[Federal Register Volume 66, Number 177 (Wednesday, September 12, 2001)]
[Notices]
[Page 47451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22934]



[[Page 47451]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-823-810]


Antidumping Duty Order: Solid Agricultural Grade Ammonium Nitrate 
From Ukraine

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of antidumping duty order.

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EFFECTIVE DATE: September 12, 2001.

FOR FURTHER INFORMATION CONTACT: Jarrod Goldfeder, Melani Miller, or 
Anthony Grasso, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
0189, (202) 482-0116, or (202) 482-3853, respectively.

The Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (``the Act''), are references to the provisions 
effective January 1, 1995, the effective date of the amendments made to 
the Act by the Uruguay Round Agreements Act. In addition, unless 
otherwise indicated, all citations to the Department of Commerce (``the 
Department'') regulations are to the regulations at 19 CFR part 351 
(April 2000).

Scope of Order

    The products covered by this antidumping duty order are solid, 
fertilizer grade ammonium nitrate (``ammonium nitrate'' or ``subject 
merchandise'') products, whether prilled, granular or in other solid 
form, with or without additives or coating, and with a bulk density 
equal to or greater than 53 pounds per cubic foot. Specifically 
excluded from this scope is solid ammonium nitrate with a bulk density 
less than 53 pounds per cubic foot (commonly referred to as industrial 
or explosive grade ammonium nitrate). The merchandise subject to this 
investigation is classified in the Harmonized Tariff Schedule of the 
United States (``HTSUS'') at subheading 3102.30.00.00. Although the 
HTSUS subheadings are provided for convenience and for purposes of the 
Customs Service, the written description of the merchandise under 
investigation is dispositive.

Antidumping Duty Order

    On July 25, 2001, the Department published in the Federal Register 
the Notice of Final Determination of Sales At Less Than Fair Value: 
Solid Agricultural Grade Ammonium Nitrate From Ukraine, 66 FR 38632 
(July 25, 2001) (``Final Determination'').
    On August 31, 2001, in accordance with section 735(d) of the Act, 
the U.S. International Trade Commission (``ITC'') notified the 
Department that a U.S. industry is ``materially injured,'' within the 
meaning of section 735(b)(1)(A)(i) of the Act, by reason of less-than-
fair-value imports of ammonium nitrate from Ukraine.
    Therefore, in accordance with section 736(a)(1) of the Act, the 
Department will direct the Customs Service to assess, upon further 
advice by the Department, antidumping duties equal to the amount by 
which the normal value of the subject merchandise exceeds the export 
price or constructed export price of the subject merchandise for all 
entries of ammonium nitrate from Ukraine. Antidumping duties will be 
assessed on all unliquidated entries of ammonium nitrate from Ukraine 
entered, or withdrawn from warehouse, for consumption on or after March 
5, 2001, the date of publication of the Department's preliminary 
determination in the Federal Register. See Notice of Preliminary 
Determination of Sales at Less Than Fair Value and Postponement of 
Final Determination: Solid Agricultural Grade Ammonium Nitrate From 
Ukraine, 66 FR 13286 (March 5, 2001).
    The ITC further found that critical circumstances do not exist with 
respect to imports of the subject merchandise from Ukraine. As a 
result, the Department will direct Customs officers to refund any cash 
deposits made, or bonds posted, pursuant to the Department's 
affirmative determination of critical circumstances for all merchandise 
produced/exported by all Ukrainian companies which were entered on or 
after December 5, 2000 (which is 90 days prior to the Department's 
preliminary determination publication date of March 5, 2001) and before 
March 5, 2001.
    On or after the date of publication of this notice in the Federal 
Register, Customs officers must require, at the same time as importers 
would normally deposit estimated duties, cash deposits for the subject 
merchandise equal to the weighted-average antidumping duty margins as 
noted below. The ``Ukraine-wide Rate'' applies to all exporters of 
ammonium nitrate not specifically listed below:

------------------------------------------------------------------------
                                                             Weighted-
                  Exporter/manufacturer                   average margin
                                                            percentage
------------------------------------------------------------------------
J.S.C. ``Concern'' Stirol...............................          156.29
Ukraine-wide Rate.......................................          156.29
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
ammonium nitrate from Ukraine, pursuant to section 735(a) of the Act. 
Interested parties may contact the Central Records Unit, Room B-099 of 
the Main Commerce Building for copies of an updated list of antidumping 
duty orders currently in effect.
    This order is published in accordance with sections 736(a) and 19 
CFR 351.211.

    Dated: September 6, 2001.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
[FR Doc. 01-22934 Filed 9-11-01; 8:45 am]
BILLING CODE 3510-DS-P