[Federal Register Volume 71, Number 43 (Monday, March 6, 2006)]
[Notices]
[Pages 11177-11178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-3086]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-821-811


Final 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.
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 conducted a full (240-day) review. As a result of this 
review, the Department 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 Final Results of Review section of this notice.

EFFECTIVE DATE: March 6, 2006.

FOR FURTHER INFORMATION CONTACT: Judith Wey Rudman or Aishe Allen, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-0192, 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 review is classified in the Harmonized 
Tariff Schedule of the United States (``HTSUS'') at subheading

[[Page 11178]]

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). On 
October 24, 2005, the Department published the preliminary results of 
the full sunset review of the suspended antidumping duty investigation 
on ammonium nitrate from Russia. See Preliminary Results of Five-year 
Sunset Review of Suspended Antidumping Duty investigation on Ammonium 
Nitrate from the Russian Federation, 70 FR 61431 (October 24, 2005) 
(``Preliminary Results'') and the accompanying Issues and Decision 
Memorandum for the Preliminary Results of the Full Five-year Sunset 
Review of the Suspended Antidumping Duty Investigation on Ammonium 
Nitrate from the Russian Federation (``Preliminary Results Decision 
Memorandum''). In the Preliminary Results, the Department preliminarily 
found that the termination of the suspended antidumping duty 
investigation would likely lead to continuation or recurrence of 
dumping (for a full discussion of the Department's preliminary finding 
see the Preliminary Results and the Preliminary Results Decision 
Memorandum).
    On December 7, 2005, the Department received a case brief from the 
petitioner in this proceeding, the Committee for Fair Ammonium Nitrate 
Trade (``COFANT''). No other case briefs or rebuttal briefs were 
received.

Analysis of Comments Received

    All issues raised by parties to this sunset review are addressed in 
the Issues and Decision Memorandum for the Final Results of the of the 
Full Five-year Sunset Review of the Suspended Antidumping Duty 
Investigation on Ammonium Nitrate from the Russian Federation (``Final 
Results Decision Memorandum'') from Joseph A. Spetrini, Deputy 
Assistant Secretary for Policy and Negotiations, to David M. Spooner, 
Assistant Secretary for Import Administration, dated February 27, 2006, 
which is adopted by this notice. The issues discussed in the Final 
Results 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 Final Results Decision Memorandum can be accessed 
directly on the Web at http://ia.ita.doc.gov/frn. The paper copy and 
electronic version of the Final Results Decision Memorandum are 
identical in content.

Final Results of Review

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

    This notice also serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 of the 
Department's regulations. Timely notification of the return or 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and terms 
of an APO is a violation which is subject to sanction.
    This sunset review and notice are in accordance with sections 
751(c), 752, and 777(i)(1) of the Act.

    Dated: February 27, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-3086 Filed 3-3-06; 8:45 am]
BILLING CODE 3510-DS-S