Urea Ammonium Nitrate Solutions From the Republic of Trinidad and Tobago: Amended Preliminary Determination of Sales at Less Than Fair Value, 12935-12936 [2022-04887]

Download as PDF Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Notices 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 Euro SME will be equal to the weighted-average dumping margin established in the final results of this administrative review; (2) for merchandise exported by producers or exporters not covered in this review but covered in a prior completed segment of the proceeding, 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 producer or exporter participated; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the producer has been covered in a prior complete segment of this proceeding, then the cash deposit rate will be the rate established for the most recent period for the producer of the merchandise; (4) the cash deposit rate for all other manufacturers or exporters will continue to be 84.94 percent, the all-others rate established in the less-than-fair-value investigation.10 These cash deposit requirements, when imposed, shall remain in effect until further notice. 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 these final results in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5). Dated: March 1, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Changes Since the Preliminary Results V. Discussion of the Issues Comment 1: Partial Application of Adverse Facts Available to Euro SME’s Actual Weights Comment 2: Partial Application of Adverse Facts Available to Euro SME’s Inland Freight Comment 3: Commerce’s Treatment of Euro SME’s Freight Revenue VI. Recommendation [FR Doc. 2022–04886 Filed 3–7–22; 8:45 am] BILLING CODE 3510–DS–P Notification to Importers This notice 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 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. lotter on DSK11XQN23PROD with NOTICES1 Notification Regarding Administrative Protective Order This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/ destruction of APO materials or conversion to judicial protective order is 10 See Antidumping Duty Order: Polyethylene Retail Carrier Bags from Malaysia, 69 FR 48203 (August 9, 2004). VerDate Sep<11>2014 17:25 Mar 07, 2022 Jkt 256001 DEPARTMENT OF COMMERCE International Trade Administration [A–274–808] Urea Ammonium Nitrate Solutions From the Republic of Trinidad and Tobago: Amended Preliminary Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: On February 2, 2022, the Department of Commerce (Commerce) published its preliminary determination in the less-than-fair-value investigation of urea ammonium nitrate solutions (UAN) from the Republic of Trinidad and Tobago (Trinidad) in the Federal Register. Commerce is amending this preliminary determination to correct a significant ministerial error. SUMMARY: DATES: Applicable March 8, 2022. FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6412. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00012 Fmt 4703 Background On February 2, 2022, Commerce published in the Federal Register the preliminary determination in the lessthan-fair-value investigation of UAN from Trinidad,1 and disclosed all calculations to interested parties. On February 2, 2022, CF Industries Nitrogen, LLC and its subsidiaries, Terra Nitrogen, Limited Partnership and Terra International (Oklahoma) LLC (the petitioner) filed timely ministerial error allegations concerning the Preliminary Determination for the sole respondent, Methanol Holdings (Trinidad) Ltd. (MHTL), and requested, pursuant to 19 CFR 351.224(e), that Commerce correct the alleged ministerial error.2 Period of Investigation The period of investigation is April 1, 2020, through March 31, 2021. Scope of the Investigation The product covered by this investigation is UAN from Trinidad. For a complete description of the scope of the investigation, see Preliminary Determination, at Appendix I. Significant Ministerial Error Disclosure We intend to disclose the calculations performed for these final results within five days of the date of publication of this notice in the Federal Register, in accordance with 19 CFR 351.224(b). 12935 Sfmt 4703 In accordance with 19 CFR 351.224(e), Commerce ‘‘will analyze any comments received and, if appropriate, correct any significant ministerial error by amending the preliminary determination.’’ A ministerial error is defined in 19 CFR 351.224(f) as ‘‘an error in addition, subtraction, or other arithmetic function clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Secretary considers ministerial.’’ A significant ministerial error is defined as a ministerial error, the correction of which, singly or in combination with other errors, would result in: (1) A change of at least five absolute percentage points in, but not less than 25 percent of, the weightedaverage dumping margin calculated in the original (erroneous) preliminary determination; or (2) a difference between a weighted-average dumping margin of zero or de minimis and a 1 See 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, 87 FR 5783 (February 2, 2022) (Preliminary Determination). 2 See Petitioner’s Letter, ‘‘Urea Ammonium Nitrate Solutions from the Republic of Trinidad and Tobago: Petitioner’s Ministerial Error Comments Regarding the Preliminary Determination,’’ dated February 2, 2022 (Ministerial Allegation). E:\FR\FM\08MRN1.SGM 08MRN1 12936 Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Notices weighted-average dumping margin of greater than de minimis or vice versa.3 Ministerial Error Allegation The petitioner timely alleged that Commerce made a significant ministerial error by adjusting MHTL’s total cost of manufacturing twice when applying natural gas and electricity factors to account for a particular market situation (PMS).4 After analyzing these allegations, we determine that we made a significant ministerial error in the Preliminary Determination with respect to our PMS adjustment of MHTL’s total cost of manufacturing.5 For a detailed discussion of the aforementioned ministerial error allegations, as well as Commerce’s analysis of these comments, see the Ministerial Error Memorandum. Pursuant to 19 CFR 351.224(g)(1), Commerce’s error in the application of the PMS factors is significant, because its correction results in a change of at least five absolute percentage points in, but not less than 25 percent of, the estimated weighted-average dumping margin calculated in the Preliminary Determination (i.e., a change from an estimated weighted-average dumping margin of 63.08 percent to 111.64 percent.) Therefore, we are correcting the ministerial error and amending our Preliminary Determination accordingly.6 lotter on DSK11XQN23PROD with NOTICES1 Amended Preliminary Determination We are amending the Preliminary Determination to reflect the correction of a significant ministerial error made in the margin calculation for MHTL in accordance with 19 CFR 351.224(e). In addition, because the preliminary ‘‘AllOthers’’ rate was based on the estimated weighted-average dumping margin calculated for MHTL, we are also amending the ‘‘All-Others’’ rate. As a result of the correction of the ministerial error, the revised estimated weightedaverage dumping margins are as follows: Amended Cash Deposits and Suspension of Liquidation The collection of cash deposits and suspension of liquidation will be revised according to the rates established in this amended preliminary determination, in accordance with section 773(d) of the Tariff Act of 1930, as amended (the Act). Because these amended rates result in increased cash deposit rates, they will be effective on the date of publication of this notice in the Federal Register. 17:25 Mar 07, 2022 Jkt 256001 Background Dated: March 1, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. On May 5, 2021, Commerce published a notice of initiation of an administrative review of the countervailing duty order on fine denier PSF from India with respect to Reliance.1 On November 5, 2021, Commerce postponed the preliminary results of this review by 90 days until March 1, 2022, in accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act).2 For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.3 A list of topics discussed in the Preliminary Decision Memorandum is included at the appendix 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 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. [FR Doc. 2022–04887 Filed 3–7–22; 8:45 am] Scope of the Order BILLING CODE 3510–DS–P International Trade Administration The merchandise covered by the order is fine denier polyester staple fiber (fine denier PSF). For a complete description of the scope of the order, see the Preliminary Decision Memorandum. [C–533–876] Methodology International Trade Commission Notification In accordance with section 773(f) of the Act, we intend to notify the International Trade Commission of our amended preliminary determination. Disclosure We intend to disclose the calculations performed to parties in this proceeding within five days after public announcement of the amended preliminary determination, in accordance with 19 CFR 351.224. This amended preliminary determination is issued and published in accordance with sections 773(f) and 777(i) of the Act and 19 CFR 351.224(e). DEPARTMENT OF COMMERCE Fine Denier Polyester Staple Fiber From India: Preliminary Results of Countervailing Duty Administrative Review; 2020 Enforcement and Compliance, International Trade Administration, Estimated weighted- Department of Commerce. average SUMMARY: The Department of Commerce Exporter/producer dumping (Commerce) preliminarily determines margin that Reliance Industries Limited (percent) (Reliance), a producer/exporter of fine Methanol Holdings (Trinidad) Ltd 111.64 denier polyester staple fiber (fine denier All-Others .................................... 111.64 PSF) from India, received countervailable subsidies that are above de minimis during the period of review, 3 See 19 CFR 351.224(g)(1) and (2). January 1, 2020, through December 31, 4 See Ministerial Allegations at 2. 2020. 5 See Memorandum, ‘‘Preliminary Determination DATES: Applicable March 8, 2022. of Antidumping Duty Investigation on Urea Ammonium Nitrate Solutions from the Republic of FOR FURTHER INFORMATION CONTACT: Trinidad and Tobago: Allegation of Ministerial Thomas Hanna, AD/CVD Operations, Error,’’ dated concurrently with this notice Office IV, Enforcement and Compliance, (Ministerial Error Memorandum). 6 See Ministerial Error Memorandum. International Trade Administration, VerDate Sep<11>2014 U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0835. SUPPLEMENTARY INFORMATION: AGENCY: PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 Commerce is conducting this administrative review in accordance with section 751(a)(1)(A) of the Act. For each of the subsidy programs found countervailable, we preliminarily find that there is a subsidy, i.e., a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.4 For a full description of the 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 86 FR 23925 (May 5, 2021) (Initiation Notice). 2 See Memorandum, ‘‘2020 Countervailing Duty Administrative Review of Fine Denier Polyester Staple Fiber from India: Extension of Deadline for Preliminary Results,’’ dated November 5, 2021. 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the 2020 Administrative Review of the Countervailing Duty Order on Fine Denier Polyester Staple Fiber from India,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) E:\FR\FM\08MRN1.SGM 08MRN1

Agencies

[Federal Register Volume 87, Number 45 (Tuesday, March 8, 2022)]
[Notices]
[Pages 12935-12936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04887]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-274-808]


Urea Ammonium Nitrate Solutions From the Republic of Trinidad and 
Tobago: Amended Preliminary Determination of Sales at Less Than Fair 
Value

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

SUMMARY: On February 2, 2022, the Department of Commerce (Commerce) 
published its preliminary determination in the less-than-fair-value 
investigation of urea ammonium nitrate solutions (UAN) from the 
Republic of Trinidad and Tobago (Trinidad) in the Federal Register. 
Commerce is amending this preliminary determination to correct a 
significant ministerial error.

DATES: Applicable March 8, 2022.

FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230; telephone: (202) 482-6412.

SUPPLEMENTARY INFORMATION:

Background

    On February 2, 2022, Commerce published in the Federal Register the 
preliminary determination in the less-than-fair-value investigation of 
UAN from Trinidad,\1\ and disclosed all calculations to interested 
parties. On February 2, 2022, CF Industries Nitrogen, LLC and its 
subsidiaries, Terra Nitrogen, Limited Partnership and Terra 
International (Oklahoma) LLC (the petitioner) filed timely ministerial 
error allegations concerning the Preliminary Determination for the sole 
respondent, Methanol Holdings (Trinidad) Ltd. (MHTL), and requested, 
pursuant to 19 CFR 351.224(e), that Commerce correct the alleged 
ministerial error.\2\
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    \1\ See 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, 87 FR 5783 (February 2, 2022) 
(Preliminary Determination).
    \2\ See Petitioner's Letter, ``Urea Ammonium Nitrate Solutions 
from the Republic of Trinidad and Tobago: Petitioner's Ministerial 
Error Comments Regarding the Preliminary Determination,'' dated 
February 2, 2022 (Ministerial Allegation).
---------------------------------------------------------------------------

Period of Investigation

    The period of investigation is April 1, 2020, through March 31, 
2021.

Scope of the Investigation

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

Significant Ministerial Error

    In accordance with 19 CFR 351.224(e), Commerce ``will analyze any 
comments received and, if appropriate, correct any significant 
ministerial error by amending the preliminary determination.'' A 
ministerial error is defined in 19 CFR 351.224(f) as ``an error in 
addition, subtraction, or other arithmetic function clerical error 
resulting from inaccurate copying, duplication, or the like, and any 
other similar type of unintentional error which the Secretary considers 
ministerial.'' A significant ministerial error is defined as a 
ministerial error, the correction of which, singly or in combination 
with other errors, would result in: (1) A change of at least five 
absolute percentage points in, but not less than 25 percent of, the 
weighted-average dumping margin calculated in the original (erroneous) 
preliminary determination; or (2) a difference between a weighted-
average dumping margin of zero or de minimis and a

[[Page 12936]]

weighted-average dumping margin of greater than de minimis or vice 
versa.\3\
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    \3\ See 19 CFR 351.224(g)(1) and (2).
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Ministerial Error Allegation

    The petitioner timely alleged that Commerce made a significant 
ministerial error by adjusting MHTL's total cost of manufacturing twice 
when applying natural gas and electricity factors to account for a 
particular market situation (PMS).\4\ After analyzing these 
allegations, we determine that we made a significant ministerial error 
in the Preliminary Determination with respect to our PMS adjustment of 
MHTL's total cost of manufacturing.\5\ For a detailed discussion of the 
aforementioned ministerial error allegations, as well as Commerce's 
analysis of these comments, see the Ministerial Error Memorandum.
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    \4\ See Ministerial Allegations at 2.
    \5\ See Memorandum, ``Preliminary Determination of Antidumping 
Duty Investigation on Urea Ammonium Nitrate Solutions from the 
Republic of Trinidad and Tobago: Allegation of Ministerial Error,'' 
dated concurrently with this notice (Ministerial Error Memorandum).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.224(g)(1), Commerce's error in the 
application of the PMS factors is significant, because its correction 
results in a change of at least five absolute percentage points in, but 
not less than 25 percent of, the estimated weighted-average dumping 
margin calculated in the Preliminary Determination (i.e., a change from 
an estimated weighted-average dumping margin of 63.08 percent to 111.64 
percent.) Therefore, we are correcting the ministerial error and 
amending our Preliminary Determination accordingly.\6\
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    \6\ See Ministerial Error Memorandum.
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Amended Preliminary Determination

    We are amending the Preliminary Determination to reflect the 
correction of a significant ministerial error made in the margin 
calculation for MHTL in accordance with 19 CFR 351.224(e). In addition, 
because the preliminary ``All-Others'' rate was based on the estimated 
weighted-average dumping margin calculated for MHTL, we are also 
amending the ``All-Others'' rate. As a result of the correction of the 
ministerial error, the revised estimated weighted-average dumping 
margins are as follows:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Methanol Holdings (Trinidad) Ltd............................      111.64
All-Others..................................................      111.64
------------------------------------------------------------------------

Amended Cash Deposits and Suspension of Liquidation

    The collection of cash deposits and suspension of liquidation will 
be revised according to the rates established in this amended 
preliminary determination, in accordance with section 773(d) of the 
Tariff Act of 1930, as amended (the Act). Because these amended rates 
result in increased cash deposit rates, they will be effective on the 
date of publication of this notice in the Federal Register.

International Trade Commission Notification

    In accordance with section 773(f) of the Act, we intend to notify 
the International Trade Commission of our amended preliminary 
determination.

Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after public announcement of the amended 
preliminary determination, in accordance with 19 CFR 351.224.
    This amended preliminary determination is issued and published in 
accordance with sections 773(f) and 777(i) of the Act and 19 CFR 
351.224(e).

    Dated: March 1, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-04887 Filed 3-7-22; 8:45 am]
BILLING CODE 3510-DS-P