Urea Ammonium Nitrate Solutions From the Russian Federation: Termination of Antidumping Duty Changed Circumstances Review; Emulsion Styrene-Butadiene Rubber From the Russia Federation: Notification of Intent To Investigate Whether the Russian Federation is a Market Economy, 58061-58063 [2022-20665]
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Federal Register / Vol. 87, No. 184 / Friday, September 23, 2022 / Notices
1 Actual
58061
quantity will be limited to remaining excess inventory.
and Critical Materials collected from E-Waste (Strategic Materials collected from electronics waste).
2 Strategic
request made by the petitioner.1
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
January 10, 2023, unless postponed.’’
[FR Doc. 2022–20687 Filed 9–22–22; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
International Trade Administration
Background
[C–357–826]
White Grape Juice Concentrate From
Argentina: Preliminary Affirmative
Countervailing Duty Determination and
Alignment of Final Determination With
the Final Antidumping Duty
Determination; Correction
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
ACTION: Notice; correction.
AGENCY:
The U.S. Department of
Commerce (Commerce) published a
notice in the Federal Register on
September 6, 2022, in which Commerce
announced the preliminary affirmative
determination in the countervailing
duty (CVD) investigation of white grape
juice concentrate (WGJC) from
Argentina. In that notice, Commerce did
not state that it is aligning the final CVD
determination in this investigation with
the final determination in the
companion antidumping duty (AD)
investigation of WGJC from Argentina.
We are correcting this error with this
notice, as described below.
FOR FURTHER INFORMATION CONTACT:
Gene H. Calvert, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3586.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Correction
In the Federal Register of September
6, 2022, in FR Doc 2022–19190, on page
54455, after the paragraph,
‘‘Methodology,’’ add the following
paragraph regarding alignment:
lotter on DSK11XQN23PROD with NOTICES1
‘‘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 CVD determination in this
investigation with the final
determination in the companion
antidumping duty (AD) investigation of
WGJC from Argentina, based on a
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17:04 Sep 22, 2022
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On September 6, 2022, Commerce
published in the Federal Register the
Preliminary Determination in the CVD
investigation on WGJC from Argentina.2
In that notice, Commerce did not state,
as it had in the accompanying
Preliminary Decision Memorandum,
that it is aligning the final CVD
determination in this investigation with
the final determination in the
companion AD investigation of WGJC
from Argentina. Commerce is hereby
correcting the Preliminary
Determination.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 703(f) and
777(i) of the Tariff Act of 1930, as
amended, and 19 CFR 351.205(c).
(CCR) under the antidumping duty (AD)
investigation of urea ammonium nitrate
solutions (UAN) from the Russian
Federation (Russia), in which
Commerce was examining whether
Russia has remained a market economy
(ME) country for purposes of the AD
law. The examination of whether Russia
has remained an ME country for
purposes of the AD law is now being
continued within the context of the
emulsion styrene-butadiene rubber
(ESBR) investigation from Russia.
DATES: Applicable September 23, 2022.
FOR FURTHER INFORMATION CONTACT:
Leah Wils-Owens, Office of Policy,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4203,
email: Leah.Wils-Owens@trade.gov.
SUPPLEMENTARY INFORMATION:
Background
AGENCY:
On June 30, 2021, Commerce received
petitions for the imposition of AD and
countervailing duties (CVD) on UAN
imported into the United States from
Russia and the Republic of Trinidad and
Tobago. In the petitions,1 the petitioner
stated that information that was
reasonably available to it indicated that
Russia does not operate on market
principles. As such, the petitioner
argued that Commerce should initiate
an investigation into whether, and
should determine that, Russia is a nonmarket economy (NME) country. After
finding that the petitioner’s allegation
met the requirements of section 732 of
the Tariff Act of 1930, as amended (the
Act), on July 30, 2021, Commerce
initiated an AD investigation of UAN
from Russia, as well as an examination
of Russia’s status as an ME country.2
On October 29, 2021, based on the
information on the record, Commerce
determined that Russia remained an ME
country for purposes of AD law.3
However, in its determination,
Commerce noted that,
1 See Petitioner’s Letter, ‘‘Petitioner’s Request for
Alignment of the CVD Determination with the AD
Determination,’’ dated June 27, 2022.
2 See White Grape Juice Concentrate from
Argentina: Preliminary Affirmative Countervailing
Duty Determination, 87 FR 54455 (September 6,
2022) (Preliminary Determination).
1 The petitioner in the UAN proceedings was CF
Industries Nitrogen, LLC and its subsidiaries, Terra
Nitrogen, Limited Partnership and Terra
International (Oklahoma) LLC (collectively, the
petitioner).
2 See Investigation of Urea Ammonium Nitrate
Solutions from the Russian Federation: Opportunity
to Comment on the Russian Federation’s Status as
a Market Economy Country Under the Antidumping
Duty Laws, 86 FR 41008 (July 30, 2021).
3 See Memorandum, ‘‘Review of Russia’s Status as
a Market Economy Country,’’ dated October 29,
2021.
Dated: September 16, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2022–20664 Filed 9–22–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–821–831, A–821–835]
Urea Ammonium Nitrate Solutions
From the Russian Federation:
Termination of Antidumping Duty
Changed Circumstances Review;
Emulsion Styrene-Butadiene Rubber
From the Russia Federation:
Notification of Intent To Investigate
Whether the Russian Federation is a
Market Economy
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is terminating
the changed circumstances review
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E:\FR\FM\23SEN1.SGM
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58062
Federal Register / Vol. 87, No. 184 / Friday, September 23, 2022 / Notices
when Commerce determined Russia to be a
market economy country in 2002, {it}
expected market-oriented reforms to continue
to progress significantly. Since they have not
progressed as significantly as expected and in
some cases have backtracked, Commerce will
monitor the progress of reforms in the
Russian economy for the near future for
purposes of the antidumping duty law.4
In its March 26, 2022, case brief in the
AD investigation of UAN from Russia,
the petitioner argued that the final
phase of the AD investigation of UAN
from Russia was an appropriate time in
the ‘‘near future’’ for Commerce to
revisit its determination regarding
Russia’s ME status and examine
whether its October 2021 findings
regarding that status remain valid,
including its ‘‘findings concerning ruble
convertibility, the environment for
foreign investment, the {Government of
Russia’s} control over Russia’s
economy, rule of law, and freedom of
information.’’ 5 Given Commerce’s
observations in its October 29, 2021
determination, the request in the
petitioner’s case brief, and the
additional information gathered
concerning changes to the economic
conditions in Russia, Commerce
determined to revisit Russia’s status as
an ME country in the context of a CCR
initiated on May 6, 2022.6 Commerce
detailed recent developments in Russia
in an accompanying decision
memorandum, finding that good cause
exists within the meaning of 19 CFR
351.216(c) to initiate a CCR to review
whether Russia remains an ME country
for purposes of administration of the AD
law.7 Therefore, Commerce initiated a
CCR to determine whether Russia
remains an ME country for purposes of
the AD law, pursuant to sections 751(b)
and 771(18)(C)(ii) of the Act, and 19
CFR 351.216(c).
Termination of the CCR
On July 25, 2022, EuroChem
Switzerland (EuroChem), a global
fertilizer supplier and a mandatory
respondent in the UAN from Russia AD
investigation, requested that the CCR be
terminated.8 EuroChem cited the
4 Id.
at 6.
Petitioner’s Letter, ‘‘Urea Ammonium
Nitrate Solutions from the Russian Federation (A–
821–831): Petitioner’s Case Brief,’’ dated March 15,
2022, at 3.
6 See Urea Ammonium Nitrate Solutions from the
Russian Federation: Initiation of Antidumping Duty
Changed Circumstances Review, 87 FR 29286 (May
13, 2022) (CCR Initiation), and accompanying
Decision Memorandum (placed on the record of the
ESBR investigation on September 14, 2022).
7 Id.
8 See EuroChem’s Letter, ‘‘Urea Ammonium
Nitrate Solutions (UAN) from the Russian
Federation,’’ dated July 25, 2022 (placed on the
lotter on DSK11XQN23PROD with NOTICES1
5 See
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17:04 Sep 22, 2022
Jkt 256001
negative injury determination as to UAN
by the U.S. International Trade
Commission (ITC) as grounds for
terminating the CCR.9 EuroChem also
argued that the comments it had
provided in response to the CCR
Initiation, along with comments from
the Government of Russia, had
effectively rebutted Commerce’s claim
that good cause existed to examine
Russia’s ME status.10
Commerce has concluded that it is
necessary to terminate the CCR, because
as a result of the ITC’s finding of no
material injury or threat of material
injury, there is no AD order of UAN
from Russia to review through a CCR.11
ESBR From Russia—Investigation of
Russia’s ME Status
As Commerce is now terminating the
CCR of UAN from Russia, Commerce is
now examining Russia’s ME status
within the context of the AD
investigation of ESBR from Russia,
pursuant to section 771(18)(C)(ii) of the
Act. The final determination of the
investigation of ESBR from Russia is
scheduled to be issued not later than
November 9, 2022. While Commerce
intends to complete the review of
Russia’s ME status by the final
determination, Commerce does not
intend to reconsider the calculation
methodology used for determining the
AD margins in the ESBR from Russia
final determination, as there will not be
sufficient time to do so.
Opportunity for Public Comment and
Submission of Factual Information
Certain parties submitted public
comments and factual information for
consideration in the CCR pursuant to
the Federal eRulemaking Portal:
www.Regulations.gov. These include
comments and, where applicable,
rebuttal comments from:
(a) EuroChem Switzerland;
(b) The Ministry of Economic Development
of the Russian Federation;
(c) CF Industries Nitrogen, LLC and its
subsidiaries, Terra Nitrogen, Limited
Partnership and Terra International
(Oklahoma) LLC; and
(d) Wiley Rein LLP.
Commerce is now requesting these
parties resubmit their comments to the
ESBR from Russia AD investigation (A–
record of the ESBR investigation on September 14,
2022).
9 Id. at 1–2; see also Urea Ammonium Nitrate
Solutions from Russia and Trinidad and Tobago, 87
FR 48689 (August 10, 2022) (finding that an
industry in the United States is not materially
injured or threatened with material injury by reason
of imports of UAN from Russia).
10 Id. at 2.
11 See section 731 of the Act; see also section
751(b)(1) of the Act.
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
821–835) segment on ACCESS. The
parties listed above must resubmit their
comments to the ACCESS ESBR from
Russia AD investigation segment no
later than 5:00 p.m. Eastern Time,
September 28, 2022. The parties listed
above resubmitting their comments
must follow the additional instructions
provided by Commerce in a
memorandum issued concurrently with
this notice and placed on the records of
both the ESBR investigation and the
UAN CCR.12
Commerce is also providing interested
parties that have not already submitted
comments in the CCR with an
opportunity to submit public comments
and factual information regarding
developments in the Russian economy
since October 2021 with respect to the
six factors enumerated in section
771(18)(B) of the Act. If parties have
already submitted comments on
Russia’s status as an ME country in the
context of the CCR discussed above,
new comments from those parties will
not be accepted.
The six factors enumerated in section
771(18)(B) of the Act are:
(i) the extent to which the currency of the
foreign country is convertible into the
currency of other countries;
(ii) the extent to which wage rates in the
foreign country are determined by free
bargaining between labor and management;
(iii) the extent to which joint ventures or
other investments by firms of other foreign
countries are permitted in the foreign
country;
(iv) the extent of government ownership or
control of the means of production;
(v) the extent of government control over
the allocation of resources and over the price
and output decisions of enterprises; and
(vi) such other factors as the administering
authority considers appropriate.
Interested parties may submit
comments and factual information
regarding Russia’s current status as an
ME country no later than 21 days after
the date of publication of this notice in
the Federal Register. Rebuttal
comments, limited to comments on
issues raised in parties’ affirmative
comments, may be filed no later than 10
days after the date for filing affirmative
comments. Comments, factual
information, and rebuttal comments
must contain all public information.
Parties may request a hearing in their
comments. After reviewing all
comments, and factual information,
Commerce will determine whether to
hold a public hearing in the AD
12 See Memorandum, ‘‘Resubmitting Information
and Comments Concerning Russia’s Status as a
Market Economy Country from the Urea
Ammonium Nitrate Solutions Changed
Circumstances Review,’’ dated concurrently with
this notice.
E:\FR\FM\23SEN1.SGM
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Federal Register / Vol. 87, No. 184 / Friday, September 23, 2022 / Notices
investigation of ESBR from Russia,
limited to Russia’s current status as an
ME country.13 If Commerce determines
that a public hearing on this issue is
warranted, it will announce a time and
forum for the hearing.
Notification to Interested Parties
This notice is issued and published in
accordance with section 771(18)(C)(ii) of
the Act.
Dated: September 19, 2022
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2022–20665 Filed 9–22–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–051, C–570–052]
Certain Hardwood Plywood Products
From the People’s Republic of China:
Preliminary Scope Determination and
Affirmative Preliminary Determination
of Circumvention of the Antidumping
and Countervailing Duty Orders;
Extension of Deadline To Certify
Certain Entries
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable September 12, 2022.
SUMMARY: On July 29, 2022, the U.S.
Department of Commerce (Commerce)
published a notice of a preliminary
scope determination and affirmative
preliminary circumvention
determination in the Federal Register
concerning the antidumping duty (AD)
and countervailing duty (CVD) orders
on certain hardwood plywood products
(hardwood plywood) from the People’s
Republic of China (China). This notice
informs parties that Commerce has
extended the deadline for certain
exporters and importers to certify
entries of hardwood plywood exported
from the Socialist Republic of Vietnam
(Vietnam) that were entered, or
withdrawn from warehouse, for
consumption on or after June 17, 2020,
and until August 28, 2022.
FOR FURTHER INFORMATION CONTACT:
Kabir Archuletta, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
lotter on DSK11XQN23PROD with NOTICES1
AGENCY:
13 Other issues in the investigation will be subject
to a briefing schedule to be established after the
issuance of verification reports. Likewise, a hearing
on other issues in the investigation, if one is
scheduled, will be separately scheduled.
VerDate Sep<11>2014
17:04 Sep 22, 2022
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Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2593.
SUPPLEMENTARY INFORMATION: In the
Preliminary Determination, Commerce
established a certification program and
a deadline for certain exporters and
importers to certify that entries of
hardwood plywood exported from
Vietnam that entered, or were
withdrawn from warehouse, for
consumption on or after June 17, 2020,
and until August 28, 2022, are not
subject to the AD/CVD orders on
hardwood plywood from China.1 The
deadline for exporters and importers to
complete these certifications was
September 12, 2022.2
Extension
On September 12, 2022, Commerce
issued a memorandum via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (i.e.,
ACCESS) notifying interested parties
that the deadline for the certifications to
be complete was extended by 80 days.3
Also on September 12, 2022, Commerce
transmitted instructions to U.S. Customs
and Border Protection (CBP) notifying
CBP of the extended deadline.4 The
deadline for exporters and importers to
complete the certification requirements
established in the Preliminary
Determination is now December 1, 2022.
We note that the 36 companies that
Commerce precluded from participating
in this certification program in the
Preliminary Determination are still
precluded from participating in the
certification program we established for
1 See Certain Hardwood Plywood Products from
the People’s Republic of China: Preliminary Scope
Determination and Affirmative Preliminary
Determination of Circumvention of the
Antidumping and Countervailing Duty Orders, 87
FR 45753, 45756–58 (July 29, 2022) (Preliminary
Determination); see also Certain Hardwood
Plywood Products from the People’s Republic of
China: Amended Final Determination of Sales at
Less Than Fair Value, and Antidumping Duty
Order, 83 FR 504 (January 4, 2018); and Certain
Hardwood Plywood Products from the People’s
Republic of China: Countervailing Duty Order, 83
FR 513 (January 4, 2018).
2 See Preliminary Determination, 87 FR 45756.
3 See Memorandum, ‘‘Extension of Deadline to
Certify Certain Entries of Hardwood Plywood and
Response to Request to Modify Cash Deposit
Instructions,’’ dated September 12, 2022.
4 See CBP Message 2255409, ‘‘Notice of amended
deadline for certifications in the Vietnam-wide
circumvention inquiry of the antidumping and
countervailing duty orders on certain hardwood
plywood products and veneered panels from the
People’s Republic of China (A–570–051, C–570–052
and A–552–006, C–552–007),’’ dated September 12,
2022; see also CBP Message 2255410, ‘‘Notice of
amended deadline for certifications in the scope
inquiry of the antidumping and countervailing duty
orders on certain hardwood plywood products and
veneered panels from the People’s Republic of
China (A–570–051 and C–570–052),’’ dated
September 12, 2022.
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58063
applicable exports of hardwood
plywood from Vietnam.5
Notification to Interested Parties
This notice is issued and published in
accordance with sections 781(b) of the
Tariff Act of 1930, as amended and 19
CFR 351.225(f) and (h).6
Dated: September 19, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2022–20666 Filed 9–22–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC392]
Pacific Fishery Management Council;
Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
The Pacific Fishery
Management Council’s (Pacific Council)
Salmon Technical Team (STT) and
Scientific and Statistical Committee’s
(SSC) Salmon Subcommittee will hold
an online meeting.
DATES: The online meeting will be held
Wednesday, October 12 and Thursday,
October 13, 2022. The daily meeting
time will be 8:30 a.m. until 3 p.m., and
all times are Pacific Daylight Time. If
necessary, meetings may continue past
the noticed end time on each day in
order to complete the business at hand.
ADDRESSES: This meeting will be held
online. Specific meeting information,
including directions on how to join the
meeting and system requirements will
be provided in the meeting
announcement on the Pacific Council’s
website (see www.pcouncil.org). You
SUMMARY:
5 See
Preliminary Determination at Appendix V.
significantly revised its scope
regulations on September 20, 2021, with an
effective date of November 4, 2021. See Regulations
to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR
52300 (September 20, 2021). The amendments to 19
CFR 351.225 apply to scope inquiries for which a
scope ruling application is filed, as well as any
scope inquiry self-initiated by Commerce, on or
after November 4, 2021. The newly promulgated 19
CFR 351.226 applies to circumvention inquiries for
which a circumvention request is filed, as well as
any circumvention inquiry self-initiated by
Commerce, on or after November 4, 2021. We note
that these scope and circumvention inquiries were
initiated prior to the effective date of the new
regulations, and, thus, any reference to the
regulations is to the prior version of the regulations.
6 Commerce
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]]>Agencies
[Federal Register Volume 87, Number 184 (Friday, September 23, 2022)]
[Notices]
[Pages 58061-58063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20665]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-831, A-821-835]
Urea Ammonium Nitrate Solutions From the Russian Federation:
Termination of Antidumping Duty Changed Circumstances Review; Emulsion
Styrene-Butadiene Rubber From the Russia Federation: Notification of
Intent To Investigate Whether the Russian Federation is a Market
Economy
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is terminating the
changed circumstances review (CCR) under the antidumping duty (AD)
investigation of urea ammonium nitrate solutions (UAN) from the Russian
Federation (Russia), in which Commerce was examining whether Russia has
remained a market economy (ME) country for purposes of the AD law. The
examination of whether Russia has remained an ME country for purposes
of the AD law is now being continued within the context of the emulsion
styrene-butadiene rubber (ESBR) investigation from Russia.
DATES: Applicable September 23, 2022.
FOR FURTHER INFORMATION CONTACT: Leah Wils-Owens, Office of Policy,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-4203, email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
On June 30, 2021, Commerce received petitions for the imposition of
AD and countervailing duties (CVD) on UAN imported into the United
States from Russia and the Republic of Trinidad and Tobago. In the
petitions,\1\ the petitioner stated that information that was
reasonably available to it indicated that Russia does not operate on
market principles. As such, the petitioner argued that Commerce should
initiate an investigation into whether, and should determine that,
Russia is a non-market economy (NME) country. After finding that the
petitioner's allegation met the requirements of section 732 of the
Tariff Act of 1930, as amended (the Act), on July 30, 2021, Commerce
initiated an AD investigation of UAN from Russia, as well as an
examination of Russia's status as an ME country.\2\
---------------------------------------------------------------------------
\1\ The petitioner in the UAN proceedings was CF Industries
Nitrogen, LLC and its subsidiaries, Terra Nitrogen, Limited
Partnership and Terra International (Oklahoma) LLC (collectively,
the petitioner).
\2\ See Investigation of Urea Ammonium Nitrate Solutions from
the Russian Federation: Opportunity to Comment on the Russian
Federation's Status as a Market Economy Country Under the
Antidumping Duty Laws, 86 FR 41008 (July 30, 2021).
---------------------------------------------------------------------------
On October 29, 2021, based on the information on the record,
Commerce determined that Russia remained an ME country for purposes of
AD law.\3\ However, in its determination, Commerce noted that,
---------------------------------------------------------------------------
\3\ See Memorandum, ``Review of Russia's Status as a Market
Economy Country,'' dated October 29, 2021.
[[Page 58062]]
---------------------------------------------------------------------------
when Commerce determined Russia to be a market economy country in
2002, {it{time} expected market-oriented reforms to continue to
progress significantly. Since they have not progressed as
significantly as expected and in some cases have backtracked,
Commerce will monitor the progress of reforms in the Russian economy
for the near future for purposes of the antidumping duty law.\4\
---------------------------------------------------------------------------
\4\ Id. at 6.
In its March 26, 2022, case brief in the AD investigation of UAN
from Russia, the petitioner argued that the final phase of the AD
investigation of UAN from Russia was an appropriate time in the ``near
future'' for Commerce to revisit its determination regarding Russia's
ME status and examine whether its October 2021 findings regarding that
status remain valid, including its ``findings concerning ruble
convertibility, the environment for foreign investment, the {Government
of Russia's{time} control over Russia's economy, rule of law, and
freedom of information.'' \5\ Given Commerce's observations in its
October 29, 2021 determination, the request in the petitioner's case
brief, and the additional information gathered concerning changes to
the economic conditions in Russia, Commerce determined to revisit
Russia's status as an ME country in the context of a CCR initiated on
May 6, 2022.\6\ Commerce detailed recent developments in Russia in an
accompanying decision memorandum, finding that good cause exists within
the meaning of 19 CFR 351.216(c) to initiate a CCR to review whether
Russia remains an ME country for purposes of administration of the AD
law.\7\ Therefore, Commerce initiated a CCR to determine whether Russia
remains an ME country for purposes of the AD law, pursuant to sections
751(b) and 771(18)(C)(ii) of the Act, and 19 CFR 351.216(c).
---------------------------------------------------------------------------
\5\ See Petitioner's Letter, ``Urea Ammonium Nitrate Solutions
from the Russian Federation (A-821-831): Petitioner's Case Brief,''
dated March 15, 2022, at 3.
\6\ See Urea Ammonium Nitrate Solutions from the Russian
Federation: Initiation of Antidumping Duty Changed Circumstances
Review, 87 FR 29286 (May 13, 2022) (CCR Initiation), and
accompanying Decision Memorandum (placed on the record of the ESBR
investigation on September 14, 2022).
\7\ Id.
---------------------------------------------------------------------------
Termination of the CCR
On July 25, 2022, EuroChem Switzerland (EuroChem), a global
fertilizer supplier and a mandatory respondent in the UAN from Russia
AD investigation, requested that the CCR be terminated.\8\ EuroChem
cited the negative injury determination as to UAN by the U.S.
International Trade Commission (ITC) as grounds for terminating the
CCR.\9\ EuroChem also argued that the comments it had provided in
response to the CCR Initiation, along with comments from the Government
of Russia, had effectively rebutted Commerce's claim that good cause
existed to examine Russia's ME status.\10\
---------------------------------------------------------------------------
\8\ See EuroChem's Letter, ``Urea Ammonium Nitrate Solutions
(UAN) from the Russian Federation,'' dated July 25, 2022 (placed on
the record of the ESBR investigation on September 14, 2022).
\9\ Id. at 1-2; see also Urea Ammonium Nitrate Solutions from
Russia and Trinidad and Tobago, 87 FR 48689 (August 10, 2022)
(finding that an industry in the United States is not materially
injured or threatened with material injury by reason of imports of
UAN from Russia).
\10\ Id. at 2.
---------------------------------------------------------------------------
Commerce has concluded that it is necessary to terminate the CCR,
because as a result of the ITC's finding of no material injury or
threat of material injury, there is no AD order of UAN from Russia to
review through a CCR.\11\
---------------------------------------------------------------------------
\11\ See section 731 of the Act; see also section 751(b)(1) of
the Act.
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ESBR From Russia--Investigation of Russia's ME Status
As Commerce is now terminating the CCR of UAN from Russia, Commerce
is now examining Russia's ME status within the context of the AD
investigation of ESBR from Russia, pursuant to section 771(18)(C)(ii)
of the Act. The final determination of the investigation of ESBR from
Russia is scheduled to be issued not later than November 9, 2022. While
Commerce intends to complete the review of Russia's ME status by the
final determination, Commerce does not intend to reconsider the
calculation methodology used for determining the AD margins in the ESBR
from Russia final determination, as there will not be sufficient time
to do so.
Opportunity for Public Comment and Submission of Factual Information
Certain parties submitted public comments and factual information
for consideration in the CCR pursuant to the Federal eRulemaking
Portal: www.Regulations.gov. These include comments and, where
applicable, rebuttal comments from:
(a) EuroChem Switzerland;
(b) The Ministry of Economic Development of the Russian
Federation;
(c) CF Industries Nitrogen, LLC and its subsidiaries, Terra
Nitrogen, Limited Partnership and Terra International (Oklahoma)
LLC; and
(d) Wiley Rein LLP.
Commerce is now requesting these parties resubmit their comments to
the ESBR from Russia AD investigation (A-821-835) segment on ACCESS.
The parties listed above must resubmit their comments to the ACCESS
ESBR from Russia AD investigation segment no later than 5:00 p.m.
Eastern Time, September 28, 2022. The parties listed above resubmitting
their comments must follow the additional instructions provided by
Commerce in a memorandum issued concurrently with this notice and
placed on the records of both the ESBR investigation and the UAN
CCR.\12\
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\12\ See Memorandum, ``Resubmitting Information and Comments
Concerning Russia's Status as a Market Economy Country from the Urea
Ammonium Nitrate Solutions Changed Circumstances Review,'' dated
concurrently with this notice.
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Commerce is also providing interested parties that have not already
submitted comments in the CCR with an opportunity to submit public
comments and factual information regarding developments in the Russian
economy since October 2021 with respect to the six factors enumerated
in section 771(18)(B) of the Act. If parties have already submitted
comments on Russia's status as an ME country in the context of the CCR
discussed above, new comments from those parties will not be accepted.
The six factors enumerated in section 771(18)(B) of the Act are:
(i) the extent to which the currency of the foreign country is
convertible into the currency of other countries;
(ii) the extent to which wage rates in the foreign country are
determined by free bargaining between labor and management;
(iii) the extent to which joint ventures or other investments by
firms of other foreign countries are permitted in the foreign
country;
(iv) the extent of government ownership or control of the means
of production;
(v) the extent of government control over the allocation of
resources and over the price and output decisions of enterprises;
and
(vi) such other factors as the administering authority considers
appropriate.
Interested parties may submit comments and factual information
regarding Russia's current status as an ME country no later than 21
days after the date of publication of this notice in the Federal
Register. Rebuttal comments, limited to comments on issues raised in
parties' affirmative comments, may be filed no later than 10 days after
the date for filing affirmative comments. Comments, factual
information, and rebuttal comments must contain all public information.
Parties may request a hearing in their comments. After reviewing
all comments, and factual information, Commerce will determine whether
to hold a public hearing in the AD
[[Page 58063]]
investigation of ESBR from Russia, limited to Russia's current status
as an ME country.\13\ If Commerce determines that a public hearing on
this issue is warranted, it will announce a time and forum for the
hearing.
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\13\ Other issues in the investigation will be subject to a
briefing schedule to be established after the issuance of
verification reports. Likewise, a hearing on other issues in the
investigation, if one is scheduled, will be separately scheduled.
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Notification to Interested Parties
This notice is issued and published in accordance with section
771(18)(C)(ii) of the Act.
Dated: September 19, 2022
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-20665 Filed 9-22-22; 8:45 am]
BILLING CODE 3510-DS-P
