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]

Download as PDF 40008 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. jbell on DSKJLSW7X2PROD with NOTICES 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. VerDate Sep<11>2014 17:10 Jul 23, 2021 Jkt 253001 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 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 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. E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Notices 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. jbell on DSKJLSW7X2PROD with NOTICES 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 VerDate Sep<11>2014 17:10 Jul 23, 2021 Jkt 253001 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). PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 40009 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 E:\FR\FM\26JYN1.SGM section 771(10) of the Act. 26JYN1 40010 Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Notices jbell on DSKJLSW7X2PROD with NOTICES 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. VerDate Sep<11>2014 17:10 Jul 23, 2021 Jkt 253001 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. PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 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. E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Notices 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. jbell on DSKJLSW7X2PROD with NOTICES 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. VerDate Sep<11>2014 17:10 Jul 23, 2021 Jkt 253001 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. PO 00000 Frm 00022 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 http://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. E:\FR\FM\26JYN1.SGM 26JYN1 40012 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 http://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 http:// 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 E:\FR\FM\26JYN1.SGM 26JYN1 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 http://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 http://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 Sfmt 4703 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 26JYN1

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\
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    \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\
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    \5\ See infra, section on ``Determination of Industry Support 
for the Petitions.''
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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.
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    \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.
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    \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\
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    \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)).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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\
---------------------------------------------------------------------------

    \27\ See Petitions at Volume I at I-24 through I-25 and Exhibit 
I-32.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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 http://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 http://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 http://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 http://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 
http://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