[Federal Register Volume 70, Number 204 (Monday, October 24, 2005)]
[Notices]
[Pages 61431-61432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-5864]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-811]


Preliminary Results of Five-year Sunset Review of Suspended 
Antidumping Duty Investigation on Ammonium Nitrate from the Russian 
Federation

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

ACTION: Notice of preliminary results of full sunset review: ammonium 
nitrate from the Russian Federation.

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SUMMARY: On April 1, 2005, the Department of Commerce (``the 
Department'') initiated a sunset review of the suspended antidumping 
duty investigation on ammonium nitrate from the Russian Federation 
(``Russia'') pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (``the Act''). See Notice of Initiation of Five-year 
(``Sunset'') Reviews, 70 FR 16800, (April 1, 2005) (``Initiation 
Notice''). On the basis of notices of intent to participate filed on 
behalf of domestic interested parties and adequate substantive comments 
filed on behalf of domestic and respondent interested parties, the 
Department is conducting a full (240-day) review. As a result of this 
review, the Department preliminarily finds that termination of the 
suspended antidumping duty investigation on ammonium nitrate from 
Russia would likely lead to continuation or recurrence of dumping at 
the levels indicated in the Preliminary Results of Review section of 
this notice.

EFFECTIVE DATE: October 24, 2005.

FOR FURTHER INFORMATION CONTACT: Sally Gannon or Aishe Allen, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone: (202) 482-0162, or 482-0172, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Review

    The products covered by the sunset review of the suspended 
antidumping duty investigation on ammonium nitrate from Russia include 
solid, fertilizer grade ammonium nitrate 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 customs purposes, the written description of the 
merchandise within the scope of this sunset review is dispositive.

History of the Suspension Agreement

    On August 12, 1999, the Department initiated an antidumping duty 
investigation under section 732 of the Act on ammonium nitrate from 
Russia. See Initiation of Antidumping Duty Investigation: Solid 
Fertilizer Grade Ammonium Nitrate From the Russian Federation, 64 FR 
45236 (August 19, 1999). On January 7, 2000, the Department 
preliminarily determined that ammonium nitrate from Russia is being, or 
is likely to be, sold in the United States at less than fair value. See 
Notice of Preliminary Determination of Sales at Less Than Fair Value: 
Solid Fertilizer Grade Ammonium Nitrate From the Russian Federation, 65 
FR 1139 (January 7, 2000).
    The Department suspended the antidumping duty investigation on 
ammonium nitrate from Russia effective May 19, 2000. The basis for this 
action was an agreement between the Department and the Ministry of 
Trade of the Russian Federation (``MOT'') accounting for substantially 
all imports of ammonium nitrate from Russia, wherein the MOT has agreed 
to restrict exports of ammonium nitrate from all Russian producers/
exporters to the United States and to ensure that such exports are sold 
at or above the agreed reference price. See Suspension of Antidumping 
Duty Investigation: Solid Fertilizer Grade Ammonium Nitrate From the 
Russian Federation, 65 FR 37759, (June 16, 2000) (``Suspension 
Agreement''). Thereafter, pursuant to a request by the petitioner, the 
Committee for Fair Ammonium Nitrate Trade (``COFANT''), the Department 
completed its investigation and published in the Federal Register its 
final determination of sales at less that fair value. See Notice of 
Final Determination of Sales at Less Than Fair Value; Solid Fertilizer 
Grade Ammonium Nitrate From the Russian Federation, 65 FR 42669, (July 
11, 2000) (``Final Determination''). In the Final Determination, the 
Department calculated weighted-average dumping margins of 253.98 
percent for Nevinnomyssky Azot, a respondent company in the 
investigation, and for the Russia-wide entity. The Suspension Agreement 
remains in effect for all manufacturers, producers, and exporters of 
ammonium nitrate from Russia.

Background

    On April 1, 2005, the Department initiated a sunset review of the 
suspended antidumping duty investigation on ammonium nitrate from 
Russia, pursuant to section 751(c) of the Act. See Notice of Initiation 
of Five-year (``Sunset'') Reviews, 70 FR 16800 (April 1, 2005). The 
Department received Notices of Intent to Participate on behalf of 
COFANT and Agrium US Inc (``Agrium''), domestic interested parties in 
this proceeding, within the applicable deadline specified in section 
351.218(d)(1)(i) of the Department's Regulations. See Agrium's April 
14, 2005, and COFANT's April 18, 2005, submissions to the Department. 
The domestic interested parties claimed interested-party status under 
section 771(9)(C) of the Act. Id. In addition, the domestic interested 
parties assert that they are not related to a foreign producer/exporter 
and are not importers, or related to importers, of the subject 
merchandise. Id.
    The Department received complete substantive responses from the 
domestic interested parties within the 30-day deadline specified in the 
Department's regulations under section 351.218(d)(3)(i). See Agrium's 
April 29, 2005, and COFANT's May 2, 2005, substantive responses. Also, 
on May 2, 2005, the Department received a partial substantive response 
from respondent interested parties: MCC EuroChem (``EuroChem''); 
Novomoskovskiy Azot (``NAK''); Nevinnomyssky Azot; JSC Minudobreniya; 
JSC Acron; and JSC Dorogobuzh (collectively ``Russian respondents''). 
In their initial response, the Russian respondents requested a one-week 
extension to submit a complete substantive response. On May

[[Page 61432]]

4, 2005, COFANT submitted a letter to the Department objecting to the 
Russian respondents' extension request. The Department granted the 
Russian respondents an extension and on May 9, 2005, the Department 
received a substantive supplemental response from the Russian 
respondents. COFANT and the Russian respondents filed rebuttal briefs 
to each other's substantive responses on May 16, 2005. See COFANT's and 
the Russian respondents' rebuttal responses, dated May 16, 2005. On May 
24, 2005, the Department issued a questionnaire to the Russian 
respondents, requesting additional information on their substantive 
responses. On June 1, 2005, the Russian respondents submitted this 
additional information.
    In a sunset review, the Department normally will conclude that 
there is adequate response from respondent interested parties such that 
it is appropriate to conduct a full sunset review where respondent 
interested parties who filed complete substantive responses account for 
more than 50 percent, by volume, of total exports of subject 
merchandise to the United States. See Section 351.218(e)(1)(ii)(A) of 
the Department's regulations. After examining the respondent interested 
parties' total exports of the subject merchandise, the Department 
determined that the respondent interested parties, who filed complete 
substantive responses, accounted for the requisite amount of 
production. See Memorandum from the Sunset Team to Ronald Lorentzen, 
Acting Director, Office of Policy, ``Adequacy Determination: Sunset 
Review of the Antidumping Duty Suspension Agreement on Ammonium Nitrate 
from the Russian Federation,'' dated May 24, 2005. Because the 
respondent interested parties submitted an adequate response to the 
notice of initiation, the Department is conducting a full (240-day) 
sunset review in accordance with section 751(c)(5)(A) of the Act, and 
section 351.218(e)(1)(i) of the Department's regulations. On May 24, 
2005, the Department notified the International Trade Commission 
(``ITC'') that it received an adequate response to the notice of 
initiation from the respondent interested parties and, therefore, is 
conducting a full (240-day) sunset review. The Department's preliminary 
results of this review were scheduled for July 20, 2005, and its final 
results of this review were scheduled for November 28, 2005. On July 
19, 2005, the Department decided to extend time limits for its 
preliminary and final results in the full sunset review of the 
suspended antidumping duty investigation on ammonium nitrate from 
Russia because it needed additional time for its analysis. As a result 
of this extension, the Department is issuing the preliminary results of 
this sunset review on or about October 18, 2005 and the final results 
of this sunset review by February 27, 2006.

Analysis of Comments Received

    All issues raised by parties to this sunset review are addressed in 
the Issues and Decision Memorandum for the Suspended Antidumping Duty 
Investigation on Ammonium Nitrate from the Russian Federation 
(``Decision Memorandum'') from Ron Lorentzen, Acting Director, Office 
of Policy, Import Administration, to Joseph A. Spetrini, Acting 
Assistant Secretary, Import Administration, dated October 17, 2005, 
which is adopted by this notice. The issues discussed in the Decision 
Memorandum include the likelihood of continuation or recurrence of 
dumping and the magnitude of the margins likely to prevail were the 
suspended antidumping duty investigation to be terminated. Parties may 
find a complete discussion of all issues raised in this review and the 
corresponding recommendations in this public memorandum which is on 
file in the Central Records Unit, room B-099, of the main Department of 
Commerce building. In addition, a complete version of the Decision 
Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov/frn, under the heading ``October 2005.'' The paper copy 
and electronic version of the Decision Memorandum are identical in 
content.

Preliminary Results of Review

    We preliminarily determine that termination of the suspended 
antidumping duty investigation on ammonium nitrate from Russia would 
likely lead to a continuation or recurrence of dumping at the following 
percentage weighted-average margin:

------------------------------------------------------------------------
                                                            Weighted-
                 Exporter/manufacturer                    average margin
                                                            (percent)
------------------------------------------------------------------------
JSC Azot Nevinnomyssky.................................         253.98
Russia-Wide............................................         253.98
------------------------------------------------------------------------

    Any interested party may request a hearing within 30 days of 
publication of this notice in accordance with section 351.310(c) of the 
Department's regulations. Interested parties may submit case briefs no 
later than December 7, 2005, in accordance with section 
351.309(c)(1)(i) of the Department's regulations. Rebuttal briefs, 
which must be limited to issues raised in the case briefs, may be filed 
not later than December 12, 2005. Any hearing, if requested, will be 
held on December 14, 2005, in accordance with section 351.310(d) of the 
Department's regulations. The Department will issue a notice of final 
results of this sunset review, which will include the results of its 
analysis of issues raised in any such comments, no later than February 
27, 2006.
    This sunset review and notice are in accordance with sections 
751(c), 752, and 777(i)(1) of the Act.

    Dated: October 17, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-5864 Filed 10-21-05; 8:45 am]
BILLING CODE 3510-DS-S