Urea Ammonium Nitrate Solutions From the Republic of Trinidad and Tobago: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With the Final Antidumping Duty Determination, 68640-68642 [2021-26314]

Download as PDF 68640 Federal Register / Vol. 86, No. 230 / Friday, December 3, 2021 / Notices producers and exporters will continue to be 7.08 percent ad valorem, the allothers rate established in the LTFV investigation.10 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers Regarding the Reimbursement of Duties This notice also serves as a final 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 the POR. 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 Regarding Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5). 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 List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Issues Comment 1: Whether Commerce Should Find a Cost-Based Particular Market Situation in Korea Comment 2: Voluntary Respondent Status for SeAH Steel Corporation V. Recommendation 10 See Order. VerDate Sep<11>2014 18:06 Dec 02, 2021 Jkt 256001 Appendix II Companies Not Selected for Individual Examination 1. AJU Besteel Co., Ltd. 2. Chang Won Bending Co., Ltd. 3. Daiduck Piping Co., Ltd. 4. Dong Yang Steel Pipe Co., Ltd. 5. Dongbu Incheon Steel Co., Ltd. 6. EEW KHPC Co., Ltd. 7. EEW Korea Co., Ltd. 8. Histeel Co., Ltd. 9. Husteel Co., Ltd. 10. Kiduck Industries Co., Ltd. 11. Kum Kang Kind. Co., Ltd. 12. Kumsoo Connecting Co., Ltd. 13. Nexteel Co., Ltd. 14. SeAH Steel Corporation 15. Seonghwa Industrial Co., Ltd. 16. SIN–E B&P Co., Ltd. 17. Steel Flower Co., Ltd. 18. WELTECH Co., Ltd. [FR Doc. 2021–26292 Filed 12–2–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–274–809] Urea Ammonium Nitrate Solutions From the Republic of Trinidad and Tobago: 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 the sole known producer/ exporter of urea ammonium nitrate solutions (UAN) from the Republic of Trinidad and Tobago (Trinidad and Tobago) 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: Ariela Garvett, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3609. SUPPLEMENTARY INFORMATION: AGENCY: 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 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 on July 26, 2021.1 On August 24, 2021, Commerce postponed the preliminary determination of this investigation to November 29, 2021.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 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 Trinidad and Tobago. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations,4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).5 No interested party commented on the scope of this investigation as it appeared in the Initiation Notice. Methodology Commerce is conducting this investigation in accordance with section 701 of 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, 1 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). 2 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). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination in the Countervailing Duty Investigation of Urea Ammonium Nitrate Solutions from the Republic of Trinidad and Tobago,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice, 86 FR 40005. E:\FR\FM\03DEN1.SGM 03DEN1 Federal Register / Vol. 86, No. 230 / Friday, December 3, 2021 / Notices and that the subsidy is specific.6 For a full description of the methodology underlying our preliminary conclusions, see 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 Trinidad and Tobago based on a request made by the petitioner.7 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. 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 an individual estimated countervailable subsidy rate for Methanol Holdings (Trinidad) Limited (MHTL), the only individually examined producer/exporter in this investigation. Because the only individually calculated rate is not zero, de minimis, or based entirely on facts otherwise available, the rate calculated for MHTL is the rate assigned to all other producers and exporters not individually examined in this investigation, pursuant to section 705(c)(5)(A)(i) of the Act. Preliminary Determination Commerce preliminarily determines that the following estimated countervailable subsidy rates exist: 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. 7 See Petitioner’s Letter, ‘‘Urea Ammonium Nitrate Solutions from the Republic of Trinidad and Tobago: 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. jspears on DSK121TN23PROD with NOTICES1 6 VerDate Sep<11>2014 18:06 Dec 02, 2021 Jkt 256001 68641 temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.9 Methanol Holdings (Trinidad) Pursuant to 19 CFR 351.309(c)(2) and Limited ............................... 1.83 All Others .............................. 1.83 (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each Suspension of Liquidation argument: (1) A statement of the issue; In accordance with section (2) a brief summary of the argument; 703(d)(1)(B) and (d)(2) of the Act, and (3) a table of authorities. Commerce will direct U.S. Customs and Pursuant to 19 CFR 351.310(c), Border Protection (CBP) to suspend interested parties who wish to request a liquidation of entries of subject hearing, limited to issues raised in the merchandise as described in the scope case and rebuttal briefs, must submit a of the investigation entered, or written request to the Assistant withdrawn from warehouse, for Secretary for Enforcement and consumption on or after the date of Compliance, U.S. Department of publication of this notice in the Federal Commerce within 30 days after the date Register. Further, pursuant to 19 CFR of publication of this notice. Requests 351.205(d), Commerce will instruct CBP should contain the party’s name, to require a cash deposit equal to the address, and telephone number, the rates indicated above. number of participants, whether any participant is a foreign national, and a Disclosure list of the issues to be discussed. If a Commerce intends to disclose its request for a hearing is made, Commerce calculations and analysis performed to intends to hold the hearing at a time and interested parties in this preliminary date to be determined. Parties should determination within five days of its confirm by telephone the date, time, and public announcement, or if there is no location of the hearing two days before public announcement, within five days the scheduled date. of the date of this notice in accordance International Trade Commission with 19 CFR 351.224(b). Notification Verification In accordance with section 703(f) of As provided in section 782(i)(1) of the the Act, Commerce will notify the International Trade Commission (ITC) of Act, Commerce intends to verify the its determination. If Commerce’s final information relied upon in making its determination is affirmative, the ITC final determination. Normally, will make its final injury determination Commerce verifies information using before the later of 120 days after the date standard procedures, including an onsite examination of original accounting, of this preliminary determination or 45 days after the final determination. financial, and sales documentation. However, due to current travel Notification to Interested Parties restrictions in response to the global This determination is issued and COVID–19 pandemic, Commerce is published pursuant to sections 703(f) unable to conduct on-site verification in and 777(i) of the Act, and 19 CFR this investigation. Accordingly, we 351.205(c). intend to verify the information relied upon in making the final determination Dated: November 29, 2021. through alternative means in lieu of an Ryan Majerus, on-site verification. Deputy Assistant Secretary for Policy and Company Subsidy rate ad valorem (percent) 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.8 Note that Commerce has 8 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) PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 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 (Temporary Rule); and 19 CFR 351.303 (for general filing requirements). 9 See Temporary Rule, 85 FR 17006; see also Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). E:\FR\FM\03DEN1.SGM 03DEN1 68642 Federal Register / Vol. 86, No. 230 / Friday, December 3, 2021 / Notices 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. 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. Analysis of Programs VII. Recommendation [FR Doc. 2021–26314 Filed 12–2–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XB572] Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Trawl Rationalization Program; 2022 Cost Recovery Fee Notice National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice, 2022 cost recovery fee percentages and average mothership cooperative program pricing. AGENCY: This action provides participants in the Pacific Coast Groundfish Trawl Rationalization Program with the 2022 cost recovery fee percentages and the average mothership (MS) price per pound to be used in the catcher/processor (C/P) coop program to calculate the fee amount for the upcoming calendar year. For the 2022 calendar year, NMFS announces the following fee percentages by sector specific program: 3.0 percent for the Shorebased Individual Fishing Quota (IFQ) Program; 0.2 percent for the C/P jspears on DSK121TN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 18:06 Dec 02, 2021 Jkt 256001 Co-op Program; and 1.7 percent for the MS Co-op Program. For 2022, the MS pricing to be used as a proxy by the C/ P Co-op Program is $0.09/pound (lb) for Pacific whiting. DATES: Applicable January 1, 2022. FOR FURTHER INFORMATION CONTACT: Keeley Kent, (206) 247–8252, keeley.kent@noaa.gov. SUPPLEMENTARY INFORMATION: Section 304(d) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) authorizes and requires NMFS to collect fees to recover the costs directly related to the management, data collection and analysis, and enforcement directly related to and in support of a limited access privilege program (LAPP) (16 U.S.C. 1854(d)(2)), also called ‘‘cost recovery.’’ Cost recovery fees recover the actual costs directly related to the management, data collection and analysis, and enforcement of the programs (Section 303A(e)). Section 304(d) of the MSA mandates that cost recovery fees not exceed 3 percent of the annual ex-vessel value of fish harvested by a program subject to a cost recovery fee, and that the fee be collected either at the time of landing, filing of a landing report, or sale of such fish during a fishing season or in the last quarter of the calendar year in which the fish is harvested. The Pacific Coast Groundfish Trawl Rationalization Program is a LAPP, implemented in 2011, and consists of three sector-specific programs: The Shorebased IFQ Program, the MS Co-op Program, and the C/P Co-op Program. In accordance with the MSA, and based on a recommended structure and methodology developed in coordination with the Pacific Fishery Management Council (Council), NMFS began collecting mandatory fees of up to 3 percent of the ex-vessel value of groundfish from each program (Shorebased IFQ Program, MS Co-op Program, and C/P Co-op Program) in 2014. NMFS collects the fees to recover the incremental costs of management, data collection and analysis, and enforcement of the Groundfish Trawl Rationalization Program. Additional background can be found in the cost recovery proposed rule (78 FR 7371; February 1, 2013), and final rule (78 FR 75268; December 11, 2013). The details of cost recovery for the Groundfish Trawl Rationalization Program are in regulation at 50 CFR 660.115 (Trawl fishery—cost recovery program), § 660.140 (Shorebased IFQ Program), § 660.150 (MS Co-op Program), and § 660.160 (C/P Co-op Program). By December 31 of each year, NMFS announces the next year’s fee PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 percentages and the applicable MS pricing for the C/P Co-op Program. To calculate the fee percentages, NMFS used the formula specified in regulation at § 660.115(b)(1), where the fee percentage by sector equals the lower of 3 percent or the direct program costs (DPC) for that sector divided by total exvessel value (V) for that sector multiplied by 100 (Fee percentage = the lower of 3 percent or (DPC/V) × 100). ‘DPC,’ as defined in the regulations at § 660.115(b)(1)(i), are the actual incremental costs for the previous fiscal year directly related to the management, data collection and analysis, and enforcement of each program (Shorebased IFQ Program, MS Co-op Program, and C/P Co-op Program). Actual incremental costs means those net costs that would not have been incurred but for the implementation of the Groundfish Trawl Rationalization Program, including both increased costs for new requirements of the program and reduced costs resulting from any program efficiencies or adjustments to costs from previous years. ‘‘V’’, as specified at § 660.115(b)(1)(ii), is the total ex-vessel value, as defined at § 660.111, for each sector from the previous calendar year. To determine the ex-vessel value for the Shorebased IFQ Program, NMFS used the ex-vessel value for calendar year 2020 as reported in the Pacific Fisheries Information Network (PacFIN) from Shorebased IFQ electronic fish tickets as this was the most recent complete set of data. To determine the ex-vessel value for the MS Co-op Program and the C/P Co-op Program, NMFS used the retained catch estimates (weight) for each sector as reported in the North Pacific Observer Program database multiplied by the average price of Pacific whiting as reported by participants in the MS Coop Program for 2020. The fee calculations for the 2022 fee percentages are described below. IFQ Program: • 4.2 percent = ($1,689,034.21/ $40,008,494.00) × 100. C/P Co-op Program: • 0.2 percent = ($35,958.08/ $22,052,786.85) × 100. MS Co-op Program: • 1.7 percent = ($127,649.64/ $7,367,454.90) × 100. However, the calculated fee percentage cannot exceed the statutory limit of 3 percent. The IFQ Program fee calculation (4.2 percent) exceeds this limit, therefore, the 2022 fee percentage for the IFQ Program is 3 percent. Therefore, the final 2022 fee percentages are 3.0 percent for the IFQ Program, 0.2 percent for the C/P Co-op Program, and 1.7 percent for the MS Co-op Program. E:\FR\FM\03DEN1.SGM 03DEN1

Agencies

[Federal Register Volume 86, Number 230 (Friday, December 3, 2021)]
[Notices]
[Pages 68640-68642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26314]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-274-809]


Urea Ammonium Nitrate Solutions From the Republic of Trinidad and 
Tobago: 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 the sole known 
producer/exporter of urea ammonium nitrate solutions (UAN) from the 
Republic of Trinidad and Tobago (Trinidad and Tobago) 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: Ariela Garvett, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3609.

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.\1\ On August 24, 2021, Commerce postponed the preliminary 
determination of this investigation to November 29, 2021.\2\ For a 
complete description of the events that followed the initiation of this 
investigation, see the Preliminary Decision Memorandum.\3\ 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.
---------------------------------------------------------------------------

    \1\ 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).
    \2\ 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).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Affirmative Determination in the Countervailing Duty Investigation 
of Urea Ammonium Nitrate Solutions from the Republic of Trinidad and 
Tobago,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is UAN from Trinidad and 
Tobago. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ No interested party 
commented on the scope of this investigation as it appeared in the 
Initiation Notice.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice, 86 FR 40005.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 701 of 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,

[[Page 68641]]

and that the subsidy is specific.\6\ For a full description of the 
methodology underlying our preliminary conclusions, see the Preliminary 
Decision Memorandum.
---------------------------------------------------------------------------

    \6\ 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.
---------------------------------------------------------------------------

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 Trinidad and Tobago based on a 
request made by the petitioner.\7\ 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.
---------------------------------------------------------------------------

    \7\ See Petitioner's Letter, ``Urea Ammonium Nitrate Solutions 
from the Republic of Trinidad and Tobago: 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 an individual estimated countervailable subsidy 
rate for Methanol Holdings (Trinidad) Limited (MHTL), the only 
individually examined producer/exporter in this investigation. Because 
the only individually calculated rate is not zero, de minimis, or based 
entirely on facts otherwise available, the rate calculated for MHTL is 
the rate assigned to all other producers and exporters not individually 
examined in this investigation, pursuant to section 705(c)(5)(A)(i) of 
the Act.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            ad valorem
                                                             (percent)
------------------------------------------------------------------------
Methanol Holdings (Trinidad) Limited....................            1.83
All Others..............................................            1.83
------------------------------------------------------------------------

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 entered, or withdrawn from warehouse, 
for consumption on or after the date of 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 351.224(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.\8\ Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\9\ 
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; (2) a brief 
summary of the argument; and (3) a table of authorities.
---------------------------------------------------------------------------

    \8\ 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).
    \9\ See Temporary Rule, 85 FR 17006; see also Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of 
Effective Period, 85 FR 41363 (July 10, 2020).
---------------------------------------------------------------------------

    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

[[Page 68642]]

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.

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. Analysis of Programs
VII. Recommendation

[FR Doc. 2021-26314 Filed 12-2-21; 8:45 am]
BILLING CODE 3510-DS-P