[Federal Register Volume 77, Number 188 (Thursday, September 27, 2012)]
[Notices]
[Page 59377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23828]


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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 Second Sunset Review of the Antidumping Duty 
Order

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

DATES:  Effective Date: September 27, 2012.

SUMMARY: On June 1, 2012, the Department of Commerce (``Department'') 
published in the Federal Register the notice of initiation of the 
second sunset review of the antidumping duty order on solid 
agricultural grade ammonium nitrate from Ukraine. The Department has 
conducted an expedited sunset review of this order. As a result of this 
sunset review, the Department finds that revocation of the antidumping 
duty order would be likely to lead to continuation or recurrence of 
dumping at the rates identified in the ``Final Results of Review'' 
section of this notice.

FOR FURTHER INFORMATION CONTACT: Mahnaz Khan or Yasmin Nair, AD/CVD 
Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-0914 
and (202) 482-3813, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On June 1, 2012, the Department initiated the second 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''). See Initiation of Five-Year 
(``Sunset'') Review, 77 FR 32527 (June 1, 2012). The Department 
received a notice of intent to participate from domestic interested 
parties CF Industries, Inc. and El Dorado Chemical Company 
(collectively, ``Petitioners''), within the deadline specified in 19 
CFR 351.218(d)(1)(i). Petitioners claimed interested party status under 
section 771(9)(C) of the Act as a manufacturer, producer, or wholesaler 
in the United States of a domestic-like product.
    On July 2, 2012, the Department received a substantive response 
from Petitioners. In addition to meeting the other requirements of 19 
CFR 351.218(d)(3), Petitioners provided information on the volume and 
value of Ukrainian exports of solid agricultural grade ammonium nitrate 
to the United States. The Department received no responses from other 
parties to this proceeding. As a result, 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.

Scope of the Order

    The merchandise covered by the 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 the 
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. 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 this review are addressed in the Issues and 
Decision Memorandum (``Decision Memorandum'') from Susan H. Kuhbach, 
Director, Office 1, Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Import Administration, dated 
concurrently with this notice, which is hereby adopted by this notice. 
The issues discussed in the Decision Memorandum include the likelihood 
of continuation or recurrence of dumping and the magnitude of the 
margin of dumping likely to prevail if the order were 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 electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``IA 
ACCESS''). IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the Central Records Unit in room 7046 of the 
main Commerce building. In addition, a complete version of the Decision 
Memorandum can be accessed directly on the Internet at http://ia.ita.doc.gov/ia/. The signed Decision Memorandum and electronic 
versions of the Decision Memorandum are identical in content.

Final Results of Review

    Pursuant to sections 752(c)(1) and (3) of the Act, we determine 
that revocation of the antidumping duty order on solid agricultural 
grade ammonium nitrate from Ukraine would be likely to lead to 
continuation or recurrence of dumping and that the magnitude of the 
margin of dumping likely to prevail if the order were revoked is 
156.29% for J.S.C. ``Concern Stirol'' and for all other exporters.
    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 orders 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 final results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act.

    Dated: September 20, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-23828 Filed 9-26-12; 8:45 am]
BILLING CODE 3510-DS-P