[Federal Register Volume 73, Number 100 (Thursday, May 22, 2008)]
[Notices]
[Pages 29736-29738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11520]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-821-801)


Solid Urea from the Russian Federation: Final Results of 
Antidumping Duty New-Shipper Review and Rescission of Antidumping Duty 
Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On December 26, 2007, the Department of Commerce (the 
Department) published the preliminary results of a new-shipper review 
of the antidumping duty order on solid urea from the Russian 
Federation. The solid urea subject to this review was produced and 
exported by MCC EuroChem (EuroChem). The period of review (POR) is July 
1, 2006, through December 31, 2006. Based on our analysis of comments 
received, we have not made any changes to our calculation of EuroChem's 
antidumping-duty margin. Therefore, our final results are identical to 
our published preliminary results. The final results are listed below 
in the section entitled ``Final Results of the New-Shipper Review''. 
Furthermore, we are rescinding the concurrent administrative review of 
the antidumping duty order because it covers the same entry that we 
reviewed

[[Page 29737]]

in the context of the new-shipper review.

EFFECTIVE DATE: May 22, 2008.

FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Minoo Hatten, AD/CVD 
Operations, Office 5, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
0410 and (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 26, 2007, the Department published the preliminary 
results of the new-shipper review of the antidumping duty order on 
solid urea from the Russian Federation. See Solid Urea From the Russian 
Federation: Preliminary Results and Extension of Time Limit for Final 
Results of the Antidumping Duty New-Shipper Review, 72 FR 72988 
(December 26, 2007) (Preliminary Results). On February 27, 2008, we 
issued a post-preliminary analysis decision memorandum and margin 
recalculations concerning our sales-below-cost investigation of 
EuroChem.
    On March 21, 2008, the Ad Hoc Committee of Domestic Nitrogen 
producers (the petitioner) withdrew its sales-below-cost allegation and 
requested that the Department terminate the cost investigation. On 
March 24, 2008, EuroChem submitted a letter arguing that the Department 
should not terminate the cost investigation. After considering all 
comments, on March 27, 2008, we terminated the cost investigation. See 
Memorandum from Minoo Hatten to Laurie Parkhill dated March 27, 2008.
    On March 28, 2008, we received a case brief from the petitioner. On 
April 4, 2008, we received a rebuttal brief from EuroChem. Although the 
petitioner and EuroChem had requested a hearing, both parties withdrew 
their requests for a hearing on April 15, 2008.

Scope of the Order

    The merchandise under review is solid urea, a high-nitrogen content 
fertilizer which is produced by reacting ammonia with carbon dioxide. 
The product is currently classified under the Harmonized Tariff 
Schedules of the United States (HTSUS) item number 3102.10.00.00. 
Previously such merchandise was classified under item number 480.3000 
of the Tariff Schedules of the United States. Although the HTSUS 
subheading is provided for convenience and customs purposes, the 
written description of the merchandise is dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this new-shipper review are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memorandum) from Stephen J. Claeys, Deputy 
Assistant Secretary for Import Administration, to David M. Spooner, 
Assistant Secretary for Import Administration, dated May 15, 2008, 
which is hereby adopted by this notice. A list of the issues which the 
parties have raised and to which we have responded is attached to this 
notice as an appendix. Parties can find a complete discussion of all 
issues raised and corresponding recommendations in this public 
memorandum, which is on file in Import Administration's Central Records 
Unit, Room 1117 of the main Department building. In addition, a 
complete version of the Decision Memorandum is available on the 
Internet at http://ia.ita.doc.gov/frn/index.html. The paper copy and 
electronic version of the Decision Memorandum are identical in content.

Changes Since the Post-Preliminary Results

    Because we terminated the cost investigation, the only change we 
have made has been to revert to the margin calculations we used for the 
published preliminary results in which we did not perform the cost 
test. See Preliminary Results, 72 FR at 72991, and the preliminary 
results analysis memorandum for EuroChem dated December 17, 2007, for 
our calculation of EuroChem's margin.

Final Results of the New-Shipper Review

    We determine that the weighted-average margin on solid urea from 
the Russian Federation produced and exported by EuroChem for the period 
July 1, 2006, through December 31, 2006, is zero percent.

Rescission of Administrative Review

    On August 20, 2007, we initiated an administrative review of the 
antidumping duty order on solid urea from Russia for the period July 1, 
2006, through June 30, 2007. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Request for Revocation 
in Part, 72 FR 48613 (August 20, 2007).
    Because we have analyzed the entry covered by the administrative 
review in the context of this concurrent new-shipper review, we are 
rescinding the administrative review.

Assessment Rates

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries in accordance with 19 CFR 351.212. The Department will issue 
assessment instructions for EuroChem directly to CBP 15 days after the 
date of publication of these final results.
    Because we found no margin for the U.S. sale subject to this new-
shipper review, we will instruct CBP to liquidate the appropriate entry 
without regard to antidumping duties.

Cash-Deposit Requirements

    The following cash-deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of the new-shipper review, as provided by section 
751(a)(2)(C) of the Act: 1) the cash-deposit rate for subject 
merchandise both manufactured and exported by EuroChem will be zero; 2) 
for previously reviewed or investigated companies not listed above, the 
cash-deposit rate will continue to be the company-specific rate 
published for the most recent period; 3) if the exporter is not a firm 
covered in this review or the original less-than-fair-value (LTFV) 
investigation but the manufacturer is, the cash-deposit rate will be 
the rate established for the most recent period for the manufacturer of 
the merchandise; and 4) the cash-deposit rate for all other 
manufacturers or exporters will continue to be 64.93 percent, the all-
others rate established in the LTFV investigation. See Urea From the 
Union of Soviet Socialist Republics; Final Determination of Sales at 
Less Than Fair Value, 52 FR 19557 (May 26, 1987). These cash-deposit 
requirements shall remain in effect until further notice.

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

[[Page 29738]]

Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to parties subject to an 
administrative protective order of their responsibility concerning the 
disposition of proprietary information disclosed under such an order in 
accordance with 19 CFR 351.305(a)(3). Timely notification of the return 
or destruction of administrative-protective-order materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an administrative 
protective order is a sanctionable violation.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(2)(B) and 777(i)(1) of the Act.

    Dated: May 15, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix

Comment 1: Qualification as a New Shipper
Comment 2: Bona-Fide Transaction
[FR Doc. E8-11520 Filed 5-21-08; 8:45 am]
BILLING CODE 3510-DR-S