[Federal Register Volume 87, Number 121 (Friday, June 24, 2022)]
[Notices]
[Pages 37836-37838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13565]



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DEPARTMENT OF COMMERCE

International Trade Administration

[C-821-832]


Urea Ammonium Nitrate Solutions From the Russian Federation: 
Final Affirmative Countervailing Duty Determination

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to producers and exporters 
of urea ammonium nitrate solutions (UAN) from the Russian Federation 
(Russia).

DATES: Applicable June 24, 2022.

FOR FURTHER INFORMATION CONTACT: Kristen Johnson (Public Joint Stock 
Company Acron (Acron)) or John Hoffner and Laura Griffith (the EuroChem 
Companies), AD/CVD Operations, Office III, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
4793, (202) 482-3315, or (202) 482-6430, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On December 3, 2021, Commerce published its Preliminary 
Determination.\1\ Subsequently, on February 17, 2022, Commerce released 
its Post-Preliminary Analysis.\2\ For a complete description of the 
events that followed the Preliminary Determination and Post-Preliminary 
Analysis, see the Issues and Decision Memorandum.\3\ The Issues and 
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. In addition, 
a complete version of the Issues and Decision Memorandum can be 
accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \1\ See Urea Ammonium Nitrate Solutions from the Russian 
Federation: Preliminary Affirmative Countervailing Duty 
Determination and Alignment of Final Determination with the Final 
Antidumping Duty Determination, 86 FR 68635 (December 3, 2021) 
(Preliminary Determination), and accompanying Preliminary Decision 
Memorandum.
    \2\ See Memorandum, ``Post-Preliminary Analysis in 
Countervailing Duty Investigation of Urea Ammonium Nitrate Solutions 
from the Russian Federation,'' dated February 17, 2022 (Post-
Preliminary Analysis).
    \3\ See Memorandum, ``Decision Memorandum for the Final 
Affirmative Determination in the Countervailing Duty Investigation 
of Urea Ammonium Nitrate Solutions from the Russian Federation,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
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Period of Investigation

    The period of investigation is January 1, 2020, through December 
31, 2020.

Scope of the Investigation

    The products covered by this investigation are UAN from Russia. For 
a complete description of the scope of the investigation, see Appendix 
I.

Scope Comments

    No interested party commented on the scope of the investigation as 
it appeared in the Preliminary Determination. Therefore, no changes 
were made to the scope of the investigation.

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs that were submitted by parties in this 
investigation are discussed in the Issues and Decision Memorandum. For 
a list of the issues raised by interested parties and addressed in the 
Issues and Decision Memorandum, see Appendix II to this notice.

Methodology

    Commerce conducted this investigation in accordance with section 
701 the Tariff Act of 1930, as amended (the Act). For each of the 
subsidy programs found countervailable, Commerce determines that there 
is a subsidy, i.e., a financial contribution by an ``authority'' that 
gives rise to a benefit to the recipient, and that the subsidy is 
specific.\4\ For a full description of the methodology underlying our 
final determination, see the Issues and Decision Memorandum.
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    \4\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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    In making this final determination, Commerce relied, in part, on 
the facts otherwise available on the record pursuant to section 776(a) 
of the Act. Additionally, as discussed in the Issues and Decision 
Memorandum, because a respondent did not act to the best of its ability 
in responding to Commerce's requests for information, we drew adverse 
inferences, where appropriate, in selecting from among the facts 
otherwise available, pursuant to section 776(b) of the Act. For further 
information, see the section ``Use of Facts Otherwise Available and 
Adverse Inferences'' in the Issue and Decision Memorandum.

Verification

    Commerce was unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation. However, we took additional steps in lieu of on-site 
verifications to verify the information relied upon in making this 
final determination, in accordance with section 782(i) of the Act.\5\
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    \5\ See Commerce's Letters, ``Countervailing Duty Investigation 
of Urea Ammonium Nitrate Solutions from the Russian Federation: 
Supplemental Questionnaire in Lieu of On-Site Verification for the 
Government of the Russian Federation,'' dated February 22, 2022; 
``Countervailing Duty Investigation of Urea Ammonium Nitrate 
Solutions from the Russian Federation: Supplemental Questionnaire in 
Lieu of On-Site Verification for Acron,'' dated February 22, 2022; 
and ``Countervailing Duty Investigation of Urea Ammonium Nitrate 
Solutions from the Russian Federation: Verification Questionnaire 
for the EuroChem Companies,'' dated February 25, 2022.
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Changes Since the Preliminary Determination and Post-Preliminary 
Analysis

    Based on our review and analysis of the comments received from 
parties, we made certain changes to the respondents' preliminary 
subsidy rate calculations. For a discussion of these changes, see the 
Issues and Decision Memorandum.

All-Others Rate

    In accordance with section 705(c)(1)(B)(i) of the Act, we 
calculated an individual estimated countervailable subsidy rate for 
Acron and the EuroChem Companies. Section 705(c)(5)(A)(i) of the Act 
states that, for companies not individually investigated, Commerce will 
determine an ``all-others'' rate equal to the weighted-average 
countervailable subsidy rates established for exporters and/or 
producers individually investigated, excluding any zero and de minimis 
countervailable subsidy rates, and any rates determined entirely under 
section 776 of the Act.
    Commerce has calculated individual estimated countervailable 
subsidy rates for Acron and the EuroChem Companies \6\ that are not 
zero, de minimis, or based entirely on facts otherwise available. We, 
therefore, calculated the all-others rate using a weighted average of 
the individual estimated subsidy rates calculated for the examined 
respondents using each company's publicly-ranged values for

[[Page 37837]]

the merchandise under consideration,\7\ in accordance with section 
705(c)(5)(A)(i) of the Act.
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    \6\ For purposes of this investigation, the EuroChem Companies 
are: MCC EuroChem; Nevinka; and NAK Azot.
    \7\ With two respondents under examination, Commerce normally 
calculates: (A) a weighted-average of the estimated subsidy rates 
calculated for the examined respondents; (B) a simple average of the 
estimated subsidy rates calculated for the examined respondents; and 
(C) a weighted-average of the estimated subsidy rates calculated for 
the examined respondents using each company's publicly-ranged U.S. 
sale quantities for the merchandise under consideration. Commerce 
then compares (B) and (C) to (A) and selects the rate closest to (A) 
as the most appropriate rate for all other producers and exporters. 
See, e.g., Ball Bearings and Parts Thereof from France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010). As complete publicly ranged sales data was 
available, Commerce based the all-others rate on the publicly ranged 
sales data of the mandatory respondents. For a complete analysis of 
the data, see Memorandum, ``Countervailing Duty Investigation of 
Urea Ammonium Nitrate Solutions from the Russian Federation: All 
Others Rate for Final Determination All-Others Rate Calculation 
Memorandum,'' dated concurrently with, and hereby adopted by, this 
notice.
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Final Determination

    Commerce determines that the following estimated countervailable 
subsidy rates exist:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
EuroChem Companies \8\..................................            6.27
Public Joint Stock Company Acron \9\....................            9.66
All Others..............................................            8.47
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Disclosure

    Commerce intends to disclose to interested parties the calculations 
and analysis performed in this final determination within five days of 
its public announcement, or if there is no public announcement, within 
five days of the date of the publication of this notice in the Federal 
Register, in accordance with 19 CFR 351.244(b).
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    \8\ Commerce determines that the following companies are cross-
owned with Joint Stock Company Nevinnomyssky Azot (Nevinka): Mineral 
and Chemical Company EuroChem, Joint Stock Company (MCC EuroChem); 
and Azot, Joint Stock Company (NAK Azot).
    \9\ Commerce determines that the following companies are cross-
owned with Public Joint Stock Company Acron: Joint Stock Company 
Acron Group; and Acron Switzerland AG.
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Continuation of Suspension of Liquidation

    As a result of our Preliminary Determination and pursuant to 
sections 703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs 
and Border Protection (CBP) to suspend liquidation of entries of 
subject merchandise as described in the scope of the investigation 
section entered, or withdrawn from warehouse, for consumption on or 
after December 3, 2021, the date of publication of the Preliminary 
Determination in the Federal Register. In accordance with section 
703(d) of the Act, we instructed CBP to discontinue the suspension of 
liquidation of all entries of subject merchandise entered or withdrawn 
from warehouse, on or after April 2, 2022, but to continue the 
suspension of liquidation of all entries of subject merchandise between 
December 3, 2021, and April 1, 2022.
    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a countervailing duty 
order, reinstate the suspension of liquidation under section 706(a) of 
the Act, and require a cash deposit of estimated countervailing duties 
for entries of subject merchandise in the amounts indicated above. If 
the ITC determines that material injury, or threat of material injury, 
does not exist, this proceeding will be terminated, and all estimated 
duties deposited or securities posted as a result of the suspension of 
liquidation will be refunded or canceled.

ITC Notification

    In accordance with section 705(d) of the Act, Commerce will notify 
the ITC of its final affirmative determination that countervailable 
subsidies are being provided to producers and exporters of UAN from 
Russia. As Commerce's final determination is affirmative, in accordance 
with section 705(b) of the Act, the ITC will determine, within 45 days, 
whether the domestic industry in the United States is materially 
injured or threatened with material injury. In addition, we are making 
available to the ITC all non-privileged and nonproprietary information 
related to this investigation. We will allow the ITC access to all 
privileged and business proprietary information in our files, provided 
the ITC confirms that it will not disclose such information, either 
publicly or under an administrative protective order (APO), without the 
written consent of the Assistant Secretary for Enforcement and 
Compliance.

Notification Regarding APO

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to an APO of their responsibility concerning the destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act and 19 CFR 351.210(c).

    Dated: June 17, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Investigation

    The merchandise covered by this investigation is all mixtures of 
urea and ammonium nitrate in aqueous or ammonia solution, regardless 
of nitrogen concentration by weight, and regardless of the presence 
of additives, such as corrosion inhibiters and soluble micro or 
macronutrients (UAN).
    Subject merchandise includes merchandise matching the above 
description that has been processed in a third country, including by 
commingling, diluting, adding or removing additives, or performing 
any other processing that would not otherwise remove the merchandise 
from the scope of the investigation if performed in the subject 
country.
    The scope also includes UAN that is commingled with UAN from 
sources not subject to this investigation. Only the subject 
component of such commingled products is covered by the scope of 
this investigation.
    The covered merchandise is currently classified in the 
Harmonized Tariff Schedule of the United States (HTSUS) at 
subheading 3102.80.0000. Although the HTSUS subheading is provided 
for convenience and customs purposes, the written description of the 
scope is dispositive.

Appendix II--List of Topics Discussed in the Issue and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Subsidies Valuation
V. Benchmark and Interest Rates
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Analysis of Programs
VIII. Analysis of Comments
    Comment 1: Whether Commerce Should Apply a Tier-One Benchmark 
for Natural Gas
    Comment 2: Whether Kazakh Exports to Russia Are World Market 
Prices Available to Purchasers in Russia
    Comment 3: Whether Kazakhstan's Natural Gas Market Is Distorted 
by Government of Russia (GOR) or Government of Kazakhstan (GOK) 
Involvement Thereby Making Prices for Kazakh Exports of Natural Gas 
Ineligible for Use as a Tier-Two Benchmark
    Comment 4: Whether Commerce Should Select the International 
Energy Agency

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(IEA) Industry Natural Gas Prices as a Tier-Three Benchmark
    Comment 5: Whether Commerce Should Apply Adverse Facts Available 
(AFA) to Find PJSC Rosneft Oil Company (Rosneft) a Government 
Authority
    Comment 6: Whether the Provision of Natural Gas Is De Facto 
Specific
    Comment 7: Whether Commerce Should Attribute the Benefit from 
Subsidies to All Affiliated EuroChem Companies
    Comment 8: Whether Commerce Will Implement the Ministerial Error 
Correction
IX. Recommendation

[FR Doc. 2022-13565 Filed 6-23-22; 8:45 am]
BILLING CODE 3510-DS-P