[Federal Register Volume 87, Number 45 (Tuesday, March 8, 2022)]
[Notices]
[Pages 12935-12936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04887]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-274-808]


Urea Ammonium Nitrate Solutions From the Republic of Trinidad and 
Tobago: Amended Preliminary Determination of Sales at Less Than Fair 
Value

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

SUMMARY: On February 2, 2022, the Department of Commerce (Commerce) 
published its preliminary determination in the less-than-fair-value 
investigation of urea ammonium nitrate solutions (UAN) from the 
Republic of Trinidad and Tobago (Trinidad) in the Federal Register. 
Commerce is amending this preliminary determination to correct a 
significant ministerial error.

DATES: Applicable March 8, 2022.

FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230; telephone: (202) 482-6412.

SUPPLEMENTARY INFORMATION:

Background

    On February 2, 2022, Commerce published in the Federal Register the 
preliminary determination in the less-than-fair-value investigation of 
UAN from Trinidad,\1\ and disclosed all calculations to interested 
parties. On February 2, 2022, CF Industries Nitrogen, LLC and its 
subsidiaries, Terra Nitrogen, Limited Partnership and Terra 
International (Oklahoma) LLC (the petitioner) filed timely ministerial 
error allegations concerning the Preliminary Determination for the sole 
respondent, Methanol Holdings (Trinidad) Ltd. (MHTL), and requested, 
pursuant to 19 CFR 351.224(e), that Commerce correct the alleged 
ministerial error.\2\
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    \1\ See Urea Ammonium Nitrate Solutions from the Republic of 
Trinidad and Tobago: Preliminary Affirmative Determination of Sales 
at Less Than Fair Value, Postponement of Final Determination, and 
Extension of Provisional Measures, 87 FR 5783 (February 2, 2022) 
(Preliminary Determination).
    \2\ See Petitioner's Letter, ``Urea Ammonium Nitrate Solutions 
from the Republic of Trinidad and Tobago: Petitioner's Ministerial 
Error Comments Regarding the Preliminary Determination,'' dated 
February 2, 2022 (Ministerial Allegation).
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Period of Investigation

    The period of investigation is April 1, 2020, through March 31, 
2021.

Scope of the Investigation

    The product covered by this investigation is UAN from Trinidad. For 
a complete description of the scope of the investigation, see 
Preliminary Determination, at Appendix I.

Significant Ministerial Error

    In accordance with 19 CFR 351.224(e), Commerce ``will analyze any 
comments received and, if appropriate, correct any significant 
ministerial error by amending the preliminary determination.'' A 
ministerial error is defined in 19 CFR 351.224(f) as ``an error in 
addition, subtraction, or other arithmetic function clerical error 
resulting from inaccurate copying, duplication, or the like, and any 
other similar type of unintentional error which the Secretary considers 
ministerial.'' A significant ministerial error is defined as a 
ministerial error, the correction of which, singly or in combination 
with other errors, would result in: (1) A change of at least five 
absolute percentage points in, but not less than 25 percent of, the 
weighted-average dumping margin calculated in the original (erroneous) 
preliminary determination; or (2) a difference between a weighted-
average dumping margin of zero or de minimis and a

[[Page 12936]]

weighted-average dumping margin of greater than de minimis or vice 
versa.\3\
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    \3\ See 19 CFR 351.224(g)(1) and (2).
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Ministerial Error Allegation

    The petitioner timely alleged that Commerce made a significant 
ministerial error by adjusting MHTL's total cost of manufacturing twice 
when applying natural gas and electricity factors to account for a 
particular market situation (PMS).\4\ After analyzing these 
allegations, we determine that we made a significant ministerial error 
in the Preliminary Determination with respect to our PMS adjustment of 
MHTL's total cost of manufacturing.\5\ For a detailed discussion of the 
aforementioned ministerial error allegations, as well as Commerce's 
analysis of these comments, see the Ministerial Error Memorandum.
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    \4\ See Ministerial Allegations at 2.
    \5\ See Memorandum, ``Preliminary Determination of Antidumping 
Duty Investigation on Urea Ammonium Nitrate Solutions from the 
Republic of Trinidad and Tobago: Allegation of Ministerial Error,'' 
dated concurrently with this notice (Ministerial Error Memorandum).
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    Pursuant to 19 CFR 351.224(g)(1), Commerce's error in the 
application of the PMS factors is significant, because its correction 
results in a change of at least five absolute percentage points in, but 
not less than 25 percent of, the estimated weighted-average dumping 
margin calculated in the Preliminary Determination (i.e., a change from 
an estimated weighted-average dumping margin of 63.08 percent to 111.64 
percent.) Therefore, we are correcting the ministerial error and 
amending our Preliminary Determination accordingly.\6\
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    \6\ See Ministerial Error Memorandum.
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Amended Preliminary Determination

    We are amending the Preliminary Determination to reflect the 
correction of a significant ministerial error made in the margin 
calculation for MHTL in accordance with 19 CFR 351.224(e). In addition, 
because the preliminary ``All-Others'' rate was based on the estimated 
weighted-average dumping margin calculated for MHTL, we are also 
amending the ``All-Others'' rate. As a result of the correction of the 
ministerial error, the revised estimated weighted-average dumping 
margins are as follows:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Methanol Holdings (Trinidad) Ltd............................      111.64
All-Others..................................................      111.64
------------------------------------------------------------------------

Amended Cash Deposits and Suspension of Liquidation

    The collection of cash deposits and suspension of liquidation will 
be revised according to the rates established in this amended 
preliminary determination, in accordance with section 773(d) of the 
Tariff Act of 1930, as amended (the Act). Because these amended rates 
result in increased cash deposit rates, they will be effective on the 
date of publication of this notice in the Federal Register.

International Trade Commission Notification

    In accordance with section 773(f) of the Act, we intend to notify 
the International Trade Commission of our amended preliminary 
determination.

Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after public announcement of the amended 
preliminary determination, in accordance with 19 CFR 351.224.
    This amended preliminary determination is issued and published in 
accordance with sections 773(f) and 777(i) of the Act and 19 CFR 
351.224(e).

    Dated: March 1, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-04887 Filed 3-7-22; 8:45 am]
BILLING CODE 3510-DS-P