country-Specific AD Initiation Checklists
at Attachment III, Analysis of Allegations and
Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions
Covering Urea Ammonium Nitrate Solutions from
the Russian Federation and the Republic of
Trinidad and Tobago (Attachment III).
30 Id.
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manifest data.31 The petitioner made
certain adjustments to U.S. price to
calculate a net ex-factory U.S. price.32
Normal Value 33
For Trinidad and Tobago, the
petitioner stated that home market
prices were not available and, as such,
based NV on third country prices using
Canadian import AUVs for the POI.34
For Russia, the petition included NV
using both the NME and market
economy (ME) methodologies.35 The
petitioner based the ME NV on Russian
UAN prices derived from an
information subscription service that
tracks energy and commodity prices.36
The petition based the NME NV on
factors of production (FOPs) valued in
a surrogate market economy country in
accordance with section 773(c) of the
Act.37 The petitioner claims that Poland
is an appropriate surrogate country for
Russia because Poland is a market
economy country that is at a level of
economic development comparable to
that of Russia and is a significant
producer of identical merchandise.38
The petitioner provided publicly
available information from Poland to
value all FOPs.39 Based on the
petitioner’s allegation and information
provided in the petition, Poland was
used for initiation purposes.
Interested parties will have the
opportunity to submit comments
regarding surrogate country selections
and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an
opportunity to submit publicly available
information to value FOPs within 30
days before the scheduled date of the
preliminary determination.
Factors of Production
Because information regarding the
volume of inputs consumed by Russian
producers/exporters was not reasonably
available, the petitioner used its own
31 See
Country-Specific AD Initiation Checklists.
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32 Id.
33 In accordance with section 773(b)(2) of the Act,
for the Russia and Trinidad and Tobago
investigations, Commerce will request information
necessary to calculate the constructed value (CV)
and cost of production (COP) to determine whether
there are reasonable grounds to believe or suspect
that sales of the foreign like product have been
made at prices that represent less than the COP of
the product.
34 See Trinidad and Tobago AD Initiation
Checklist.
35 See Russia AD Initiation Checklist.
36 Id.
37 Id.
38 See Petitions at Volume II at II–29 and Exhibits
II–73 through II–75.
39 See Petitions at Volume II at II–30 through II–
31 and Exhibits II–77 through II–81; see also Russia
AD Supplement at II–3 through II–4 and Exhibits
II–88, II–90, and II–91.
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product-specific consumption rates as a
surrogate to value Russian
manufacturers’ FOPs.40 Additionally,
the petitioner calculated factory
overhead; selling, general and
administrative expenses; and profit
based on the experience of a Polish
producer of comparable merchandise.41
Fair Value Comparisons
Based on the data provided by the
petitioner, there is reason to believe that
imports of UAN from Russia and
Trinidad and Tobago are being, or are
likely to be, sold in the United States at
LTFV. Based on comparisons of EP to
NV in accordance with sections 772 and
773 of the Act, the estimated dumping
margin for UAN from Trinidad and
Tobago is 158.81 percent.42 Under the
ME methodology, the estimated
dumping margins for UAN from Russia
are 169.96 percent and 391.65 percent
for purposes of initiation. In light of the
petitioner’s allegation in the petition
that Russia is an NME, under its NME
methodology, the estimated dumping
margins for UAN from Russia are 245.98
percent and 433.37 percent for purposes
of initiation.43
Initiation of LTFV Investigations
Based upon the examination of the
Petitions and supplemental responses,
we find that they meet the requirements
of section 732 of the Act. Therefore, we
are initiating AD investigations to
determine whether imports of UAN
from Russia and Trinidad and Tobago
are being, or are likely to be, sold in the
United States at LTFV. In accordance
with section 733(b)(1)(A) of the Act and
19 CFR 351.205(b)(1), unless postponed,
we will make our preliminary
determinations no later than 140 days
after the date of this initiation.
Respondent Selection
Russia
In the Petitions, the petitioner
identified four companies as producers/
exporters of UAN in Russia (i.e.,
EuroChem, Acron Group (Acron), PJSC
Kuibyshev Azot, and SBU Azot). We
intend to issue quantity and value
(Q&V) questionnaires to each potential
respondent in Russia identified in the
Petitions. In the event Commerce
40 See Petitions at Volume II at II–29 and II–30
and Exhibit II–76; see also Russia AD Supplement
at II–2 and II–3 and Exhibit II–86.
41 See Petitions at Volume II at II–29 and II–30
and Exhibits II–77 through II–81; see also Russia
AD Supplement at II–3 and II–4 and Exhibits II–88
and II–91.
42 See Country-Specific AD Initiation Checklist
for details of these margin calculations.
43 See Country-Specific AD Initiation Checklist
for details of these margin calculations.
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Fmt 4703
Sfmt 4703
40011
determines that the number of
companies is large and it cannot
individually examine each company
based upon Commerce’s resources,
where appropriate, Commerce intends
to select mandatory respondents based
on responses to the Q&V questionnaires.
Producers/exporters of UAN from
Russia that do not receive Q&V
questionnaires by mail may still submit
a response to the Q&V questionnaire
and can obtain a copy of the Q&V
questionnaire from Enforcement and
Compliance (E&C)’s website at https://
enforcement.trade.gov/questionnaires/
questionnaires-ad.html. The Q&V
response must be submitted by the
relevant exporters/producers in Russia
no later than 5:00 p.m. ET on August 3,
2021, which is two weeks from the
signature date of this notice. All Q&V
responses must be filed electronically
via ACCESS.
Trinidad and Tobago
In the Petitions, the petitioner
identified one company in Trinidad and
Tobago as producer/exporter of UAN
(i.e., Methanol Holdings (Trinidad)
Limited) and provided independent,
third party information for support.44
We currently know of no additional
producers or exporters of UAN from
Trinidad and Tobago. Accordingly,
Commerce intends to individually
examine all known producers and
exporters in the investigation of UAN
from Trinidad and Tobago ((i.e.,
Methanol Holdings (Trinidad) Limited).
Parties wishing to comment on
respondent selection for Trinidad and
Tobago must do so within three
business days of the publication of this
notice in the Federal Register.
Commerce will not accept rebuttal
comments regarding respondent
selection for Trinidad and Tobago.
Comments on respondent selection
must be filed electronically using
ACCESS. An electronically-filed
document must be received successfully
in its entirety via ACCESS by 5:00 p.m.
ET on the specified deadline.
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305(b).
Instructions for filing such applications
may be found on Commerce’s website at
https://enforcement.trade.gov/apo.
Separate Rates
Upon applying an NME methodology,
Commerce will consider assigning
separate rates to exporters and
producers. In order to obtain separate44 See Petitions at Volume I at I–14 and Exhibit
I–4; see also Petitions at Volume IV at Exhibit
IV–7.
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Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Notices
rate status in an NME investigation,
exporters and producers must submit a
separate-rate application.45 The specific
requirements for submitting a separaterate application in an NME investigation
are outlined in detail in the application
itself, which will be available on E&C’s
website at https://enforcement.trade.gov/
nme/nme-sep-rate.html. The separaterate application will be due 30 days
after publication of this initiation
notice.46 Exporters and/or producers
who submit a separate-rate application
and have been selected as mandatory
respondents will be eligible for
consideration for separate-rate status
only if they respond to all parts of
Commerce’s AD questionnaire as
mandatory respondents. Commerce
requires that respondents from Russia
submit a response to both the Q&V
questionnaire and the separate-rate
application by the respective deadlines
in order to receive consideration for
separate-rate status. Companies not
filing a timely Q&V questionnaire
response will not receive separate rate
consideration.
Use of Combination Rates
Upon applying an NME methodology,
Commerce will calculate combination
rates for certain respondents that are
eligible for a separate rate in an NME
investigation. The Separate Rates and
Combination Rates Bulletin states:
jbell on DSKJLSW7X2PROD with NOTICES
{w}hile continuing the practice of assigning
separate rates only to exporters, all separate
rates that {Commerce} will now assign in its
NME Investigation will be specific to those
producers that supplied the exporter during
the period of investigation. Note, however,
that one rate is calculated for the exporter
and all of the producers which supplied
subject merchandise to it during the period
of investigation. This practice applies both to
mandatory respondents receiving an
individually calculated separate rate as well
as the pool of non-investigated firms
receiving the weighted-average of the
individually calculated rates. This practice is
referred to as the application of ‘‘combination
rates’’ because such rates apply to specific
combinations of exporters and one or more
producers. The cash-deposit rate assigned to
an exporter will apply only to merchandise
both exported by the firm in question and
produced by a firm that supplied the exporter
during the period of investigation.47
45 See Policy Bulletin 05.1: ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigation involving NME
Countries,’’ (April 5, 2005), available at https://
enforcement.trade.gov/policy/bull05-1.pdf (Policy
Bulletin 05.1).
46 Although in past investigations this deadline
was 60 days, consistent with 19 CFR 351.301(a),
which states that ‘‘the Secretary may request any
person to submit factual information at any time
during a proceeding,’’ this deadline is now 30 days.
47 See Policy Bulletin 05.1 at 6 (emphasis added).
VerDate Sep<11>2014
17:10 Jul 23, 2021
Jkt 253001
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 Russia and Trinidad
and Tobago via 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
Commerce will notify the ITC of its
initiation, as required by section 732(d)
of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petitions were filed, whether there
is a reasonable indication that subject
imports are materially injuring or
threatening material injury to a U.S.
industry.48 A negative ITC
determination for any country will
result in the investigation being
terminated with respect to that
country.49 Otherwise, these AD
investigations will proceed according to
statutory and regulatory time limits.
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (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 Commerce; and (v)
evidence other than factual information
described in (i)–(iv). Section 351.301(b)
of Commerce’s regulations requires any
party, when submitting factual
information, to specify under which
subsection of 19 CFR 351.102(b)(21) the
information is being submitted 50 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 seeks to rebut, clarify, or
correct.51 Time limits for the
submission of factual information are
addressed in 19 CFR 351.301, which
provides specific time limits based on
the type of factual information being
submitted. Interested parties should
review the regulations prior to
PO 00000
48 See
section 733(a) of the Act.
49 Id.
50 See
51 See
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
Frm 00023
Fmt 4703
Sfmt 4703
submitting factual information in these
investigations.
Particular Market Situation Allegation
Section 773(e) of the Act addresses
the concept of particular market
situation (PMS) for purposes of CV,
stating that ‘‘if a particular market
situation exists such that the cost of
materials and fabrication or other
processing of any kind does not
accurately reflect the cost of production
in the ordinary course of trade, the
administering authority may use
another calculation methodology under
this subtitle or any other calculation
methodology.’’ When an interested
party submits a PMS allegation pursuant
to section 773(e) of the Act, Commerce
will respond to such a submission
consistent with 19 CFR 351.301(c)(2)(v).
If Commerce finds that a PMS exists
under section 773(e) of the Act, then it
will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor
19 CFR 351.301(c)(2)(v), set a deadline
for the submission of PMS allegations
and supporting factual information.
However, in order to administer section
773(e) of the Act, Commerce must
receive PMS allegations and supporting
factual information with enough time to
consider the submission. Thus, should
an interested party wish to submit a
PMS allegation and supporting new
factual information pursuant to section
773(e) of the Act, it must do so no later
than 20 days after submission of a
respondent’s initial section D
questionnaire response.
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by
Commerce. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351.301.
For submissions that are due from
multiple parties simultaneously, an
extension request will be considered
untimely if it is filed after 10:00 a.m. ET
on the due date. Under certain
circumstances, Commerce may elect to
specify a different time limit by which
extension requests will be considered
untimely for submissions which are due
from multiple parties simultaneously. In
such a case, Commerce will inform
parties in a letter or memorandum of the
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. An extension
request must be made in a separate,
stand-alone submission; Commerce will
grant untimely filed requests for the
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Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Notices
extension of time limits only in limited
cases where we determine, based on 19
CFR 351.302, that extraordinary
circumstances exist. Parties should
review Extension of Time Limits; Final
Rule, 78 FR 57790 (September 20, 2013),
available at https://www.gpo.gov/fdsys/
pkg/FR-2013-09-20/html/201322853.htm, prior to submitting factual
information in these investigations.
products is covered by the scope of these
investigations.
The covered merchandise is currently
classified in the Harmonized Tariff Schedule
of the United States (HTSUS) at subheading
3102.80.0000. Although the HTSUS
subheading is provided for convenience and
customs purposes, the written description of
the scope is dispositive.
[FR Doc. 2021–15889 Filed 7–23–21; 8:45 am]
BILLING CODE 3510–DS–P
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.52
Parties must use the certification
formats provided in 19 CFR
351.303(g).53 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305.
Parties wishing to participate in these
investigations should ensure that they
meet the requirements of 19 CFR
351.103(d) (e.g., by filing the required
letter of appearance).
This notice is issued and published
pursuant to sections 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
Dated: July 20, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations.
Appendix—Scope of the Investigations
jbell on DSKJLSW7X2PROD with NOTICES
The merchandise covered by these
investigations is all mixtures of urea and
ammonium nitrate in aqueous or ammonia
solution, regardless of nitrogen concentration
by weight, and regardless of the presence of
additives, such as corrosion inhibiters and
soluble micro or macronutrients (UAN).
Subject merchandise includes merchandise
matching the above description that has been
processed in a third country, including by
commingling, diluting, adding or removing
additives, or performing any other processing
that would not otherwise remove the
merchandise from the scope of the
investigations if performed in the subject
country.
The scope also includes UAN that is
commingled with UAN from sources not
subject to these investigations. Only the
subject component of such commingled
52 See
section 782(b) of the Act.
Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Answers to frequently asked
questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
53 See
VerDate Sep<11>2014
17:10 Jul 23, 2021
Jkt 253001
DEPARTMENT OF COMMERCE
International Trade Administration
Advisory Committee on Supply Chain
Competitiveness: Notice of Public
Meeting
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of open meeting.
AGENCY:
This notice sets forth the
schedule and proposed topics of
discussion for a public meeting of the
Advisory Committee on Supply Chain
Competitiveness (Committee).
DATES: This Webex meeting will be held
on Wednesday, August 11, 2021, from
11:00 a.m. to 12:00 p.m. Eastern
Daylight Time. The deadline for
members of the public to register to
participate in or listen to the meeting is
5:00 p.m., Wednesday, August 4, 2021.
ADDRESSES: The meeting will be held by
Webex. The Webex link, and call-in
number, and passcode will be provided
by email to registrants. Requests to
register and any written comments
should be submitted to: Richard Boll,
Office of Supply Chain, Professional &
Business Services, International Trade
Administration by email: richard.boll@
trade.gov. Members of the public are
encouraged to submit registration
requests via email to ensure timely
receipt.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Richard Boll, Office of Supply Chain,
Professional & Business Services,
International Trade Administration by
email richard.boll@trade.gov or phone
202–384–8539.
SUPPLEMENTARY INFORMATION: The
Committee was established under the
discretionary authority of the Secretary
of Commerce and in accordance with
the Federal Advisory Committee Act
(5 U.S.C. App. 2). It provides advice to
the Secretary of Commerce on the
necessary elements of a comprehensive
policy approach to supply chain
competitiveness designed to support
U.S. export growth and national
economic competitiveness, encourage
PO 00000
Frm 00024
Fmt 4703
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40013
innovation, facilitate the movement of
goods, and improve the competitiveness
of U.S. supply chains for goods and
services in the domestic and global
economy; and provides advice to the
Secretary on regulatory policies and
programs and investment priorities that
affect the competitiveness of U.S.
supply chains. For more information
about the Committee visit: https://
www.trade.gov/acscc.
Matters to be Considered: Committee
members are expected to deliberate and
vote on Committee-drafted letters
outlining priority recommendations to
the Secretary of Commerce that have
been raised at the previous Committee
meetings, including recommendations
on supply chain resilience and
congestion, workforce development in
the trucking industry, data requirements
for internal U.S. shipments, and
digitalization of supply chains. These
letters will highlight the important
issues that the Committee recommends
that the Secretary of Commerce consider
to improve the competitiveness of U.S.
supply chains, facilitate new job growth
within the United States, and increase
U.S. exports. The Committee’s
subcommittees will report on the status
of their work regarding these topics. The
agenda may change to accommodate
other Committee business.
The Office of Supply Chain,
Professional & Business Services will
post the final agenda on the Committee
website https://www.trade.gov/acscc at
least one week prior to the meeting. The
WebEx and conference line will be open
to the public for comments on a firstcome, first-served basis. Access lines are
limited. The minutes of the meetings
and any recommendations adopted by
the Committee will be posted on the
Committee website within 60 days of
the meeting.
Dated: July 19, 2021.
Heather Sykes,
Director, Office of Supply Chain, Professional,
and Business Services.
[FR Doc. 2021–15750 Filed 7–23–21; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Open Meeting of the Information
Security and Privacy Advisory Board
National Institute of Standards
and Technology.
ACTION: Notice of open meeting.
AGENCY:
The Information Security and
Privacy Advisory Board (ISPAB) will
SUMMARY:
E:\FR\FM\26JYN1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 140 (Monday, July 26, 2021)]
[Notices]
[Pages 40008-40013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15889]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-831, A-274-808]
Urea Ammonium Nitrate Solutions From the Russian Federation and
the Republic of Trinidad and Tobago: Initiation of Less-Than-Fair-Value
Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable July 20, 2021.
FOR FURTHER INFORMATION CONTACT: Laura Griffith at (202) 482-6430 (the
Russian Federation (Russia)) or Lilit Astvatsatrian at (202) 482-6412
or Dakota Potts at (202) 482-0223 (the Republic of Trinidad and Tobago
(Trinidad and Tobago)); AD/CVD Operations, Offices III and IV,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On June 30, 2021, the Department of Commerce (Commerce) received
antidumping duty (AD) petitions (the Petitions) concerning imports of
Urea Ammonium Nitrate Solutions (UAN) from Russia and Trinidad and
Tobago, filed in proper form on behalf of CF Industries Nitrogen, LLC
and its subsidiaries, Terra Nitrogen, Limited Partnership and Terra
International (Oklahoma) LLC (collectively, the petitioner), domestic
producers of UAN.\1\ The Petitions were accompanied by countervailing
duty (CVD) petitions concerning imports of UAN from Russia and Trinidad
and Tobago.\2\
---------------------------------------------------------------------------
\1\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties: Urea Ammonium Nitrate
Solutions from the Russian Federation and the Republic of Trinidad
and Tobago,'' dated June 30, 2021 (the Petitions).
\2\ Id.
---------------------------------------------------------------------------
On July 2 and 6, 2021, Commerce requested supplemental information
pertaining to certain aspects of the Petitions.\3\ The petitioner filed
responses to these requests on July 7 and 8, 2021.\4\
---------------------------------------------------------------------------
\3\ See Commerce's Letters, ``Petition for the Imposition of
Antidumping Duties on Imports of Urea Ammonium Nitrate Solutions
from Trinidad and Tobago: Supplemental Questions,'' dated July 2,
2021; ``Petitions for the Imposition of Antidumping and
Countervailing Duties on Imports of Urea Ammonium Nitrate Solutions
from Russia and Trinidad and Tobago: Supplemental Questions,'' dated
July 6, 2021 (General Issues Supplement Questions); and ``Petition
for the Imposition of Antidumping Duties on Imports of Urea Ammonium
Nitrate Solutions from the Russian Federation: Supplemental
Questions,'' dated July 6, 2021.
\4\ See Petitioner's Letters, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Urea Ammonium
Nitrate Solutions from Russia and Trinidad and Tobago: Petitioner's
Response to the Department's General Issues Questionnaire,'' dated
July 8, 2021 (General Issues Supplement); ``Petition for the
Imposition of Antidumping Duties on Imports of Urea Ammonium Nitrate
Solutions from Trinidad and Tobago: Petitioner's Response to the
Department's Supplemental Questions,'' dated July 7, 2021; and
``Petition for the Imposition of Antidumping Duties on Imports of
Urea Ammonium Nitrate Solutions from the Russian Federation:
Petitioner's Response to the Department's Supplemental Questions,''
dated July 8, 2021 (Russia AD Supplement).
---------------------------------------------------------------------------
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of UAN from
Russia and Trinidad and Tobago are being, or are likely to be, sold in
the United States at less than fair value (LTFV) within the meaning of
section 731 of the Act, and that imports of such products are
materially injuring, or threatening material injury to, the UAN
industry in the United States. Consistent with section 732(b)(1) of the
Act, the Petitions are accompanied by information reasonably available
to the petitioner supporting its allegations.
Commerce finds that the petitioner filed the Petitions on behalf of
the domestic industry, because the petitioner is an interested party,
as defined in section 771(9)(C) of the Act. Commerce also finds that
the petitioner demonstrated sufficient industry support for the
initiation of the requested AD investigations.\5\
---------------------------------------------------------------------------
\5\ See infra, section on ``Determination of Industry Support
for the Petitions.''
---------------------------------------------------------------------------
Periods of Investigation
Because the Petitions were filed on June 30, 2021, the period of
investigation (POI) for the Russia and Trinidad and Tobago AD
investigations is April 1, 2020, through March 31, 2021, pursuant to 19
CFR 351.204(b)(1). The petitioner argued that Commerce should determine
in this investigation that Russia is a nonmarket economy (NME) within
the meaning of section 771(18)(A) of the Act and should calculate
normal value (NV) for Russia in accordance with its NME methodology.\6\
Under that allegation,
[[Page 40009]]
the appropriate POI is October 1, 2020, through March 31, 2021.
---------------------------------------------------------------------------
\6\ See Petitions at Volume II at II-6 through II-28 and
Exhibits II-22 through II-72.
---------------------------------------------------------------------------
Scope of the Investigations
The product covered by these investigations is UAN from Russia and
Trinidad and Tobago. For a full description of the scope of these
investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
On July 6, 2021, Commerce requested further information and
clarification from the petitioner regarding the proposed scope to
ensure that the scope language in the Petitions is an accurate
reflection of the products for which the domestic industry is seeking
relief.\7\ On July 8, 2021, the petitioner revised the scope.\8\ The
description of merchandise covered by these investigations, as
described in the appendix to this notice, reflects these
clarifications.
---------------------------------------------------------------------------
\7\ See General Issues Supplement Questions at 3.
\8\ See General Issues Supplement at I-1 and I-2.
---------------------------------------------------------------------------
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period of time for interested parties to raise issues
regarding product coverage (i.e., scope).\9\ Commerce will consider all
comments received from interested parties and, if necessary, will
consult with interested parties prior to the issuance of the
preliminary determinations. If scope comments include factual
information,\10\ all such factual information should be limited to
public information. To facilitate preparation of its questionnaires,
Commerce requests that all interested parties submit such comments by
5:00 p.m. Eastern Time (ET) on August 9, 2021, which is 20 calendar
days from the signature date of this notice. Any rebuttal comments,
which may include factual information, must be filed by 5:00 p.m. ET on
August 19, 2021, which is 10 calendar days from the initial comment
deadline.
---------------------------------------------------------------------------
\9\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
---------------------------------------------------------------------------
Commerce requests that any factual information that parties
consider relevant to the scope of the investigations be submitted
during this period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party may contact Commerce and
request permission to submit the additional information. All such
submissions must be filed on the records of the concurrent AD and CVD
investigations.
Filing Requirements
All submissions to Commerce must be filed electronically using
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS).\11\ An electronically
filed document must be received successfully in its entirety by the
time and date it is due. Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information, until further notice.\12\
---------------------------------------------------------------------------
\11\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/help.aspx and a
handbook can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of UAN to be reported in
response to Commerce's AD questionnaires. This information will be used
to identify the key physical characteristics of the subject merchandise
in order to report the relevant costs of production accurately, as well
as to develop appropriate product-comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) General product
characteristics; and (2) product comparison criteria. We note that it
is not always appropriate to use all product characteristics as product
comparison criteria. We base product comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by manufacturers
to describe UAN, it may be that only a select few product
characteristics take into account commercially meaningful physical
characteristics. In addition, interested parties may comment on the
order in which the physical characteristics should be used in matching
products. Generally, Commerce attempts to list the most important
physical characteristics first and the least important characteristics
last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on August 9,
2021, which is 20 calendar days from the signature date of this notice.
Any rebuttal comments must be filed by 5:00 p.m. ET on August 19, 2021.
All comments and submissions to Commerce must be filed electronically
using ACCESS, as explained above, on the record of each of the AD
investigations.
Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
Poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\13\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different
[[Page 40010]]
definitions of the like product, such differences do not render the
decision of either agency contrary to law.\14\
---------------------------------------------------------------------------
\13\ See section 771(10) of the Act.
\14\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigations.\15\ Based on our analysis of the information
submitted on the record, we have determined that UAN, as defined in the
scope, constitutes a single domestic like product, and we have analyzed
industry support in terms of that domestic like product.\16\
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\15\ See Petitions at Volume I at I-15 through I-19 and Exhibits
I-3, I-8, I-12, I-14, I-18, and I-25--I-27.
\16\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Checklists, ``Antidumping Duty Investigation Initiation
Checklists: Urea Ammonium Nitrate Solutions from the Russian
Federation and the Republic of Trinidad and Tobago,'' (Country-
Specific AD Initiation Checklists) at Attachment II, Analysis of
Industry Support for the Antidumping and Countervailing Duty
Petitions Covering Urea Ammonium Nitrate Solutions from the Russian
Federation and the Republic of Trinidad and Tobago (Attachment II).
These checklists are dated concurrently with this notice and on file
electronically via ACCESS.
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In determining whether the petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioner provided its
own 2020 production of the domestic like product.\17\ Additionally, the
petitioner provided letters of support from other producers of UAN,
stating their support for the Petitions and providing their own
production of the domestic like product in 2020.\18\ The petitioner
also provided the 2020 production of the entire U.S. industry using
published monthly 2020 U.S. UAN production data.\19\ The petitioner
added its 2020 UAN production to that of the domestic producers
expressing support for the petitions, and compared the total to the
2020 U.S. UAN production data.\20\ We relied on the data provided by
the petitioner for purposes of measuring industry support.\21\
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\17\ See Petitions at Volume I at I-4 through I-5 and Exhibit I-
6.
\18\ See Petitions at Volume I at I-4 and Exhibits I-5 and I-6.
\19\ See Petitions at Volume I at I-4 and Exhibit I-6; see also
General Issues Supplement at I-3 through I-4 and Exhibits I-49, I-
51, I-52.
\20\ See Petitions at Volume I at I-4 through I-5 and Exhibits
I-6 and I-7; see also General Issues Supplement at I-3 through I-4
and Exhibits I-51, and I-52.
\21\ See Petitions at Volume I at I-4 through I-5 and Exhibits
I-1, I-2, and I-5 through I-7; see also General Issues Supplement at
I-3 through I-4 and Exhibits I-49 through I-52.
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Our review of the data provided in the Petitions, the General
Issues Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petitions.\22\ First, the Petitions established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as such, Commerce is not
required to take further action in order to evaluate industry support
(e.g., polling).\23\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
732(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petitions account for at least 25 percent of the total
production of the domestic like product.\24\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petitions account for more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petitions.\25\ Accordingly, Commerce determines that the Petitions
were filed on behalf of the domestic industry within the meaning of
section 732(b)(1) of the Act.\26\
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\22\ Id. For further discussion, see Attachment II of the
Country-Specific AD Initiation Checklists.
\23\ Id.; see also section 732(c)(4)(D) of the Act.
\24\ See Attachment II of the Country-Specific AD Initiation
Checklists.
\25\ Id.
\26\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioner alleges that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\27\
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\27\ See Petitions at Volume I at I-24 through I-25 and Exhibit
I-32.
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The petitioner contends that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
impacts on market share; underselling and price suppression; lost sales
and revenues; flatlined production, capacity utilization, and
employment variables; and declining financial performance.\28\ We
assessed the allegations and supporting evidence regarding material
injury, threat of material injury, causation, as well as negligibility,
and we have determined that these allegations are properly supported by
adequate evidence, and meet the statutory requirements for
initiation.\29\ In accordance with section 771(7)(G)(ii)(III) of the
Act, which provides an exception to the mandatory cumulation provision
for imports from any country designated as a beneficiary country under
the Caribbean Basin Economic Recovery Act (CBERA), we considered the
petitioner's allegation of injury with respect to Trinidad and Tobago,
a designated beneficiary under CBERA, independently of the allegation
for Russia and found that the information provided satisfies the
requirements for initiation.\30\
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\28\ See Petitions at Volume I at I-20 through I-40 and Exhibits
I-2, I-3, I-10, I-12, I-24, I-26, and I-28 through I-48.
\29\ See Country-Specific AD Initiation Checklists at Attachment
III, Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Urea Ammonium Nitrate Solutions from the Russian Federation
and the Republic of Trinidad and Tobago (Attachment III).
\30\ Id.
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate AD investigations of
imports of UAN from Russia and Trinidad and Tobago. The sources of data
for the deductions and adjustments relating to U.S. price and NV are
discussed in greater detail in the Country-Specific AD Initiation
Checklists.
U.S. Price
For Russia and Trinidad and Tobago, the petitioner based export
price (EP) on transaction-specific average unit values (AUVs) derived
from official import statistics for imports under HTSUS subheading
3102.80.0000 obtained from the ITC's Dataweb and tied to ship
[[Page 40011]]
manifest data.\31\ The petitioner made certain adjustments to U.S.
price to calculate a net ex-factory U.S. price.\32\
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\31\ See Country-Specific AD Initiation Checklists.
\32\ Id.
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Normal Value \33\
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\33\ In accordance with section 773(b)(2) of the Act, for the
Russia and Trinidad and Tobago investigations, Commerce will request
information necessary to calculate the constructed value (CV) and
cost of production (COP) to determine whether there are reasonable
grounds to believe or suspect that sales of the foreign like product
have been made at prices that represent less than the COP of the
product.
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For Trinidad and Tobago, the petitioner stated that home market
prices were not available and, as such, based NV on third country
prices using Canadian import AUVs for the POI.\34\
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\34\ See Trinidad and Tobago AD Initiation Checklist.
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For Russia, the petition included NV using both the NME and market
economy (ME) methodologies.\35\ The petitioner based the ME NV on
Russian UAN prices derived from an information subscription service
that tracks energy and commodity prices.\36\ The petition based the NME
NV on factors of production (FOPs) valued in a surrogate market economy
country in accordance with section 773(c) of the Act.\37\ The
petitioner claims that Poland is an appropriate surrogate country for
Russia because Poland is a market economy country that is at a level of
economic development comparable to that of Russia and is a significant
producer of identical merchandise.\38\ The petitioner provided publicly
available information from Poland to value all FOPs.\39\ Based on the
petitioner's allegation and information provided in the petition,
Poland was used for initiation purposes.
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\35\ See Russia AD Initiation Checklist.
\36\ Id.
\37\ Id.
\38\ See Petitions at Volume II at II-29 and Exhibits II-73
through II-75.
\39\ See Petitions at Volume II at II-30 through II-31 and
Exhibits II-77 through II-81; see also Russia AD Supplement at II-3
through II-4 and Exhibits II-88, II-90, and II-91.
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Interested parties will have the opportunity to submit comments
regarding surrogate country selections and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determination.
Factors of Production
Because information regarding the volume of inputs consumed by
Russian producers/exporters was not reasonably available, the
petitioner used its own product-specific consumption rates as a
surrogate to value Russian manufacturers' FOPs.\40\ Additionally, the
petitioner calculated factory overhead; selling, general and
administrative expenses; and profit based on the experience of a Polish
producer of comparable merchandise.\41\
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\40\ See Petitions at Volume II at II-29 and II-30 and Exhibit
II-76; see also Russia AD Supplement at II-2 and II-3 and Exhibit
II-86.
\41\ See Petitions at Volume II at II-29 and II-30 and Exhibits
II-77 through II-81; see also Russia AD Supplement at II-3 and II-4
and Exhibits II-88 and II-91.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of UAN from Russia and Trinidad and Tobago are
being, or are likely to be, sold in the United States at LTFV. Based on
comparisons of EP to NV in accordance with sections 772 and 773 of the
Act, the estimated dumping margin for UAN from Trinidad and Tobago is
158.81 percent.\42\ Under the ME methodology, the estimated dumping
margins for UAN from Russia are 169.96 percent and 391.65 percent for
purposes of initiation. In light of the petitioner's allegation in the
petition that Russia is an NME, under its NME methodology, the
estimated dumping margins for UAN from Russia are 245.98 percent and
433.37 percent for purposes of initiation.\43\
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\42\ See Country-Specific AD Initiation Checklist for details of
these margin calculations.
\43\ See Country-Specific AD Initiation Checklist for details of
these margin calculations.
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Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating AD investigations to determine
whether imports of UAN from Russia and Trinidad and Tobago are being,
or are likely to be, sold in the United States at LTFV. In accordance
with section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless
postponed, we will make our preliminary determinations no later than
140 days after the date of this initiation.
Respondent Selection
Russia
In the Petitions, the petitioner identified four companies as
producers/exporters of UAN in Russia (i.e., EuroChem, Acron Group
(Acron), PJSC Kuibyshev Azot, and SBU Azot). We intend to issue
quantity and value (Q&V) questionnaires to each potential respondent in
Russia identified in the Petitions. In the event Commerce determines
that the number of companies is large and it cannot individually
examine each company based upon Commerce's resources, where
appropriate, Commerce intends to select mandatory respondents based on
responses to the Q&V questionnaires.
Producers/exporters of UAN from Russia that do not receive Q&V
questionnaires by mail may still submit a response to the Q&V
questionnaire and can obtain a copy of the Q&V questionnaire from
Enforcement and Compliance (E&C)'s website at https://enforcement.trade.gov/questionnaires/questionnaires-ad.html. The Q&V
response must be submitted by the relevant exporters/producers in
Russia no later than 5:00 p.m. ET on August 3, 2021, which is two weeks
from the signature date of this notice. All Q&V responses must be filed
electronically via ACCESS.
Trinidad and Tobago
In the Petitions, the petitioner identified one company in Trinidad
and Tobago as producer/exporter of UAN (i.e., Methanol Holdings
(Trinidad) Limited) and provided independent, third party information
for support.\44\ We currently know of no additional producers or
exporters of UAN from Trinidad and Tobago. Accordingly, Commerce
intends to individually examine all known producers and exporters in
the investigation of UAN from Trinidad and Tobago ((i.e., Methanol
Holdings (Trinidad) Limited).
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\44\ See Petitions at Volume I at I-14 and Exhibit I-4; see also
Petitions at Volume IV at Exhibit IV-7.
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Parties wishing to comment on respondent selection for Trinidad and
Tobago must do so within three business days of the publication of this
notice in the Federal Register. Commerce will not accept rebuttal
comments regarding respondent selection for Trinidad and Tobago.
Comments on respondent selection must be filed electronically using
ACCESS. An electronically-filed document must be received successfully
in its entirety via ACCESS by 5:00 p.m. ET on the specified deadline.
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at https://enforcement.trade.gov/apo.
Separate Rates
Upon applying an NME methodology, Commerce will consider assigning
separate rates to exporters and producers. In order to obtain separate-
[[Page 40012]]
rate status in an NME investigation, exporters and producers must
submit a separate-rate application.\45\ The specific requirements for
submitting a separate-rate application in an NME investigation are
outlined in detail in the application itself, which will be available
on E&C's website at https://enforcement.trade.gov/nme/nme-sep-rate.html.
The separate-rate application will be due 30 days after publication of
this initiation notice.\46\ Exporters and/or producers who submit a
separate-rate application and have been selected as mandatory
respondents will be eligible for consideration for separate-rate status
only if they respond to all parts of Commerce's AD questionnaire as
mandatory respondents. Commerce requires that respondents from Russia
submit a response to both the Q&V questionnaire and the separate-rate
application by the respective deadlines in order to receive
consideration for separate-rate status. Companies not filing a timely
Q&V questionnaire response will not receive separate rate
consideration.
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\45\ See Policy Bulletin 05.1: ``Separate-Rates Practice and
Application of Combination Rates in Antidumping Investigation
involving NME Countries,'' (April 5, 2005), available at https://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 05.1).
\46\ Although in past investigations this deadline was 60 days,
consistent with 19 CFR 351.301(a), which states that ``the Secretary
may request any person to submit factual information at any time
during a proceeding,'' this deadline is now 30 days.
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Use of Combination Rates
Upon applying an NME methodology, Commerce will calculate
combination rates for certain respondents that are eligible for a
separate rate in an NME investigation. The Separate Rates and
Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that {Commerce{time} will now
assign in its NME Investigation will be specific to those producers
that supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period
of investigation. This practice applies both to mandatory
respondents receiving an individually calculated separate rate as
well as the pool of non-investigated firms receiving the weighted-
average of the individually calculated rates. This practice is
referred to as the application of ``combination rates'' because such
rates apply to specific combinations of exporters and one or more
producers. The cash-deposit rate assigned to an exporter will apply
only to merchandise both exported by the firm in question and
produced by a firm that supplied the exporter during the period of
investigation.\47\
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\47\ See Policy Bulletin 05.1 at 6 (emphasis added).
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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 Russia and Trinidad and Tobago via
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
Commerce will notify the ITC of its initiation, as required by
section 732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that subject imports are materially injuring or threatening
material injury to a U.S. industry.\48\ A negative ITC determination
for any country will result in the investigation being terminated with
respect to that country.\49\ Otherwise, these AD investigations will
proceed according to statutory and regulatory time limits.
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\48\ See section 733(a) of the Act.
\49\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (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 Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \50\ 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 seeks to rebut, clarify, or
correct.\51\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in these investigations.
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\50\ See 19 CFR 351.301(b).
\51\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV, stating that ``if a
particular market situation exists such that the cost of materials and
fabrication or other processing of any kind does not accurately reflect
the cost of production in the ordinary course of trade, the
administering authority may use another calculation methodology under
this subtitle or any other calculation methodology.'' When an
interested party submits a PMS allegation pursuant to section 773(e) of
the Act, Commerce will respond to such a submission consistent with 19
CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section
773(e) of the Act, then it will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set
a deadline for the submission of PMS allegations and supporting factual
information. However, in order to administer section 773(e) of the Act,
Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of a respondent's initial
section D questionnaire response.
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301. For submissions that are due
from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, Commerce may elect to specify a different
time limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, Commerce will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, stand-alone submission; Commerce will grant untimely filed
requests for the
[[Page 40013]]
extension of time limits only in limited cases where we determine,
based on 19 CFR 351.302, that extraordinary circumstances exist.
Parties should review Extension of Time Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information
in these investigations.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\52\
Parties must use the certification formats provided in 19 CFR
351.303(g).\53\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\52\ See section 782(b) of the Act.
\53\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing the required letter of
appearance).
This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: July 20, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix--Scope of the Investigations
The merchandise covered by these investigations is all mixtures
of urea and ammonium nitrate in aqueous or ammonia solution,
regardless of nitrogen concentration by weight, and regardless of
the presence of additives, such as corrosion inhibiters and soluble
micro or macronutrients (UAN).
Subject merchandise includes merchandise matching the above
description that has been processed in a third country, including by
commingling, diluting, adding or removing additives, or performing
any other processing that would not otherwise remove the merchandise
from the scope of the investigations if performed in the subject
country.
The scope also includes UAN that is commingled with UAN from
sources not subject to these investigations. Only the subject
component of such commingled products is covered by the scope of
these investigations.
The covered merchandise is currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS) at
subheading 3102.80.0000. Although the HTSUS subheading is provided
for convenience and customs purposes, the written description of the
scope is dispositive.
[FR Doc. 2021-15889 Filed 7-23-21; 8:45 am]
BILLING CODE 3510-DS-P
