[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Notices]
[Pages 39847-39849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17072]



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DEPARTMENT OF COMMERCE



International Trade Administration



[A-821-811]




Solid Fertilizer Grade Ammonium Nitrate From the Russian 

Federation; Final Results of the Expedited Sunset Review of Antidumping 

Duty Order



AGENCY: Import Administration, International Trade Administration, 

Department of Commerce.



SUMMARY: On March 1, 2011, the Department of Commerce (``the 

Department'') initiated a second sunset review of the suspended 

antidumping duty investigation on solid fertilizer grade ammonium 

nitrate (``ammonium nitrate'') from the Russian Federation 

(``Russia'').\1\ Effective May 2, 2011, the Department terminated the 

agreement suspending the antidumping duty investigation and issued an 

antidumping duty order on ammonium nitrate from Russia. On the basis of 

the notice of intent to participate, an adequate substantive response 

submitted on behalf of the domestic interested parties, and no 

participation 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 Tariff Act of 1930, as amended 

(``Act'') and 19 CFR 351.218(e)(1)(ii)(C). As a result of this sunset 

review, the Department determined that termination of the antidumping 

duty order would be likely to lead to continuation or recurrence of 

dumping at the levels listed below in the section entitled ``Final 

Results of Review.''

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    \1\ See Initiation of Five-Year (``Sunset'') Review, 76 FR 11202 

(March 1, 2011) (``Notice of Initiation'').



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DATES: Effective Date: July 7, 2011.



FOR FURTHER INFORMATION CONTACT: Julie H. Santoboni or Judith Wey 

Rudman, Office of Policy, Import Administration, International Trade 

Administration, U.S. Department of Commerce, 14th Street and 

Constitution Avenue, NW., Washington, DC, 20230; telephone: 202-482-

3063 or 202-482-0192, respectively.



SUPPLEMENTARY INFORMATION:



History of the Suspension Agreement and Order



    On August 12, 1999, the Department initiated an antidumping duty 

investigation on ammonium nitrate from Russia under section 732 of the 

Act. 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 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 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'') (the predecessor to the 

current Ministry of Economic Development (``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. 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 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 the Final Determination, the 

Department calculated weighted-average dumping margins of 253.98 

percent for JSC Nevinnomyssky Azot, a respondent company in the 

investigation, and for the Russia-wide entity.

    On March 31 and April 1, 2005, respectively, the International 

Trade Commission (``ITC'') instituted, and the Department initiated, a 

five-year sunset review of the suspended antidumping investigation on 

ammonium nitrate from Russia. The Department concluded that termination 

of the suspended antidumping investigation would be likely to 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



[[Page 39848]]



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 sunset review of the ammonium nitrate suspended investigation. 

See Notice of Initiation 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 the MED 

dated February 22, 2011, that had been sent to the United States 

Embassy in Moscow for transmittal to the Department concerning the 

Suspension Agreement. In that letter, the MED stated that it was 

withdrawing from the Suspension Agreement, effective 60 days after 

notice of termination. Effective May 2, 2011, the Department terminated 

the suspension agreement and issued an antidumping duty order. See 

Termination of the Suspension Agreement on Solid Fertilizer Grade 

Ammonium Nitrate From the Russian Federation and Notice of Antidumping 

Duty Order, 76 FR 23569 (April 27, 2011).



Background



    Section 351.218(d)(1)(i) of the Department's regulations provides 

domestic interested parties the opportunity to file a notice of intent 

to participate in a sunset review within 15 days of initiation of 

review. The Department received a notice of intent to participate 

within the applicable deadline specified in 19 CFR 351.218(d)(1)(i) 

from COFANT (``the domestic interested party''). The domestic 

interested party claims interested-party status as a coalition of 

producers of subject merchandise in the United States as defined by 

section 771(9)(C) of the Act. In addition, the domestic interested 

party asserts that its members are not related to a foreign producer/

exporter and are not importers of the subject merchandise. CF 

Industries, one of the members of COFANT, holds a 50 percent interest 

in Keytrade AG, a global fertilizer trader. The domestic interested 

party asserts that Keytrade AG does not sell Russian ammonium nitrate 

to the United States, nor does CF Industries own a controlling interest 

in Keytrade AG, within the meaning of section 771(4)(B) of the Act.

    The Department's regulations at 19 CFR 351.218(d)(3)(i) state that 

all interested parties participating in a sunset review must submit a 

complete substantive response within 30 days of initiation of the 

sunset review. On March 31, 2011, the Department received a complete 

substantive response from the domestic interested party within the 30-

day deadline specified in 19 CFR 351.218(d)(3)(i).\2\ After examining 

the substantive response from the domestic interested party, on April 

12, 2011, the Department determined that the response was adequate, 

consistent with the requirements of 19 CFR 351.218(e). See Memorandum 

from Julie H. Santoboni, Senior Policy Analyst, Office of Policy, 

Import Administration to Judith Wey Rudman, Director for Bilateral 

Agreements, Office of Policy, Import Administration, regarding ``Second 

Sunset Review of the Suspended Investigation of Ammonium Nitrate from 

the Russian Federation: Adequacy Determination'' (April 12, 2011). See 

also Letter from James Maeder, Director, Office 2, AD/CVD Operations, 

Import Administration, to Ms. Catherine DeFilippo, Director, Office of 

Investigations, International Trade Commission (April 18, 2011).

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    \2\ The substantive response was filed prior to the termination 

of the suspension agreement and thus references the suspension 

agreement, rather than the order.

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    The Department did not receive any substantive responses from 

respondent interested parties to this proceeding. On May 10, 2011, 

COFANT filed a letter on the record of this proceeding, asserting that 

an expedited review is warranted and supported by the statute, the 

Statement of Administrative Action, and the Department's regulations. 

Pursuant to section 751(c)(3)(B) of the Act and 19 CFR 

351.218(e)(1)(ii)(C)(2), the Department conducted an expedited (120-

day), sunset review of the antidumping duty order.



Scope of the Order



    The products covered by the order 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 the 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 of the order is dispositive.



Analysis of Comments Received



    All issues raised in this sunset review are addressed in the 

``Issues and Decision Memorandum for the Final Results of the Expedited 

Sunset Review of the Antidumping Duty Order on Solid Fertilizer Grade 

Ammonium Nitrate from the Russian Federation'' from Paul Piquado, 

Deputy Assistant Secretary for Policy and Negotiations, Import 

Administration, to Ronald Lorentzen, Deputy Assistant Secretary for 

Import Administration, dated June 29, 2011 (``Decision Memo''), which 

is hereby adopted by this notice. The issues discussed in the Decision 

Memo include both the likely effects of termination of the suspension 

agreement and underlying investigation and the magnitude of the margin 

likely to prevail if the suspended investigation were terminated. 

Parties can find a complete discussion of all issues raised in this 

sunset review and the corresponding recommendations in this public 

memo, which is on file in room 7046 of the main Commerce 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 termination of the antidumping duty 

order on ammonium nitrate from Russia would be likely to lead to 

continuation or recurrence of dumping at the following weighted-average 

margins:



------------------------------------------------------------------------

                                                               Weighted-

                                                                average

              Manufacturers/producers/exporters                 margin

                                                               (percent)

------------------------------------------------------------------------

JSC Nevinnomyssky Azot......................................      253.98

Russia-Wide Rate............................................      253.98

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    This notice also serves as the only reminder to parties subject to 

administrative protective orders (``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 requested. Failure to comply 

with the regulations and terms of an APO is a violation which is 

subject to sanction.



[[Page 39849]]



    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: June 29, 2011.

Paul Piquado,

Acting Deputy Assistant Secretary for Import Administration.

[FR Doc. 2011-17072 Filed 7-6-11; 8:45 am]

BILLING CODE 3510-DS-P