Urea Ammonium Nitrate Solutions From the Russian Federation: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With the Final Antidumping Duty Determination, 68635-68637 [2021-26313]
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Federal Register / Vol. 86, No. 230 / Friday, December 3, 2021 / Notices
instructions to CBP no earlier than 41
days after the date of publication of the
final results of this review in the
Federal Register, in accordance with 19
CFR 356.8(a).
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) The
cash deposit rate for each company
listed above will be that established in
the final results of this administrative
review, except if the rate is less than
0.50 percent, and therefore de minimis
within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for
previously reviewed or investigated
companies not listed above, the cash
deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding in which the company
participated; (3) if the exporter is not a
firm covered in this review, a prior
review, or in the investigation but the
producer is, the cash deposit rate will be
the rate established for the most recently
completed segment of this proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be the all-others rate of 20.58 percent,
the rate established in the investigation
of this proceeding.18 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
jspears on DSK121TN23PROD with NOTICES1
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
18 See
Steel Concrete Reinforcing Bar from
Mexico: Final Determination of Sales at Less Than
Fair Value and Final Affirmative Determination of
Critical Circumstances, 79 FR 54967 (September 15,
2014).
VerDate Sep<11>2014
18:06 Dec 02, 2021
Jkt 256001
sections 751(a)(1) and 777(i) of the Act,
and 19 CFR 351.213(h)(1).
Dated: November 29, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Application of Facts Available and Use of
Adverse Inferences
V. Margin for Companies Not Selected for
Individual Examination
VI. Discussion of the Methodology
VII. Recommendation
[FR Doc. 2021–26315 Filed 12–2–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–821–832]
Urea Ammonium Nitrate Solutions
From the Russian Federation:
Preliminary Affirmative Countervailing
Duty Determination and Alignment of
Final Determination With the Final
Antidumping Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
urea ammonium nitrate solutions (UAN)
from the Russian Federation (Russia) for
the period of investigation (POI) January
1, 2020, through December 31, 2020.
Interested parties are invited to
comment on this preliminary
determination.
AGENCY:
Applicable December 3, 2021.
FOR FURTHER INFORMATION CONTACT:
Kristen Johnson (Acron) and John
Hoffner and Laura Griffith (the
EuroChem Companies 1), AD/CVD
Operations, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
DATES:
1 For purposes of this investigation, the
EuroChem Companies are Mineral and Chemical
Company EuroChem, Joint Stock Company (MCC
EuroChem), Joint Stock Company Nevinnomyssky
Azot (Nevinka), and Azot, Joint Stock Company
(NAK Azot).
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
68635
(202) 482–4793, (202) 482–3315, and
(202) 482–6430, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on July 26, 2021.2 On August 24, 2021,
Commerce postponed the preliminary
determination of this investigation to
November 29, 2021.3 For a complete
description of events that followed the
initiation of this investigation, see the
Preliminary Decision Memorandum.4 A
list of topics discussed in the
Preliminary Decision Memorandum is
included as Appendix II to this notice.
The Preliminary Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Scope of the Investigation
The product covered by this
investigation is UAN from Russia. For a
complete description of the scope of the
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,5 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage, (i.e., scope).6 No interested
party commented on the scope of the
investigation as it appeared in the
Initiation Notice.
Methodology
Commerce is conducting this
investigation in accordance with section
2 See Urea Ammonium Nitrate Solutions from the
Russian Federation and the Republic of Trinidad
and Tobago: Initiation of Countervailing Duty
Investigations, 86 FR 40004 (July 26, 2021)
(Initiation Notice).
3 See Urea Ammonium Nitrate Solutions from the
Russian Federation and the Republic of Trinidad
and Tobago: Postponement of Preliminary
Determinations in the Countervailing Duty
Investigations, 86 FR 47296 (August 24, 2021).
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination in the
Countervailing Duty Investigation of Urea
Ammonium Nitrate Solutions from the Russian
Federation,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
5 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
6 See Initiation Notice, 86 FR at 40005.
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Federal Register / Vol. 86, No. 230 / Friday, December 3, 2021 / Notices
701 the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.7 For a
full description of the methodology
underlying our preliminary conclusions,
see the Preliminary Decision
Memorandum.
Commerce notes that, in making these
findings, it relied, in part, on facts
available and, because it finds that the
Government of Russia did not act to the
best of its ability to respond to
Commerce’s requests for information, it
drew an adverse inference where
appropriate in selecting from among the
facts otherwise available.8 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences,’’ in the Preliminary Decision
Memorandum.
Alignment
As noted in the Preliminary Decision
Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), Commerce is aligning the
final determination in this
countervailing duty (CVD) investigation
with the final determination in the
companion antidumping duty (AD)
investigation of UAN from Russia based
on a request made by the petitioner.9
Consequently, the final CVD
determination will be issued on the
same date as the final AD
determination, which is currently
scheduled to be issued no later than
April 11, 2022, unless postponed.
jspears on DSK121TN23PROD with NOTICES1
All-Others Rate
Sections 703(d)(1)(A)(i) and
705(c)(5)(A) of the Act provide that in
the preliminary determination,
Commerce shall determine an estimated
all-others rate for companies not
individually examined. Pursuant to
section 705(c)(5)(A)(i) of the Act, this
rate shall normally be an amount equal
to the weighted average of the estimated
subsidy rates established for those
companies individually examined,
excluding any zero and de minimis rates
7 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
8 See sections 776(a) and (b) of the Act.
9 See Petitioner’s Letter, ‘‘Urea Ammonium
Nitrate Solutions from the Russian Federation:
Petitioner’s Request to Align Final Countervailing
Duty Determination with the Companion
Antidumping Duty Final Determination,’’ dated
November 22, 2021. The petitioner is CF Industries
Nitrogen, LLC and its subsidiaries, Terra Nitrogen,
Limited Partnership and Terra International
(Oklahoma) LLC.
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18:06 Dec 02, 2021
Jkt 256001
and any rates based entirely under
section 776 of the Act.
Commerce calculated individual
estimated countervailable subsidy rates
for Public Joint Stock Company Acron
and the EuroChem Companies that are
not zero, de minimis, or based entirely
on facts otherwise available. Commerce
calculated the all-others rate using a
weighted average of the individual
estimated subsidy rates calculated for
the examined respondents using each
company’s publicly-ranged values for
the merchandise under consideration.10
Preliminary Determination
Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist:
Company
Subsidy rate
ad valorem
(percent)
of the investigation section entered, or
withdrawn from warehouse, for
consumption on or after the date of the
publication of this notice in the Federal
Register. Further, pursuant to 19 CFR
351.205(d), Commerce will instruct CBP
to require a cash deposit equal to the
rates indicated above.
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of its
public announcement, or if there is no
public announcement, within five days
of the date of this notice in accordance
with 19 CFR 351.244(b).
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
The EuroChem Companies 11 ................................
9.84 final determination. Normally,
Commerce verifies information using
Public Joint Stock Company
Acron 12 .............................
9.66 standard procedures, including an onAll Others ..............................
9.72 site examination of original accounting,
financial, and sales documentation.
Suspension of Liquidation
However, due to current travel
restrictions in response to the global
In accordance with section
COVID–19 pandemic, Commerce is
703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and unable to conduct on-site verification in
this investigation. Accordingly, we
Border Protection (CBP) to suspend
intend to verify the information relied
liquidation of entries of subject
upon in making the final determination
merchandise as described in the scope
through alternative means in lieu of an
on-site verification.
10 With two respondents under examination,
Commerce normally calculates (A) a weightedaverage of the estimated subsidy rates calculated for
the examined respondents; (B) a simple average of
the estimated subsidy rates calculated for the
examined respondents; and (C) a weighted-average
of the estimated subsidy rates calculated for the
examined respondents using each company’s
publicly-ranged U.S. sale quantities for the
merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate
closest to (A) as the most appropriate rate for all
other producers and exporters. See, e.g., Ball
Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results
of Antidumping Duty Administrative Reviews, Final
Results of Changed-Circumstances Review, and
Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010). As complete publicly ranged
sales data was available, Commerce based the allothers rate on the publicly ranged sales data of the
mandatory respondents. For a complete analysis of
the data, see Memorandum, ‘‘Countervailing Duty
Investigation of Urea Ammonium Nitrate Solutions
from the Russian Federation: All-Other Rate for
Preliminary Determination,’’ dated concurrently
with, and hereby adopted by, this notice.
11 As discussed in the Preliminary Decision
Memorandum, Commerce has found the following
companies to be cross-owned with Joint Stock
Company Nevinnomyssky Azot (Nevinka): Mineral
and Chemical Company EuroChem, Joint Stock
Company (MCC EuroChem) and Azot, Joint Stock
Company (NAK Azot).
12 As discussed in the Preliminary Decision
Memorandum, Commerce has found the following
companies to be cross-owned with Public Joint
Stock Company Acron: Joint Stock Company Acron
Group and Acron Switzerland AG.
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance. Interested parties will be
notified of the timeline for the
submission of case briefs and written
comments at a later date. Rebuttal briefs,
limited to issues raised in case briefs,
may be submitted no later than seven
days after the deadline date for case
briefs.13 Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.14
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) A statement of the issue;
13 See 19 CFR 351.309; see also Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID–19, 85 FR 17006, 17007 (March 26, 2020)
(Temporary Rule); and 19 CFR 351.303 (for general
filing requirements).
14 See Temporary Rule, 85 FR at 17006; see also
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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Federal Register / Vol. 86, No. 230 / Friday, December 3, 2021 / Notices
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
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.
International Trade Commission
Notification
DEPARTMENT OF COMMERCE
Notification to Interested Parties
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act, and 19 CFR
351.205(c).
Dated: November 29, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
jspears on DSK121TN23PROD with NOTICES1
Appendix I
Scope of the Investigation
The merchandise covered by this
investigation 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
investigation if performed in the subject
country.
The scope also includes UAN that is
commingled with UAN from sources not
subject to this investigation. Only the subject
component of such commingled products is
covered by the scope of this investigation.
18:06 Dec 02, 2021
Jkt 256001
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Subsidies Valuation
V. Benchmarks and Interest Rates
VI. Use of Facts Otherwise Available and
Adverse Inferences
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2021–26313 Filed 12–2–21; 8:45 am]
BILLING CODE 3510–DS–P
International Trade Administration
In accordance with section 703(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its determination. If Commerce’s final
determination is affirmative, the ITC
will make its final injury determination
before the later of 120 days after the date
of this preliminary determination or 45
days after the final determination.
VerDate Sep<11>2014
Appendix II
[C–570–953]
Narrow Woven Ribbons With Woven
Selvedge From the People’s Republic
of China: Final Results of the
Expedited Second Five-Year Sunset
Review of the Countervailing Duty
Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this sunset
review, the Department of Commerce
(Commerce) finds that revocation of the
countervailing duty order (CVD) order
on narrow woven ribbons with woven
selvedge (ribbons) from the People’s
Republic of China (China) would be
likely to lead to continuation or
recurrence of countervailable subsidies
at the levels indicated in the ‘‘Final
Results of Sunset Review’’ section of
this notice.
DATES: Applicable December 3, 2021.
FOR FURTHER INFORMATION CONTACT:
Macey Mayes, AD/CVD Operations,
Office II, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202)–482–4473.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 1, 2010, Commerce
published in the Federal Register a
notice of the CVD order on ribbons from
China.1 On August 2, 2021, Commerce
1 See Narrow Woven Ribbons with Woven
Selvedge from the People’s Republic of China:
Countervailing Duty Order, 75 FR 53642 (September
1, 2010) (Order).
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
68637
published the notice of initiation of the
second sunset review of the Order,
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act).2
Commerce received a notice of intent to
participate from Berwick Offray LLC
and its wholly-owned subsidiary Lion
Ribbon Company, LLC (collectively, the
petitioner), within the deadline
specified in 19 CFR 351.218(d)(1)(i).3
The petitioner claimed domestic
interested party status pursuant to
section 771(9)(C) of the Act and 19 CFR
351.102(b)(29)(v) as a manufacturer in
the United States of the domestic like
product.4
On September 1, 2021, the petitioner
filed an adequate substantive response
within the 30-day deadline specified in
19 CFR 351.218(d)(3)(i).5 We received
no substantive response from any other
interested party in this proceeding. On
September 20, 2021, Commerce notified
the U.S. International Trade
Commission that it did not receive an
adequate substantive response from
respondent interested parties.6 As a
result, Commerce conducted an
expedited (120-day) sunset review of the
Order, pursuant to section 751(c)(3)(B)
of the Act and 19 CFR
351.218(e)(l)(ii)(B)(2) and (C)(2).
Scope of the Order
The merchandise subject to the Order
is narrow woven ribbons with woven
selvedge, in any length, but with a
width (measured at the narrowest span
of the ribbon) less than or equal to 12
centimeters, composed of, in whole or
in part, man-made fibers (whether
artificial or synthetic, including but not
limited to nylon, polyester, rayon,
polypropylene, and polyethylene
teraphthalate), metal threads and/or
metalized yarns, or any combination
thereof. The merchandise subject to the
Order is classifiable under the HTSUS
statistical categories 5806.32.1020;
5806.32.1030; 5806.32.1050 and
5806.32.1060. Subject merchandise also
may enter under subheadings
5806.31.00; 5806.32.20; 5806.39.20;
5806.39.30; 5808.90.00; 5810.91.00;
5810.99.90; 5903.90.10; 5903.90.25;
5907.00.60; and 5907.00.80 and under
statistical categories 5806.32.1080;
5810.92.9080; 5903.90.3090; and
2 See Initiation of Five-Year (Sunset) Reviews, 86
FR 41439 (August 2, 2021).
3 See Petitioner’s Letter, ‘‘Notice of Intent to
Participate in Sunset Review,’’ dated August 17,
2021.
4 Id. at 2.
5 See Petitioner’s Letter, ‘‘Substantive Response to
the Notice of Initiation of Sunset Review,’’ dated
September 1, 2021.
6 See Commerce’s Letter, ‘‘Sunset Review
Initiated on August 2, 2021,’’ dated September 20,
2021.
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]]>Agencies
[Federal Register Volume 86, Number 230 (Friday, December 3, 2021)]
[Notices]
[Pages 68635-68637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26313]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-821-832]
Urea Ammonium Nitrate Solutions From the Russian Federation:
Preliminary Affirmative Countervailing Duty Determination and Alignment
of Final Determination With the Final Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of urea ammonium nitrate solutions (UAN) from the Russian
Federation (Russia) for the period of investigation (POI) January 1,
2020, through December 31, 2020. Interested parties are invited to
comment on this preliminary determination.
DATES: Applicable December 3, 2021.
FOR FURTHER INFORMATION CONTACT: Kristen Johnson (Acron) and John
Hoffner and Laura Griffith (the EuroChem Companies \1\), AD/CVD
Operations, Office III, 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) 482-6430, respectively.
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\1\ For purposes of this investigation, the EuroChem Companies
are Mineral and Chemical Company EuroChem, Joint Stock Company (MCC
EuroChem), Joint Stock Company Nevinnomyssky Azot (Nevinka), and
Azot, Joint Stock Company (NAK Azot).
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on July 26,
2021.\2\ On August 24, 2021, Commerce postponed the preliminary
determination of this investigation to November 29, 2021.\3\ For a
complete description of events that followed the initiation of this
investigation, see the Preliminary Decision Memorandum.\4\ A list of
topics discussed in the Preliminary Decision Memorandum is included as
Appendix II to this notice. The Preliminary Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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\2\ See Urea Ammonium Nitrate Solutions from the Russian
Federation and the Republic of Trinidad and Tobago: Initiation of
Countervailing Duty Investigations, 86 FR 40004 (July 26, 2021)
(Initiation Notice).
\3\ See Urea Ammonium Nitrate Solutions from the Russian
Federation and the Republic of Trinidad and Tobago: Postponement of
Preliminary Determinations in the Countervailing Duty
Investigations, 86 FR 47296 (August 24, 2021).
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Countervailing Duty Investigation
of Urea Ammonium Nitrate Solutions from the Russian Federation,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is UAN from Russia. For a
complete description of the scope of the investigation, see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\5\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage, (i.e., scope).\6\ No interested
party commented on the scope of the investigation as it appeared in the
Initiation Notice.
---------------------------------------------------------------------------
\5\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\6\ See Initiation Notice, 86 FR at 40005.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section
[[Page 68636]]
701 the Act. For each of the subsidy programs found countervailable,
Commerce preliminarily determines that there is a subsidy, i.e., a
financial contribution by an ``authority'' that gives rise to a benefit
to the recipient, and that the subsidy is specific.\7\ For a full
description of the methodology underlying our preliminary conclusions,
see the Preliminary Decision Memorandum.
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\7\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Commerce notes that, in making these findings, it relied, in part,
on facts available and, because it finds that the Government of Russia
did not act to the best of its ability to respond to Commerce's
requests for information, it drew an adverse inference where
appropriate in selecting from among the facts otherwise available.\8\
For further information, see ``Use of Facts Otherwise Available and
Adverse Inferences,'' in the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\8\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Alignment
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is
aligning the final determination in this countervailing duty (CVD)
investigation with the final determination in the companion antidumping
duty (AD) investigation of UAN from Russia based on a request made by
the petitioner.\9\ Consequently, the final CVD determination will be
issued on the same date as the final AD determination, which is
currently scheduled to be issued no later than April 11, 2022, unless
postponed.
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\9\ See Petitioner's Letter, ``Urea Ammonium Nitrate Solutions
from the Russian Federation: Petitioner's Request to Align Final
Countervailing Duty Determination with the Companion Antidumping
Duty Final Determination,'' dated November 22, 2021. The petitioner
is CF Industries Nitrogen, LLC and its subsidiaries, Terra Nitrogen,
Limited Partnership and Terra International (Oklahoma) LLC.
---------------------------------------------------------------------------
All-Others Rate
Sections 703(d)(1)(A)(i) and 705(c)(5)(A) of the Act provide that
in the preliminary determination, Commerce shall determine an estimated
all-others rate for companies not individually examined. Pursuant to
section 705(c)(5)(A)(i) of the Act, this rate shall normally be an
amount equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
zero and de minimis rates and any rates based entirely under section
776 of the Act.
Commerce calculated individual estimated countervailable subsidy
rates for Public Joint Stock Company Acron and the EuroChem Companies
that are not zero, de minimis, or based entirely on facts otherwise
available. Commerce calculated the all-others rate using a weighted
average of the individual estimated subsidy rates calculated for the
examined respondents using each company's publicly-ranged values for
the merchandise under consideration.\10\
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\10\ With two respondents under examination, Commerce normally
calculates (A) a weighted-average of the estimated subsidy rates
calculated for the examined respondents; (B) a simple average of the
estimated subsidy rates calculated for the examined respondents; and
(C) a weighted-average of the estimated subsidy rates calculated for
the examined respondents using each company's publicly-ranged U.S.
sale quantities for the merchandise under consideration. Commerce
then compares (B) and (C) to (A) and selects the rate closest to (A)
as the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010). As complete publicly ranged sales data was
available, Commerce based the all-others rate on the publicly ranged
sales data of the mandatory respondents. For a complete analysis of
the data, see Memorandum, ``Countervailing Duty Investigation of
Urea Ammonium Nitrate Solutions from the Russian Federation: All-
Other Rate for Preliminary Determination,'' dated concurrently with,
and hereby adopted by, this notice.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
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\11\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Joint Stock Company Nevinnomyssky Azot (Nevinka): Mineral and
Chemical Company EuroChem, Joint Stock Company (MCC EuroChem) and
Azot, Joint Stock Company (NAK Azot).
\12\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Public Joint Stock Company Acron: Joint Stock Company Acron Group
and Acron Switzerland AG.
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Subsidy rate
Company ad valorem
(percent)
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The EuroChem Companies \11\............................. 9.84
Public Joint Stock Company Acron \12\................... 9.66
All Others.............................................. 9.72
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Suspension of Liquidation
In accordance with section 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after the date of the publication of
this notice in the Federal Register. Further, pursuant to 19 CFR
351.205(d), Commerce will instruct CBP to require a cash deposit equal
to the rates indicated above.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the date of this notice in accordance
with 19 CFR 351.244(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Normally, Commerce verifies information using standard procedures,
including an on-site examination of original accounting, financial, and
sales documentation. However, due to current travel restrictions in
response to the global COVID-19 pandemic, Commerce is unable to conduct
on-site verification in this investigation. Accordingly, we intend to
verify the information relied upon in making the final determination
through alternative means in lieu of an on-site verification.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Interested parties
will be notified of the timeline for the submission of case briefs and
written comments at a later date. Rebuttal briefs, limited to issues
raised in case briefs, may be submitted no later than seven days after
the deadline date for case briefs.\13\ Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\14\
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case
briefs or rebuttal briefs in this investigation are encouraged to
submit with each argument: (1) A statement of the issue;
[[Page 68637]]
(2) a brief summary of the argument; and (3) a table of authorities.
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\13\ See 19 CFR 351.309; see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 (March
26, 2020) (Temporary Rule); and 19 CFR 351.303 (for general filing
requirements).
\14\ See Temporary Rule, 85 FR at 17006; see also 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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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its determination. If
Commerce's final determination is affirmative, the ITC will make its
final injury determination before the later of 120 days after the date
of this preliminary determination or 45 days after the final
determination.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act, and 19 CFR 351.205(c).
Dated: November 29, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation 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 investigation if performed in the subject
country.
The scope also includes UAN that is commingled with UAN from
sources not subject to this investigation. Only the subject
component of such commingled products is covered by the scope of
this investigation.
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.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Subsidies Valuation
V. Benchmarks and Interest Rates
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2021-26313 Filed 12-2-21; 8:45 am]
BILLING CODE 3510-DS-P
