Urea Ammonium Nitrate Solutions From the Republic of Trinidad and Tobago: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 5783-5785 [2022-02060]
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Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–274–808]
Urea Ammonium Nitrate Solutions
From the Republic of Trinidad and
Tobago: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value, Postponement of Final
Determination, and Extension of
Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that urea ammonium nitrate solutions
(UAN) from the Republic of Trinidad
and Tobago (Trinidad) is being, or is
likely to be, sold in the United States at
less than fair value (LTFV). The period
of investigation (POI) is April 1, 2020,
through March 31, 2021. Interested
parties are invited to comment on this
preliminary determination.
DATES: Applicable February 2, 2022.
FOR FURTHER INFORMATION CONTACT: Lilit
Astvatsatrian, 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) 482–6412.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
jspears on DSK121TN23PROD with NOTICES1
This preliminary determination is
made in accordance with section 733(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 November 23,
2021, Commerce postponed the
preliminary determination of this
investigation and the revised deadline is
now January 26, 2022.2 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
Memorandum.3 A list of topics included
in the Preliminary Decision
1 See Urea Ammonium Nitrate Solutions from the
Russian Federation and the Republic of Trinidad
and Tobago: Initiation of Less-Than-Fair-Value
Investigations, 86 FR 40008 (July 26, 2021)
(Initiation Notice).
2 See Urea Ammonium Nitrate Solutions from the
Republic of Trinidad and Tobago and the Russian
Federation: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value
Investigations, 86 FR 66530 (November 23, 2021).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value 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).
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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. For
a complete description of the scope of
this investigation, see Appendix I.
mandatory respondent, Methanol
Holdings (Trinidad) Ltd. (MHTL), that is
not zero, de minimis, or based entirely
on facts otherwise available. Because
the only individually calculated
dumping margin is not zero, de
minimis, or based entirely on facts
otherwise available, the estimated
weighted-average dumping margin
calculated for MHTL is the dumping
margin assigned to all other producers
and exporters, pursuant to section
735(c)(5)(A) of the Act.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Scope Comments
Exporter/producer
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 the
investigation as it appeared in the
Initiation Notice. Commerce is not
preliminarily modifying the scope
language as it appeared in the Initiation
Notice.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated constructed export prices in
accordance with section 772(b) of the
Act. Normal value (NV) is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that in the
preliminary determination Commerce
shall determine an estimated all-others
rate for all exporters and producers not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
In this investigation, Commerce
calculated an estimated weightedaverage dumping margin for the sole
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
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5783
Methanol Holdings (Trinidad) Ltd
All Others ....................................
Estimated
weightedaverage
dumping
margin
(percent)
63.08
63.08
Suspension of Liquidation
In accordance with section 733(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 Appendix
I, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19
CFR 351.205(d), Commerce will instruct
CBP to require a cash deposit equal to
the estimated weighted-average
dumping margin or the estimated allothers rate, as follows: (1) The cash
deposit rate for the respondents listed
above will be equal to the companyspecific estimated weighted-average
dumping margins determined in this
preliminary determination; (2) if the
exporter is not a respondent identified
above, but the producer is, then the cash
deposit rate will be equal to the
company-specific estimated weightedaverage dumping margin established for
that producer of the subject
merchandise; and (3) the cash deposit
rate for all other producers and
exporters will be equal to the all-others
estimated weighted-average dumping
margin.
Commerce normally adjusts cash
deposits for estimated antidumping
duties by the amount of export subsidies
countervailed in a companion
countervailing duty (CVD) proceeding,
when CVD provisional measures are in
effect. However, Commerce did not
make an affirmative preliminary
determination for countervailable export
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Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Notices
subsidies. Therefore, we have not offset
the estimated weighted-average
dumping margin by the CVD rate for
export subsidies.
These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication 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 onsite 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.
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Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance. A timeline for the
submission of case briefs and written
comments will be notified to interested
parties 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.6 Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.7
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.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
6 See
19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
7 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19, 85 FR 17006
(March 26, 2020); and 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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21:31 Feb 01, 2022
Jkt 256001
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.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of Commerce’s
regulations requires that a request by
exporters for postponement of the final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On December 10, 2021 and January
21, 2022, pursuant to 19 CFR 351.210(e),
the petitioner and MHTL, respectively,
requested that Commerce postpone the
final determination and that provisional
measures be extended to a period not to
exceed six months.8 In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) The
preliminary determination is
affirmative; (2) the requesting exporters
account for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, the
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination whether
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act, and 19
CFR 351.205(c).
Dated: January 26, 2022.
Lisa W. Wang,
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
investigations 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
8 See
MHTL’s Letter, ‘‘Urea Ammonium Nitrate
Solutions from the Republic of Trinidad and
Tobago: MHTL’s Request for Postponement of Final
Determination and Provisional Measures Period,’’
dated December 10, 2021; and Petitioner’s Letter,
‘‘Urea Ammonium Nitrate Solutions from the
Republic of Trinidad and Tobago (A–274–808):
Petitioner’s Request for Postponement of Final
Antidumping Determination,’’ dated January 21,
2022.
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List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Discussion of the Methodology
VI. Currency Conversion
E:\FR\FM\02FEN1.SGM
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Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Notices
VII. Recommendation
[FR Doc. 2022–02060 Filed 2–1–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–821–831]
Urea Ammonium Nitrate Solutions
From the Russian Federation:
Preliminary Affirmative Determination
of Sales at Less Than Fair Value,
Postponement of Final Determination,
and Extension of Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that urea ammonium nitrate solutions
(UAN) from the Russian Federation are
being, or are likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation
(POI) is April 1, 2020, through March
31, 2021. Interested parties are invited
to comment on this preliminary
determination.
DATES: Applicable February 2, 2022.
FOR FURTHER INFORMATION CONTACT:
Krisha Hill or Drew Jackson, 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) 482–4037 or (202) 482–4406,
respectively.
SUPPLEMENTARY INFORMATION:
jspears on DSK121TN23PROD with NOTICES1
AGENCY:
2021, Commerce postponed the
preliminary determination in this
investigation until January 26, 2022.2
For a complete description of the events
that followed the initiation of this
investigation, see the Preliminary
Decision Memorandum.3 A list of the
sections in the Preliminary Decision
Memorandum is in 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 products covered by this
investigation are UAN from Russia. 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 in the
Initiation Notice, Commerce 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 the investigation as it appeared
in the Initiation Notice. Commerce is
not preliminarily modifying the scope
language as it appeared in the Initiation
Notice.
Background
This preliminary determination is
made in accordance with section 733(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 November 23,
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce calculated
constructed export prices in accordance
with section 772(b) of the Act.
Commerce calculated normal value in
accordance with section 773 of the Act.
Furthermore, pursuant to section 776(a)
and (b) of the Act, Commerce
1 See Urea Ammonium Nitrate Solutions from the
Russian Federation and the Republic of Trinidad
and Tobago: Initiation of Less-Than-Fair-Value
Investigations, 86 FR 40008 (July 26, 2021)
(Initiation Notice).
2 See Urea Ammonium Nitrate Solutions from the
Republic of Trinidad and Tobago and the Russian
Federation: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value
Investigations, 86 FR 66530 November 23, 2021).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Urea Ammonium Nitrate
Solutions from the Russian Federation,’’ 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.
6 We used ‘‘EuroChem’’ to refer to the collapsed
entity comprising the following companies: Azot,
Joint Stock Company; Joint Stock Company
‘‘Nevinnomyssky Azot’’; Mineral and Chemical
Company EuroChem, Joint Stock Company; and
EuroChem Trading Rus, Limited Liability Company.
7 With two respondents under examination,
Commerce normally calculates (A) a weightedaverage of the estimated weighted-average dumping
margins calculated for the examined respondents;
(B) a simple average of the estimated weightedaverage dumping margins calculated for the
examined respondents; and (C) a weighted-average
of the estimated weighted-average dumping margins
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 Ball Bearings
and Parts Thereof from France, Germany, Italy,
Japan, and the United Kingdom: Final Results of
Antidumping Duty Administrative Reviews, Final
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21:31 Feb 01, 2022
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5785
preliminarily based the dumping
margins for PJSC Kuibyshev Azot and
SBU Azot upon facts otherwise
available, with adverse inferences,
because these companies failed to
timely respond to Commerce’s quantity
and value questionnaire. For a full
description of the methodology
underlying the preliminary
determination, see the Preliminary
Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that in the
preliminary determination, Commerce
shall determine an estimated all-others
rate for all exporters and producers not
individually examined. This rate shall
be equal to the weighted average of the
estimated weighted-average dumping
margins established for exporters and
producers individually investigated,
excluding any zero and de minimis
dumping margins, and any dumping
margins determined entirely under
section 776 of the Act.
In this investigation, Commerce
calculated estimated weighted-average
dumping margins for the mandatory
respondents, Public Joint Stock
Company Acron (Acron) and
EuroChem,6 that are not zero, de
minimis, or based entirely on facts
otherwise available. Commerce
calculated the all-others rate by weight
averaging the estimated weightedaverage dumping margins that it
calculated for the individually
examined respondents. Commerce
weight averaged these dumping margins
by the publicly-ranged total values of
their sales of subject merchandise to the
United States during the POI.7
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
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, please see the All-Others Rate Calculation
Memorandum.
8 See Memorandum, ‘‘Antidumping Duty
Investigation of Urea Ammonium Nitrate Solutions
from the Russian Federation: Preliminary
Calculations and Analysis for PJSC Acron,’’ dated
concurrently with this memorandum; see also
Memorandum, ‘‘Less-Than-Fair-Value Investigation
of Urea Ammonium Nitrate Solutions from the
Russian Federation: Preliminary Calculations and
Analysis for EuroChem,’’ dated concurrently with
this memorandum; and Memorandum,
‘‘Preliminary Determination Calculation for the AllOthers,’’ dated concurrently with this
memorandum.
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]]>Agencies
[Federal Register Volume 87, Number 22 (Wednesday, February 2, 2022)]
[Notices]
[Pages 5783-5785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02060]
[[Page 5783]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-274-808]
Urea Ammonium Nitrate Solutions From the Republic of Trinidad and
Tobago: Preliminary Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination, and Extension of
Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that urea ammonium nitrate solutions (UAN) from the Republic of
Trinidad and Tobago (Trinidad) is being, or is likely to be, sold in
the United States at less than fair value (LTFV). The period of
investigation (POI) is April 1, 2020, through March 31, 2021.
Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable February 2, 2022.
FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, 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) 482-6412.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(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 November 23, 2021, Commerce postponed the preliminary
determination of this investigation and the revised deadline is now
January 26, 2022.\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 included 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
Less-Than-Fair-Value Investigations, 86 FR 40008 (July 26, 2021)
(Initiation Notice).
\2\ See Urea Ammonium Nitrate Solutions from the Republic of
Trinidad and Tobago and the Russian Federation: Postponement of
Preliminary Determinations in the Less-Than-Fair-Value
Investigations, 86 FR 66530 (November 23, 2021).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value 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. 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 the investigation as it appeared in the
Initiation Notice. Commerce is not preliminarily modifying the scope
language 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.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated constructed export
prices in accordance with section 772(b) of the Act. Normal value (NV)
is calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying the preliminary
determination, see the Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely under
section 776 of the Act.
In this investigation, Commerce calculated an estimated weighted-
average dumping margin for the sole mandatory respondent, Methanol
Holdings (Trinidad) Ltd. (MHTL), that is not zero, de minimis, or based
entirely on facts otherwise available. Because the only individually
calculated dumping margin is not zero, de minimis, or based entirely on
facts otherwise available, the estimated weighted-average dumping
margin calculated for MHTL is the dumping margin assigned to all other
producers and exporters, pursuant to section 735(c)(5)(A) of the Act.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Methanol Holdings (Trinidad) Ltd............................ 63.08
All Others.................................................. 63.08
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(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 Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows:
(1) The cash deposit rate for the respondents listed above will be
equal to the company-specific estimated weighted-average dumping
margins determined in this preliminary determination; (2) if the
exporter is not a respondent identified above, but the producer is,
then the cash deposit rate will be equal to the company-specific
estimated weighted-average dumping margin established for that producer
of the subject merchandise; and (3) the cash deposit rate for all other
producers and exporters will be equal to the all-others estimated
weighted-average dumping margin.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
countervailing duty (CVD) proceeding, when CVD provisional measures are
in effect. However, Commerce did not make an affirmative preliminary
determination for countervailable export
[[Page 5784]]
subsidies. Therefore, we have not offset the estimated weighted-average
dumping margin by the CVD rate for export subsidies.
These suspension of liquidation instructions will remain in effect
until further notice.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication 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. A timeline for the
submission of case briefs and written comments will be notified to
interested parties 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.\6\ Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\7\
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.
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\6\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\7\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19, 85 FR 17006 (March 26, 2020); and 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.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On December 10, 2021 and January 21, 2022, pursuant to 19 CFR
351.210(e), the petitioner and MHTL, respectively, requested that
Commerce postpone the final determination and that provisional measures
be extended to a period not to exceed six months.\8\ In accordance with
section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because:
(1) The preliminary determination is affirmative; (2) the requesting
exporters account for a significant proportion of exports of the
subject merchandise; and (3) no compelling reasons for denial exist,
Commerce is postponing the final determination and extending the
provisional measures from a four-month period to a period not greater
than six months. Accordingly, Commerce will make its final
determination no later than 135 days after the date of publication of
this preliminary determination.
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\8\ See MHTL's Letter, ``Urea Ammonium Nitrate Solutions from
the Republic of Trinidad and Tobago: MHTL's Request for Postponement
of Final Determination and Provisional Measures Period,'' dated
December 10, 2021; and Petitioner's Letter, ``Urea Ammonium Nitrate
Solutions from the Republic of Trinidad and Tobago (A-274-808):
Petitioner's Request for Postponement of Final Antidumping
Determination,'' dated January 21, 2022.
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International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, the ITC will
determine before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
Dated: January 26, 2022.
Lisa W. Wang,
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 investigations 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. Period of Investigation
IV. Scope of the Investigation
V. Discussion of the Methodology
VI. Currency Conversion
[[Page 5785]]
VII. Recommendation
[FR Doc. 2022-02060 Filed 2-1-22; 8:45 am]
BILLING CODE 3510-DS-P
