[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Notices]
[Pages 53414-53416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19261]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-801]


Solid Urea From the Russian Federation: Preliminary Results of 
Antidumping Duty Administrative and New Shipper Reviews and Rescission 
of Administrative Review, in Part; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review and new shipper review of the antidumping duty 
order on solid urea from the Russian Federation (Russia). The period of 
review (POR) is July 1, 2014, through June 30, 2015. The Department 
preliminarily finds that MCC EuroChem and Joint Stock Company PhosAgro-
Cherepovets (PhosAgro) have not made sales of subject merchandise in 
the United States at prices below normal value. Interested parties are 
invited to comment on these preliminary results.

DATES: Effective August 12, 2016.

FOR FURTHER INFORMATION CONTACT: Michael Romani or Andre Gziryan, AD/
CVD Operations, Office I, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-0198 or (202) 
482-2201, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The merchandise subject to the order 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 3102.10.0010. 
Previously such merchandise was classified under item number 480.3000 
and 3102.10.0000 of the HTSUS. Although the HTSUS subheading is 
provided for convenience and customs purposes, the written description 
of the merchandise subject to the order is dispositive.

Rescission of Administrative Review in Part

    We are rescinding the administrative review in part with respect to 
PhosAgro.\1\
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    \1\ See Preliminary Decision Memorandum at 3 for more details on 
this rescission in part. As noted in the Preliminary Decision 
Memorandum, we will not issue assessment instructions as a result of 
the rescission of the administrative review with respect to Phos 
Agro, given the ongoing new shipper review. Id. n.13.
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Methodology

    The Department conducted these reviews in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export and 
constructed export price are calculated in accordance with section 
772(a) and 772(b) of the Act respectively. Normal value is calculated 
in accordance with section 773(c) of the Act.
    For a full description of the methodology underlying our 
conclusions, see Preliminary Decision Memorandum.\2\ The Preliminary 
Decision Memorandum is a public document and is made available to the 
public via Enforcement and Compliance's Antidumping and Countervailing 
Duty Centralized Electronic Service System (ACCESS). ACCESS is 
available to registered users at https://access.trade.gov, and to all 
parties in the Central Records Unit, located at room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/index.html. A list of the topics discussed in 
the Preliminary Decision Memorandum is attached as an Appendix to this 
notice.
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    \2\ See memorandum from Gary Taverman, Associate Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for 
Enforcement and Compliance, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative and New Shipper Review: 
Solid Urea from the Russian Federation,'' dated concurrently with 
this notice (Preliminary Decision Memorandum), which is hereby 
adopted by this notice.
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Preliminary Results of the Administrative Review

    As a result of this administrative review, we preliminarily 
determine that a weighted-average dumping margin of 0.00 percent exists 
for MCC EuroChem\3\ for the period July 1, 2014, through June 30, 2015.
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    \3\ OJSC Nevinnomysskiy Azot, and OJSC NAK Azot (a.k.a., 
Novomoskovskiy Azot, OJSC) are producing subsidiaries of MCC 
EuroChem.

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[[Page 53415]]

Preliminary Results of the New Shipper Review

    As a result of this new shipper review, we preliminarily determine 
that a weighted-average dumping margin of 0.00 percent exists for 
merchandise produced and exported by Joint Stock Company PhosAgro-
Cherepovets for the period July 1, 2014, through June 30, 2015.

Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to the parties within five days after the date of 
publication of this notice.\4\ Pursuant to 19 CFR 351.309(c), 
interested parties may submit cases briefs not later than 30 days after 
the date of publication of this notice. Rebuttal briefs, limited to 
issues raised in case briefs, may be filed no later than five days 
after the time limit for filing the case briefs.\5\ Parties who submit 
case briefs or rebuttal briefs in this proceeding are encouraged to 
submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\6\
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    \4\ See 19 CFR 351.224(b).
    \5\ See 19 CFR 351.309(d).
    \6\ See 19 CFR 351.310(c).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. An electronically filed document must be received successfully 
in its entirety by the Department's electronic records system, ACCESS, 
by 5:00 p.m. Eastern Time within 30 days after the date of publication 
of this notice.\7\ Requests should contain (1) the party's name, 
address, and telephone number; (2) the number of participants; and (3) 
a list of issues to be discussed. Issues raised in the hearing will be 
limited to those raised in the respective case briefs.
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    \7\ See 19 CFR 351.310(c).
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    Unless the deadline is extended pursuant to section 
751(a)(2)(B)(iv) of the Act, the Department will issue the final 
results of these reviews, including the results of its analysis of 
issues raised by parties in their comments, within 120 days after the 
publication of these preliminary results, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h).

Assessment Rates

    If a respondent's weighted-average dumping margin is above de 
minimis (i.e., 0.50 percent) in the final results of these reviews, the 
Department will calculate an importer-specific assessment rate on the 
basis of the ratio of the total amount of dumping calculated for each 
importer's examined sales and, where possible, the total entered value 
of sales, in accordance with 19 CFR 351.212(b)(1).\8\ If the 
respondent's weighted-average dumping margin continues to be zero or de 
minimis in the final results of review, we will instruct U.S. Customs 
and Border Protection (CBP) not to assess duties on any of its entries 
in accordance with the Final Modification for Reviews.\9\
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    \8\ In these preliminary results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Duty Proceedings; Final 
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for 
Reviews).
    \9\ See Final Modification for Reviews, 77 FR at 8102.
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    For entries of subject merchandise during the POR produced by MCC 
EuroChem or PhosAgro for which it did not know its merchandise was 
destined for the United States, we will instruct CBP to liquidate 
unreviewed entries at the all-others rate of 64.93 percent \10\ if 
there is no rate for the intermediate company(ies) involved in the 
transaction.
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    \10\ The all-others rate established in Urea From the Union of 
Soviet Socialist Republics; Final Determination of Sales at Less 
Than Fair Value, 52 FR 19557 (May 26, 1987).
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    We intend to issue instructions to CBP 15 days after publication of 
the final results of these reviews.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of final results of these reviews for all 
shipments of solid urea from Russia entered, or withdrawn from 
warehouse, for consumption on or after the date of publication as 
provided by section 751(a)(2) of the Act: (1) The cash deposit rate 
with respect to the adminstrative review respondent, MCC EuroChem, will 
be the rate established in the final results of this administrative 
review; (2) for merchandise exported by manufacturers or exporters not 
covered in these reviews but covered in a prior segment of the 
proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this 
proceeding; (3) if the exporter is not a firm covered in these reviews, 
a prior review, or the original investigation but the manufacturer is, 
the cash deposit rate will be the rate established for the manufacturer 
of the merchandise for the most recently completed segment of this 
proceeding; (4) the cash deposit rate for all other manufacturers or 
exporters will continue to be 64.93 percent.\11\
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    \11\ Id.
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    With respect to PhosAgro, the new shipper respondent, the 
Department established a combination cash deposit rate for this company 
consistent with its practice as follows: (1) For subject merchandise 
produced and exported by PhosAgro, the cash deposit rate will be the 
rate established for PhosAgro in the final results of the new shipper 
review; (2) for subject merchandise exported by PhosAgro, but not 
produced by PhosAgro, the cash deposit rate will be the rate for the 
all-others established in the less-than-fair-value investigation; and 
(3) for subject merchandise produced by PhosAgro but not exported by 
PhosAgro, the cash deposit rate will be the rate applicable to the 
exporter.
    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    This notice serves as a preliminary 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.
    We are issuing and publishing the preliminary results of these 
reviews in accordance with sections 751(a)(1), 751(a)(2)(B) and 777(i) 
of the Act and 19 CFR 351.213, 351.214 and 351.221(b)(4).

    Dated: August 5, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

Summary
Background
Rescission of Administrative Review in Part
Bona Fides Analysis
Comparisons to Normal Value
    A. Determination of Comparison Method
    B. Results of the Differential Pricing Analysis
Date of Sale
Product Comparisons
Export Price and Constructed Export Price
Normal Value
    A. Selection of Comparison Market
    B. Affiliated Party Transactions and Arm's-Length Test
    C. Level of Trade
    D. Cost of Production Analysis
    E. Calculation of Normal Value Based on Comparison Market Prices

[[Page 53416]]

Currency Conversion
Recommendation

[FR Doc. 2016-19261 Filed 8-11-16; 8:45 am]
 BILLING CODE 3510-DS-P