[Federal Register Volume 71, Number 233 (Tuesday, December 5, 2006)]
[Notices]
[Pages 70508-70509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20551]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-823-810


Solid Agricultural Grade Ammonium Nitrate from Ukraine; Final 
Results of the Expedited Sunset Review of the Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 1, 2006, the Department of Commerce (``Department'') 
initiated a sunset review of the antidumping duty order on solid 
agricultural grade ammonium nitrate from Ukraine pursuant to section 
751(c) of the Tariff Act of 1930, as amended (``the Act''). On the 
basis of a notice of intent to participate and a complete substantive 
response filed on behalf of the domestic interested parties and an 
inadequate response from respondent interested parties, the Department 
conducted an expedited sunset review of the antidumping duty order 
pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(B). As a result of this sunset review, the Department 
finds that revocation of the order 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:  December 5, 2006.

FOR FURTHER INFORMATION CONTACT: Audrey Twyman, Damian Felton, or 
Brandon Farlander, AD/CVD Operations, Office 1, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street & Constitution Avenue, NW, Washington, DC 20230; telephone: 
(202) 482-3534, (202) 482-0133, and (202) 482-0182, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 1, 2006, the Department initiated a sunset review of the 
antidumping duty order on solid agricultural grade ammonium nitrate 
(``ammonium nitrate'') from Ukraine pursuant to section 751(c) of the 
Act. See Initiation of Five-year (Sunset) Reviews, 71 FR 43443 (August 
1, 2006) (``Notice of Initiation''). The Department received a notice 
of intent to participate from the following domestic parties: the 
Committee for Fair Ammonium Nitrate Trade (``COFANT'') and its 
individual producer members, El Dorado Chemical Company and Terra 
Industries, Inc. (also known as ``domestic interested parties'') within 
the deadline specified in 19 CFR 351.218(d)(1)(I). COFANT claims 
interested party status under section 771(9)(C) of the Act as domestic 
manufacturers of ammonium nitrate for its members.
    The Department received a complete substantive response 
collectively from the domestic interested parties within the 30-day 
deadline specified in 19 CFR 351.218(d)(3)(i). The Department also 
received a substantive response from respondent interested party, Open 
Joint Stock Company ``Azot,'' within the deadline specified in 19 CFR 
351.218(d)(3)(i). On September 7, 2006, the domestic interested parties 
submitted a rebuttal to Azot's substantive response. On September 20, 
2006, the Department determined that the respondent interested party 
did not account for more than 50 percent of exports by volume of the 
subject merchandise, because it reported that it had no exports during 
the 2001-2005 sunset review period. Therefore, the Department concluded 
that the respondent interested party did not submit an adequate 
response to the Department's Notice of Initiation. See Memorandum to 
Susan H. Kuhbach entitled, ``Adequacy Determination in

[[Page 70509]]

Antidumping Duty Sunset Review of Solid Agricultural Grade Ammonium 
Nitrate from Ukraine,'' (September 20, 2006). On October 10, 2006, the 
domestic interested parties submitted comments supporting the 
Department's adequacy determination.
    Pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2), the Department has 
conducted an expedited sunset review of this antidumping duty order.

Scope of the Order

    The merchandise covered by this 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. HTSUS subheadings are provided 
for convenience and customs purposes. The written description of the 
scope of the order is dispositive.

Analysis of Comments Received

    All issues raised in these reviews are addressed in the ``Issues 
and Decision Memorandum for the Expedited Sunset Review of the 
Antidumping Duty Order on Solid Agricultural Grade Ammonium Nitrate 
from Ukraine; Final Results'' (``Decision Memo'') from Stephen J. 
Claeys, Deputy Assistant Secretary for Import Administration, to David 
M. Spooner, Assistant Secretary for Import Administration (November 29, 
2006), which is hereby adopted by this notice. The issues discussed in 
the Decision Memo include the likelihood of continuation or recurrence 
of dumping and the magnitude of the margins likely to prevail if the 
order were to be revoked. Parties can find a complete discussion of all 
issues raised in these reviews and the corresponding recommendations in 
this public memorandum which is on file in room B-099 of the main 
Department building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper 
copy and electronic version of the Decision Memo are identical in 
content.

Final Results of Review

    The Department determines that revocation of the antidumping duty 
order on ammonium nitrate from Ukraine would be likely to lead to 
continuation or recurrence of dumping at the rates listed below:

------------------------------------------------------------------------
                 Producers/Exporters                   Margin (percent)
------------------------------------------------------------------------
J.S.C. ``Concern'' Stirol...........................              156.29
All Others rate\1\..................................              156.29
------------------------------------------------------------------------
\1\ As of February 1, 2006, Ukraine graduated to market economy status
  (see Final Results of Inquiry Into Ukraine's Status as a Non-Market
  Economy Country, February 24, 2006 (71 FR 9520)). As a result, the
  Ukraine-wide rate is now the All Others rate. See Certain Cut-to-
  Length Carbon Steel Plate from Romania: Notice of Final Results and
  Final Partial Rescission of Antidumping Duty Administrative Review, 71
  FR 12651 (March 15, 2005) and accompanying Issues and Decision
  Memorandum at Comment 2.

Notification regarding Administrative Protective Order

    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. 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.
    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752(c), and 777(i)(1) of the Act.

    Dated: November 29, 2006.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E6-20551 Filed 12-4-06; 8:45 am]
Billing Code: 3510-DS-S