[Federal Register Volume 76, Number 81 (Wednesday, April 27, 2011)]
[Notices]
[Pages 23569-23570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10176]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-811]


Termination of the Suspension Agreement on Solid Fertilizer Grade 
Ammonium Nitrate From the Russian Federation and Notice of Antidumping 
Duty Order

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

SUMMARY: On March 3, 2011, the Department of Commerce (``the 
Department'') received a letter from the Ministry of Economic 
Development (``MED'') of the Russian Federation (``Russia'') dated 
February 22, 2011, that had been sent to the United States Embassy in 
Moscow for transmittal to the Department concerning the Agreement 
Suspending the Antidumping Duty (``AD'') Investigation on Solid 
Fertilizer Grade Ammonium Nitrate from the Russian Federation (``the 
Agreement''). In that letter, the MED stated that it was withdrawing 
from the Agreement. In accordance with Section X.C. of the Agreement, 
termination of the Agreement shall be effective 60 days after notice of 
termination of the Agreement is given to the Department. Pursuant to 
section 734(g) of the Tariff Act of 1930, as amended (``the Act''), the 
underlying investigation was continued following the signature of the 
Agreement, resulting in an affirmative determination of dumping 
resulting in material injury to a domestic industry. Therefore, the 
Department is terminating the Agreement and issuing an AD order, 
effective May 2, 2011 (60 days from when the Department received notice 
of MED's request for termination). The Department also will direct 
suspension of liquidation to begin on that date.

DATES: Effective Date: May 2, 2011.

FOR FURTHER INFORMATION CONTACT: Judith Wey Rudman or Julie Santoboni, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-0192 or (202) 482-3063, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On August 12, 1999, the Department initiated an AD investigation 
under section 732 of the Act to determine whether imports of solid 
fertilizer grade ammonium nitrate (``ammonium nitrate'') from Russia 
were being, or were likely to be, sold in the United States at less 
than fair value. See Initiation of Antidumping Duty Investigation: 
Solid Fertilizer Grade Ammonium Nitrate from the Russian Federation, 64 
FR 45236 (August 19, 1999). On September 15, 1999, the International 
Trade Commission (``ITC'') published its affirmative preliminary injury 
determination. (See Certain Ammonium Nitrate from Russia, Investigation 
No. 731-TA-856 (Preliminary), 64 FR 50103 (September 15, 1999)). On 
January 7, 2000, the Department published its preliminary determination 
that ammonium nitrate was being, or was 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 AD investigation on ammonium nitrate 
from Russia, effective May 19, 2000 (See Suspension of Antidumping Duty 
Investigation: Solid Fertilizer Grade Ammonium Nitrate from the Russian 
Federation, 65 FR 37759 (June 16, 2000)). The basis for this action was 
an agreement between the Department and the Ministry of Trade of the 
Russian Federation (``MOT'') (the MOT was the predecessor to the MED) 
accounting for substantially all imports of ammonium nitrate from 
Russia, wherein the MOT agreed to restrict exports of ammonium nitrate 
from all Russian producers/exporters to the United States and to ensure 
that such exports were sold at or above the agreed reference price. 
Thereafter, pursuant to a request by the petitioner, the Committee for 
Fair Ammonium Nitrate Trade (``COFANT''), the Department completed its 
investigation and published its final determination of sales at less 
than 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 its Final Determination, the Department calculated 
weighted-average dumping margins of 253.98 percent for Nevinnomyssky 
Azot, a respondent company in the investigation, and as the Russia-wide 
rate. The ITC published its final affirmative injury determination on 
August 21, 2000 (See Certain Ammonium Nitrate from Russia, 
Investigation No. 731-TA-856 (Final), 65 FR 50179 (August 21, 2000) 
(``ITC Final Injury Determination'')).
    On March 31 and April 1, 2005, respectively, the ITC instituted, 
and the Department initiated, a five-year sunset review of the 
suspended AD investigation on ammonium nitrate from Russia. The 
Department concluded that termination of the suspended AD investigation 
would likely lead to continuation or recurrence of dumping and the ITC 
concluded that termination of the suspended investigation would be 
likely to lead to continuation or recurrence of material injury to an 
industry in the United States within a reasonably foreseeable time. See 
Final Results of Five-Year Sunset Review of Suspended Antidumping Duty 
Investigation on Ammonium Nitrate from the Russian Federation, 71 FR 
11177 (March 6, 2006) and Ammonium Nitrate from Russia, Investigation 
No. 731-TA-856 (Review), 71 FR 16177 (March 30, 2006), respectively. On 
March 1, 2011, the Department initiated and the ITC instituted a 
(second) five-year sunset review of the ammonium nitrate suspended 
investigation. See Notice of Initiation of Five-Year (``Sunset'') 
Reviews, 76 FR 11202 (March 1, 2011) and Ammonium Nitrate from Russia, 
Investigation No. 731-TA-856 (Second Review), 76 FR 11273 (March 1, 
2011).
    On March 3, 2011, the Department received a letter from MED dated 
February 22, 2011, that had been sent to the United States Embassy in 
Moscow for transmittal to the Department concerning the Agreement. In 
that letter, the MED stated that it was withdrawing from the Agreement, 
effective 60 days after notice of termination.

Scope of the Order

    The products covered by the order include solid, fertilizer grade 
ammonium nitrate products, whether prilled, granular or in other solid 
form, with or without additives or coating,

[[Page 23570]]

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 order 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 is dispositive.

Termination of Suspended Investigation and Issuance of AD Order

    Article X.C of the Agreement states:

    MOT or DOC may terminate this Agreement at any time upon written 
notice to the other party. Termination shall be effective 60 days 
after such notice is given. Upon termination of this Agreement, the 
provisions of U.S. antidumping law and regulations shall apply.

    As noted above, the underlying investigation in this proceeding was 
continued pursuant to section 734(g) of the Act, following the 
acceptance of the Agreement. The Department made a final affirmative AD 
determination, and the ITC found material injury. See Final 
Determination and ITC Final Injury Determination. Therefore, in 
accordance with section 735(c) of the Act, the Department will issue an 
antidumping duty order and instruct U.S. Customs and Border Protection 
(``CBP'') to suspend liquidation of entries of subject merchandise, 
effective May 2, 2011, which is 60 days from the date the Department 
received the letter from MED stating its withdrawal from the Agreement.

Antidumping Duty Order

    In accordance with section 736(a)(1) of the Act, the Department 
will direct CBP to assess, beginning on May 2, 2011, an antidumping 
duty equal to the weighted-average AD margins listed below.
    We will instruct CBP to require a cash deposit for each entry equal 
to the AD weighted-average margin rates found in the Department's July 
11, 2000, Final Determination, as listed below. These suspension-of-
liquidation instructions will remain in effect until further notice. 
The ``Russia-wide'' rate applies to all producers and exporters of 
subject merchandise not specifically listed. The final AD ad valorem 
rates are as follows:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Manufacturer/exporter                       margin
                                                             (percent)
------------------------------------------------------------------------
JSC Nevinnomyssky Azot..................................          253.98
Russia-wide.............................................          253.98
------------------------------------------------------------------------

    This notice constitutes the AD order with respect to ammonium 
nitrate from Russia, pursuant to section 736(a) of the Act. Interested 
parties may contact the Department's Central Records Unit, room 7046 of 
the main Commerce building, for copies of an updated list of AD orders 
currently in effect. This order is issued and published in accordance 
with section 736(a) of the Act and 19 CFR 351.211(b).

    Dated: April 21, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-10176 Filed 4-26-11; 8:45 am]
BILLING CODE 3510-DS-P