Urea Ammonium Nitrate Solutions From the Russian Federation and the Republic of Trinidad and Tobago: Initiation of Countervailing Duty Investigations, 40004-40008 [2021-15890]

Download as PDF 40004 Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Notices SUPPLEMENTARY INFORMATION: LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE [6/25/2021 through 7/8/2021] Date accepted for investigation Firm name Firm address Superior Tool Service, Inc ....................... 722 East Zimmerly Street, Wichita, KS 67211. 7314 Chancellor Drive, Cedar Falls, IA 50613. 2615 West Esthner Court, Wichita, KS 67213. 1261 Humbracht Circle, Bartlett, IL 60103. 5390 Triangle Parkway, Peachtree Corners, GA 30092. Kryton Engineered Metals, Inc ................ R&R Holdings, Inc. d/b/a R&R Aerospace. The EDM Department, Inc. d/b/a EDM Intelligent Solutions. NanoLumens, Inc .................................... Any party having a substantial interest in these proceedings may request a public hearing on the matter. A written request for a hearing must be submitted to the Trade Adjustment Assistance Division, Room 71030, Economic Development Administration, U.S. Department of Commerce, Washington, DC 20230, no later than ten (10) calendar days following publication of this notice. These petitions are received pursuant to section 251 of the Trade Act of 1974, as amended. Please follow the requirements set forth in EDA’s regulations at 13 CFR 315.8 for procedures to request a public hearing. The Catalog of Federal Domestic Assistance official number and title for the program under which these petitions are submitted is 11.313, Trade Adjustment Assistance for Firms. Bryan Borlik, Director. [FR Doc. 2021–15876 Filed 7–23–21; 8:45 am] BILLING CODE 3510–WH–P 6/25/2021 6/30/2021 7/6/2021 7/6/2021 7/7/2021 International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4793, (202) 482–3315, and (202) 482–3609, respectively. SUPPLEMENTARY INFORMATION: The Petitions On June 30, 2021, the U.S. Department of Commerce (Commerce) received countervailing duty (CVD) petitions concerning imports of urea ammonium nitrate solutions (UAN) from the Russian Federation (Russia) and the Republic of Trinidad and Tobago (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), a domestic producer of UAN.1 On July 6 and 13, 2021, Commerce requested supplemental information pertaining to certain aspects of the Petitions.2 The petitioner filed DEPARTMENT OF COMMERCE International Trade Administration [C–821–832, C–274–809] Urea Ammonium Nitrate Solutions From the Russian Federation and the Republic of Trinidad and Tobago: Initiation of Countervailing Duty Investigations Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable July 20, 2021. FOR FURTHER INFORMATION CONTACT: Kristen Johnson and John Hoffner (Russia) or Ariela Garvett (Trinidad and Tobago), AD/CVD Operations, Offices III and IV, Enforcement and Compliance, jbell on DSKJLSW7X2PROD with NOTICES AGENCY: VerDate Sep<11>2014 17:10 Jul 23, 2021 Jkt 253001 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 See Commerce’s Letters, ‘‘Petition for the Imposition of Countervailing Duties on Imports of Urea Ammonium Nitrate Solutions from Russia: Supplemental Questions,’’ dated July 6, 2021 (General Issues Questionnaire Russia); ‘‘Petition for the Imposition of Countervailing Duties on Imports of Urea Ammonium Nitrate Solutions from Russia: Supplemental Questions,’’ dated July 6, 2021; ‘‘Petition for the Imposition of Countervailing Duties on Imports of Urea Ammonium Nitrate Solutions from Trinidad and Tobago: Supplemental Questions,’’ dated July 6, 2021 (General Issues Questionnaire Trinidad and Tobago); and ‘‘Petition for the Imposition of Countervailing Duties on Imports of Urea Ammonium Nitrate Solutions from Russia: Supplemental Questionnaire on the Provision of Phosphate Mining Rights for Less Than Adequate Remuneration,’’ dated July 13, 2021. PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 Product(s) The firm manufactures cutting tools for metal working and drill bits. The firm manufactures miscellaneous metal parts. The firm manufactures aerospace parts and assemblies. The firm manufactures miscellaneous metal parts. The firm manufactures digital display screens. responses to these requests on July 8 and 14, 2021.3 In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that the Government of Russia (GOR) and the Government of Trinidad and Tobago (GOTT) are providing countervailable subsidies, within the meaning of sections 701 and 771(5) of the Act, to producers of UAN in Russia and Trinidad and Tobago, and that such imports are materially injuring, or threatening material injury to, the domestic industry producing UAN in the United States. Consistent with section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs on which we are initiating CVD investigations, the Petitions were 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 3 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 Countervailing Duties on Imports of Urea Ammonium Nitrate Solutions from Russia: Response to the Department’s Supplemental Questions,’’ dated July 8, 2021; ‘‘Petition for the Imposition of Countervailing Duties on Imports of Urea Ammonium Nitrate Solutions from the Republic of Trinidad and Tobago: Petitioner’s Response to the Department’s Supplemental Questions,’’ dated July 8, 2021; and ‘‘Petition for the Imposition of Countervailing Duties on Imports of Urea Ammonium Nitrate Solutions from Russia: Petitioner’s Response to the Department’s Second Supplemental Questionnaire’’ dated July 14, 2021. E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Notices support with respect to the initiation of the requested CVD investigations.4 Periods of Investigation Because the Petitions were filed on June 30, 2021, the periods of investigation (POI) are January 1, 2020, through December 31, 2020.5 Scope of the Investigations The merchandise covered by these investigations are 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 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.6 On July 8, 2021, the petitioner revised the scope.7 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 for interested parties to raise issues regarding product coverage (i.e., scope).8 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,9 all such factual information should be limited to public information. To facilitate preparation of its questionnaires, Commerce requests that all interested parties submit scope 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 ten calendar days from the initial comment deadline.10 Commerce requests that any factual information the parties consider relevant to the scope of the 4 See ‘‘Determination of Industry Support for the Petitions’’ section, infra. 5 See 19 CFR 351.204(b)(2). 6 See General Issues Questionnaire Russia at 3; see also General Issues Questionnaire Trinidad and Tobago at 3. 7 See General Issues Supplement at I–1 and I–2. 8 See Countervailing Duties, 62 FR 27323 (May 19, 1997) (Preamble). 9 See 19 CFR 351.102(b)(21) (defining ‘‘factual information’’). 10 See 19 CFR 351.303(b). VerDate Sep<11>2014 17:10 Jul 23, 2021 Jkt 253001 investigations be submitted during this time 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 comments must be filed on the record of the concurrent antidumping (AD) 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), unless an exception applies.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 Consultations Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce notified the GOR and the GOTT of the receipt of the Petitions and provided it the opportunity for consultations with respect to the Petitions.13 Commerce held consultations with the GOR and the GOTT on July 12, 2021, and July 14, 2021, respectively.14 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 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%20on %20Electronic%20Filling%20Procedures.pdf. 12 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 13 See Commerce’s Letter, ‘‘Countervailing Duty Petition on Urea Ammonium Nitrate Solutions (UAN) from the Russian Federation: Invitation for Consultations,’’ dated June 30, 2021; and Commerce’s Letter, ‘‘Countervailing Duty Petition on Urea Ammonium Nitrate Solutions (UAN) from the Republic of Trinidad and Tobago: Invitation for Consultations,’’ dated June 30, 2021. 14 See Memoranda, ‘‘Countervailing Duty Petition on Urea Ammonium Nitrate Solutions from the Russian Federation: Consultations with Officials from the Government of Russia,’’ dated July 13, 2021; and ‘‘Countervailing Duty Petition on Urea Ammonium Nitrate Solutions from the Republic of Trinidad and Tobago: Consultations with Officials from the Government of Trinidad and Tobago,’’ dated July 14, 2021. PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 40005 Determination of Industry Support for the Petitions Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(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 702(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,15 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 definitions of the like product, such differences do not render the decision of either agency contrary to law.16 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 15 See section 771(10) of the Act. 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)). 16 See E:\FR\FM\26JYN1.SGM 26JYN1 40006 Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Notices jbell on DSKJLSW7X2PROD with NOTICES 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.17 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.18 In determining whether the petitioner has standing under section 702(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.19 Additionally, the petitioner provided letters of support from other producers of UAN, stating their support for the Petitions and providing their own production, or estimated production, of the domestic like product in 2020.20 The petitioner also provided the 2020 production of the entire U.S. industry using published monthly 2020 U.S. UAN production data.21 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.22 We relied on the data provided by the petitioner for purposes of measuring industry support.23 17 See Volume I of the Petitions at I–15 through I–19 and Exhibits I–3, I–8, I–12, I–14, I–18, and I–25 through I–27. 18 For a discussion of the domestic like product analysis as applied to these cases and information regarding industry support, see Checklists, ‘‘Countervailing Duty Investigation Initiation Checklists: Urea Ammonium Nitrate Solutions from the Russian Federation and the Republic of Trinidad and Tobago (Country-Specific CVD 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. 19 See Volume I of the Petitions at I–4 through I–5 and Exhibit I–6. 20 See Volume I of the Petitions at I–4 and Exhibits I–5 and I–6. 21 See Volume I of the Petitions at I–4 and Exhibit I–6; see also General Issues Supplement at I–3 through I–4 and Exhibits I–49, I–51, and I–52. 22 See Volume I of the Petitions 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. 23 See Volume I of the Petitions at I–4 through I– 5 and Exhibits I–1, I–2, and I–5 through I–7; see VerDate Sep<11>2014 17:10 Jul 23, 2021 Jkt 253001 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.24 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).25 Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(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.26 Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(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.27 Accordingly, Commerce determines that the Petitions were filed on behalf of the domestic industry within the meaning of section 702(b)(1) of the Act.28 Injury Test Because Russia and Trinidad and Tobago are ‘‘Subsidies Agreement Countries’’ within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to this investigation. Accordingly, the ITC must determine whether imports of the subject merchandise from Russia and Trinidad and Tobago materially injure, or threaten material injury to, a U.S. industry. Allegations and Evidence of Material Injury and Causation The petitioner alleges that imports of the subject merchandise are benefitting from countervailable subsidies and that such imports are causing, or threaten to cause, material injury to the U.S. industry producing the domestic like product. In addition, the petitioner alleges that subject imports exceed the also General Issues Supplement at I–3 through I– 4 and Exhibits I–49 through I–52. 24 Id. For further discussion, see Attachment II of the Country-Specific CVD Initiation Checklists. 25 Id.; see also section 702(c)(4)(D) of the Act. 26 See Attachment II of the Country-Specific CVD Initiation Checklists. 27 Id. 28 Id. PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 negligibility threshold provided for under section 771(24)(A) of the Act.29 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.30 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.31 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.32 Initiation of CVD Investigations Based upon the examination of the Petitions on UAN from Russia and Trinidad and Tobago, we find that the Petitions meet the requirements of section 702 of the Act. Therefore, we are initiating CVD investigations to determine whether imports of UAN from Russia and Trinidad and Tobago benefit from countervailable subsidies conferred by the GOR and the GOTT, respectively. In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determinations no later than 65 days after the date of this initiation. Russia Based on our review of the Petitions, we find that there is sufficient information to initiate a CVD investigation on all the alleged 29 See Volume I of the Petitions at I–24 through I–25 and Exhibit I–32. 30 See Volume I of the Petitions 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. 31 See Country-Specific CVD 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). 32 Id. E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Notices programs. For a full discussion of the basis for our decision to initiate on each program, see the Russia Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. jbell on DSKJLSW7X2PROD with NOTICES Trinidad and Tobago Based on our review of the Petitions, we find that there is sufficient information to initiate a CVD investigation on all the alleged programs. For a full discussion of the basis for our decision to initiate on each program, see the Trinidad and Tobago Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. Respondent Selection The petitioner named four companies in Russia and one company in Trinidad and Tobago as producers/exporters of UAN.33 Commerce intends to follow its standard practice in CVD investigations and calculate company-specific subsidy rates in these investigations. With respect to Russia, in the event Commerce determines that the number of companies is large and it cannot individually examine each company based upon Commerce’s resources, Commerce intends to select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports of UAN from Russia during the POI under the appropriate Harmonized Tariff Schedule of the United States numbers listed in the ‘‘Scope of the Investigation,’’ in the appendix. On July 9, 2021, Commerce released CBP data for U.S. imports of UAN from Russia under Administrative Protective Order (APO) to all parties with access to information protected by APO and indicated that interested parties wishing to comment regarding the CBP data and respondent selection must do so within three business days of the publication date of the notice of initiation.34 Commerce will not accept rebuttal comments regarding the CBP data or respondent selection. 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. With respect to Trinidad and Tobago, although Commerce normally relies on import data from CBP to determine whether to select a limited number of 33 See Volume III of the Petitions at III–2; see also Volume V of the Petitions at V–2. 34 See Memorandum, ‘‘Countervailing Duty Petition on UAN from Russia: Release of Customs Data from U.S. Customs and Border Protection,’’ dated July 9, 2021. VerDate Sep<11>2014 17:10 Jul 23, 2021 Jkt 253001 producers/exporters for individual examination in CVD investigations, the petitioner identified only one company as a producer/exporter of UAN in Trinidad and Tobago, Methanol Holdings (Trinidad) Limited (MHTL), and provided information from independent sources as support.35 Furthermore, we currently know of no additional producers/exporters of UAN from Trinidad and Tobago. Accordingly, Commerce intends to examine the only known producer/exporter in the Trinidad and Tobago investigation (i.e., MHTL). Interested parties wishing to comment on respondent selection for the Trinidad and Tobago investigation must do so within three business days of the publication date of this notice of initiation. Comments must be filed electronically using ACCESS. An electronically filed document must be received successfully, in its entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above, unless an exception applies. Commerce intends to finalize its decision regarding respondent selection within 20 days of the publication of this notice. Distribution of Copies of the Petitions In accordance with section 702(b)(4)(A) of the Act and 19 CFR 351.202(f), a copy of the public version of the Petitions has been provided to the GOR and GOTT via ACCESS. Furthermore, to the extent practicable, Commerce 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 702(d) of the Act. Preliminary Determination 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 imports of UAN from Russia and Trinidad and Tobago are materially injuring or threatening material injury to a U.S. industry.36 A negative ITC determination for any country will result in the investigation being terminated with respect to that country.37 Otherwise, the investigations will proceed according to statutory and regulatory time limits. PO 00000 35 See 36 See Volume V of the Petitions at V–1. section 703(a) of the Act. 37 Id. Frm 00018 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). Any party, when submitting factual information, must specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted 38 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.39 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. Parties wishing to submit factual information in these investigations are asked to review the regulations prior to submitting factual information in these investigations. 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, standalone submission; under limited circumstances Commerce will grant untimely-filed requests for the extension of time limits. Parties should review Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), 38 See 39 See Fmt 4703 Sfmt 4703 40007 E:\FR\FM\26JYN1.SGM 19 CFR 351.301(b). 19 CFR 351.301(b)(2). 26JYN1 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

Agencies

[Federal Register Volume 86, Number 140 (Monday, July 26, 2021)]
[Notices]
[Pages 40004-40008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15890]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-821-832, C-274-809]


Urea Ammonium Nitrate Solutions From the Russian Federation and 
the Republic of Trinidad and Tobago: Initiation of Countervailing Duty 
Investigations

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

DATES: Applicable July 20, 2021.

FOR FURTHER INFORMATION CONTACT: Kristen Johnson and John Hoffner 
(Russia) or Ariela Garvett (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; telephone: (202) 482-4793, (202) 482-3315, 
and (202) 482-3609, respectively.

SUPPLEMENTARY INFORMATION: 

The Petitions

    On June 30, 2021, the U.S. Department of Commerce (Commerce) 
received countervailing duty (CVD) petitions concerning imports of urea 
ammonium nitrate solutions (UAN) from the Russian Federation (Russia) 
and the Republic of Trinidad and Tobago (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), a domestic 
producer of UAN.\1\
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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).
---------------------------------------------------------------------------

    On July 6 and 13, 2021, Commerce requested supplemental information 
pertaining to certain aspects of the Petitions.\2\ The petitioner filed 
responses to these requests on July 8 and 14, 2021.\3\
---------------------------------------------------------------------------

    \2\ See Commerce's Letters, ``Petition for the Imposition of 
Countervailing Duties on Imports of Urea Ammonium Nitrate Solutions 
from Russia: Supplemental Questions,'' dated July 6, 2021 (General 
Issues Questionnaire Russia); ``Petition for the Imposition of 
Countervailing Duties on Imports of Urea Ammonium Nitrate Solutions 
from Russia: Supplemental Questions,'' dated July 6, 2021; 
``Petition for the Imposition of Countervailing Duties on Imports of 
Urea Ammonium Nitrate Solutions from Trinidad and Tobago: 
Supplemental Questions,'' dated July 6, 2021 (General Issues 
Questionnaire Trinidad and Tobago); and ``Petition for the 
Imposition of Countervailing Duties on Imports of Urea Ammonium 
Nitrate Solutions from Russia: Supplemental Questionnaire on the 
Provision of Phosphate Mining Rights for Less Than Adequate 
Remuneration,'' dated July 13, 2021.
    \3\ 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 Countervailing Duties on Imports of Urea Ammonium 
Nitrate Solutions from Russia: Response to the Department's 
Supplemental Questions,'' dated July 8, 2021; ``Petition for the 
Imposition of Countervailing Duties on Imports of Urea Ammonium 
Nitrate Solutions from the Republic of Trinidad and Tobago: 
Petitioner's Response to the Department's Supplemental Questions,'' 
dated July 8, 2021; and ``Petition for the Imposition of 
Countervailing Duties on Imports of Urea Ammonium Nitrate Solutions 
from Russia: Petitioner's Response to the Department's Second 
Supplemental Questionnaire'' dated July 14, 2021.
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    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that the Government of Russia 
(GOR) and the Government of Trinidad and Tobago (GOTT) are providing 
countervailable subsidies, within the meaning of sections 701 and 
771(5) of the Act, to producers of UAN in Russia and Trinidad and 
Tobago, and that such imports are materially injuring, or threatening 
material injury to, the domestic industry producing UAN in the United 
States. Consistent with section 702(b)(1) of the Act and 19 CFR 
351.202(b), for those alleged programs on which we are initiating CVD 
investigations, the Petitions were 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

[[Page 40005]]

support with respect to the initiation of the requested CVD 
investigations.\4\
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    \4\ See ``Determination of Industry Support for the Petitions'' 
section, infra.
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Periods of Investigation

    Because the Petitions were filed on June 30, 2021, the periods of 
investigation (POI) are January 1, 2020, through December 31, 2020.\5\
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    \5\ See 19 CFR 351.204(b)(2).
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Scope of the Investigations

    The merchandise covered by these investigations are 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 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.\6\ On July 8, 2021, the petitioner revised the scope.\7\ The 
description of merchandise covered by these investigations, as 
described in the appendix to this notice, reflects these 
clarifications.
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    \6\ See General Issues Questionnaire Russia at 3; see also 
General Issues Questionnaire Trinidad and Tobago at 3.
    \7\ See General Issues Supplement at I-1 and I-2.
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    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope).\8\ 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,\9\ all 
such factual information should be limited to public information. To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit scope 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 
ten calendar days from the initial comment deadline.\10\
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    \8\ See Countervailing Duties, 62 FR 27323 (May 19, 1997) 
(Preamble).
    \9\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \10\ See 19 CFR 351.303(b).
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    Commerce requests that any factual information the parties consider 
relevant to the scope of the investigations be submitted during this 
time 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 comments must be filed on 
the record of the concurrent antidumping (AD) 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), unless an exception 
applies.\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\
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    \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 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%20on%20Electronic%20Filling%20Procedures.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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Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce 
notified the GOR and the GOTT of the receipt of the Petitions and 
provided it the opportunity for consultations with respect to the 
Petitions.\13\ Commerce held consultations with the GOR and the GOTT on 
July 12, 2021, and July 14, 2021, respectively.\14\
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    \13\ See Commerce's Letter, ``Countervailing Duty Petition on 
Urea Ammonium Nitrate Solutions (UAN) from the Russian Federation: 
Invitation for Consultations,'' dated June 30, 2021; and Commerce's 
Letter, ``Countervailing Duty Petition on Urea Ammonium Nitrate 
Solutions (UAN) from the Republic of Trinidad and Tobago: Invitation 
for Consultations,'' dated June 30, 2021.
    \14\ See Memoranda, ``Countervailing Duty Petition on Urea 
Ammonium Nitrate Solutions from the Russian Federation: 
Consultations with Officials from the Government of Russia,'' dated 
July 13, 2021; and ``Countervailing Duty Petition on Urea Ammonium 
Nitrate Solutions from the Republic of Trinidad and Tobago: 
Consultations with Officials from the Government of Trinidad and 
Tobago,'' dated July 14, 2021.
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Determination of Industry Support for the Petitions

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(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 702(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,\15\ 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 definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\16\
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    \15\ See section 771(10) of the Act.
    \16\ 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

[[Page 40006]]

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.\17\ 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.\18\
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    \17\ See Volume I of the Petitions at I-15 through I-19 and 
Exhibits I-3, I-8, I-12, I-14, I-18, and I-25 through I-27.
    \18\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see Checklists, ``Countervailing Duty Investigation Initiation 
Checklists: Urea Ammonium Nitrate Solutions from the Russian 
Federation and the Republic of Trinidad and Tobago (Country-Specific 
CVD 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 
702(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.\19\ Additionally, the 
petitioner provided letters of support from other producers of UAN, 
stating their support for the Petitions and providing their own 
production, or estimated production, of the domestic like product in 
2020.\20\ The petitioner also provided the 2020 production of the 
entire U.S. industry using published monthly 2020 U.S. UAN production 
data.\21\ 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.\22\ We relied on the 
data provided by the petitioner for purposes of measuring industry 
support.\23\
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    \19\ See Volume I of the Petitions at I-4 through I-5 and 
Exhibit I-6.
    \20\ See Volume I of the Petitions at I-4 and Exhibits I-5 and 
I-6.
    \21\ See Volume I of the Petitions at I-4 and Exhibit I-6; see 
also General Issues Supplement at I-3 through I-4 and Exhibits I-49, 
I-51, and I-52.
    \22\ See Volume I of the Petitions 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.
    \23\ See Volume I of the Petitions 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.\24\ 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).\25\ Second, the domestic producers (or workers) have 
met the statutory criteria for industry support under section 
702(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.\26\ Finally, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 702(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.\27\ Accordingly, Commerce determines that the Petitions 
were filed on behalf of the domestic industry within the meaning of 
section 702(b)(1) of the Act.\28\
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    \24\ Id. For further discussion, see Attachment II of the 
Country-Specific CVD Initiation Checklists.
    \25\ Id.; see also section 702(c)(4)(D) of the Act.
    \26\ See Attachment II of the Country-Specific CVD Initiation 
Checklists.
    \27\ Id.
    \28\ Id.
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Injury Test

    Because Russia and Trinidad and Tobago are ``Subsidies Agreement 
Countries'' within the meaning of section 701(b) of the Act, section 
701(a)(2) of the Act applies to this investigation. Accordingly, the 
ITC must determine whether imports of the subject merchandise from 
Russia and Trinidad and Tobago materially injure, or threaten material 
injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioner 
alleges that subject imports exceed the negligibility threshold 
provided for under section 771(24)(A) of the Act.\29\
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    \29\ See Volume I of the Petitions 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.\30\ 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.\31\ 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.\32\
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    \30\ See Volume I of the Petitions 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.
    \31\ See Country-Specific CVD 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).
    \32\ Id.
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Initiation of CVD Investigations

    Based upon the examination of the Petitions on UAN from Russia and 
Trinidad and Tobago, we find that the Petitions meet the requirements 
of section 702 of the Act. Therefore, we are initiating CVD 
investigations to determine whether imports of UAN from Russia and 
Trinidad and Tobago benefit from countervailable subsidies conferred by 
the GOR and the GOTT, respectively. In accordance with section 
703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we 
will make our preliminary determinations no later than 65 days after 
the date of this initiation.

Russia

    Based on our review of the Petitions, we find that there is 
sufficient information to initiate a CVD investigation on all the 
alleged

[[Page 40007]]

programs. For a full discussion of the basis for our decision to 
initiate on each program, see the Russia Initiation Checklist. A public 
version of the initiation checklist for this investigation is available 
on ACCESS.

Trinidad and Tobago

    Based on our review of the Petitions, we find that there is 
sufficient information to initiate a CVD investigation on all the 
alleged programs. For a full discussion of the basis for our decision 
to initiate on each program, see the Trinidad and Tobago Initiation 
Checklist. A public version of the initiation checklist for this 
investigation is available on ACCESS.

Respondent Selection

    The petitioner named four companies in Russia and one company in 
Trinidad and Tobago as producers/exporters of UAN.\33\ Commerce intends 
to follow its standard practice in CVD investigations and calculate 
company-specific subsidy rates in these investigations.
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    \33\ See Volume III of the Petitions at III-2; see also Volume V 
of the Petitions at V-2.
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    With respect to Russia, in the event Commerce determines that the 
number of companies is large and it cannot individually examine each 
company based upon Commerce's resources, Commerce intends to select 
respondents based on U.S. Customs and Border Protection (CBP) data for 
U.S. imports of UAN from Russia during the POI under the appropriate 
Harmonized Tariff Schedule of the United States numbers listed in the 
``Scope of the Investigation,'' in the appendix.
    On July 9, 2021, Commerce released CBP data for U.S. imports of UAN 
from Russia under Administrative Protective Order (APO) to all parties 
with access to information protected by APO and indicated that 
interested parties wishing to comment regarding the CBP data and 
respondent selection must do so within three business days of the 
publication date of the notice of initiation.\34\ Commerce will not 
accept rebuttal comments regarding the CBP data or respondent 
selection. 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.
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    \34\ See Memorandum, ``Countervailing Duty Petition on UAN from 
Russia: Release of Customs Data from U.S. Customs and Border 
Protection,'' dated July 9, 2021.
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    With respect to Trinidad and Tobago, although Commerce normally 
relies on import data from CBP to determine whether to select a limited 
number of producers/exporters for individual examination in CVD 
investigations, the petitioner identified only one company as a 
producer/exporter of UAN in Trinidad and Tobago, Methanol Holdings 
(Trinidad) Limited (MHTL), and provided information from independent 
sources as support.\35\ Furthermore, we currently know of no additional 
producers/exporters of UAN from Trinidad and Tobago. Accordingly, 
Commerce intends to examine the only known producer/exporter in the 
Trinidad and Tobago investigation (i.e., MHTL). Interested parties 
wishing to comment on respondent selection for the Trinidad and Tobago 
investigation must do so within three business days of the publication 
date of this notice of initiation.
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    \35\ See Volume V of the Petitions at V-1.
---------------------------------------------------------------------------

    Comments must be filed electronically using ACCESS. An 
electronically filed document must be received successfully, in its 
entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above, 
unless an exception applies. Commerce intends to finalize its decision 
regarding respondent selection within 20 days of the publication of 
this notice.

Distribution of Copies of the Petitions

    In accordance with section 702(b)(4)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petitions has been 
provided to the GOR and GOTT via ACCESS.
    Furthermore, to the extent practicable, Commerce 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 702(d) of the Act.

Preliminary Determination 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 imports of UAN from Russia and Trinidad and Tobago are 
materially injuring or threatening material injury to a U.S. 
industry.\36\ A negative ITC determination for any country will result 
in the investigation being terminated with respect to that country.\37\ 
Otherwise, the investigations will proceed according to statutory and 
regulatory time limits.
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    \36\ See section 703(a) of the Act.
    \37\ 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). Any party, when submitting factual 
information, must specify under which subsection of 19 CFR 
351.102(b)(21) the information is being submitted \38\ 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.\39\ 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. Parties wishing to submit factual 
information in these investigations are asked to review the regulations 
prior to submitting factual information in these investigations.
---------------------------------------------------------------------------

    \38\ See 19 CFR 351.301(b).
    \39\ See 19 CFR 351.301(b)(2).
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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, standalone submission; under limited circumstances Commerce 
will grant untimely-filed requests for the extension of time limits. 
Parties should review Extension of Time Limits; Final Rule, 78 FR 57790 
(September 20, 2013),

[[Page 40008]]

available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.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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    \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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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).

    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. 2021-15890 Filed 7-23-21; 8:45 am]
BILLING CODE 3510-DS-P