[Federal Register: May 22, 2008 (Volume 73, Number 100)]
[Notices]
[Page 29736-29738]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22my08-24]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(A-821-801)
Solid Urea from the Russian Federation: Final Results of
Antidumping Duty New-Shipper Review and Rescission of Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 26, 2007, the Department of Commerce (the
Department) published the preliminary results of a new-shipper review
of the antidumping duty order on solid urea from the Russian
Federation. The solid urea subject to this review was produced and
exported by MCC EuroChem (EuroChem). The period of review (POR) is July
1, 2006, through December 31, 2006. Based on our analysis of comments
received, we have not made any changes to our calculation of EuroChem's
antidumping-duty margin. Therefore, our final results are identical to
our published preliminary results. The final results are listed below
in the section entitled ``Final Results of the New-Shipper Review''.
Furthermore, we are rescinding the concurrent administrative review of
the antidumping duty order because it covers the same entry that we
reviewed
[[Page 29737]]
in the context of the new-shipper review.
EFFECTIVE DATE: May 22, 2008.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Minoo Hatten, AD/CVD
Operations, Office 5, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
0410 and (202) 482-1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 26, 2007, the Department published the preliminary
results of the new-shipper review of the antidumping duty order on
solid urea from the Russian Federation. See Solid Urea From the Russian
Federation: Preliminary Results and Extension of Time Limit for Final
Results of the Antidumping Duty New-Shipper Review, 72 FR 72988
(December 26, 2007) (Preliminary Results). On February 27, 2008, we
issued a post-preliminary analysis decision memorandum and margin
recalculations concerning our sales-below-cost investigation of
EuroChem.
On March 21, 2008, the Ad Hoc Committee of Domestic Nitrogen
producers (the petitioner) withdrew its sales-below-cost allegation and
requested that the Department terminate the cost investigation. On
March 24, 2008, EuroChem submitted a letter arguing that the Department
should not terminate the cost investigation. After considering all
comments, on March 27, 2008, we terminated the cost investigation. See
Memorandum from Minoo Hatten to Laurie Parkhill dated March 27, 2008.
On March 28, 2008, we received a case brief from the petitioner. On
April 4, 2008, we received a rebuttal brief from EuroChem. Although the
petitioner and EuroChem had requested a hearing, both parties withdrew
their requests for a hearing on April 15, 2008.
Scope of the Order
The merchandise under review 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 3102.10.00.00.
Previously such merchandise was classified under item number 480.3000
of the Tariff Schedules of the United States. Although the HTSUS
subheading is provided for convenience and customs purposes, the
written description of the merchandise is dispositive.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this new-shipper review are addressed in the ``Issues and Decision
Memorandum'' (Decision Memorandum) from Stephen J. Claeys, Deputy
Assistant Secretary for Import Administration, to David M. Spooner,
Assistant Secretary for Import Administration, dated May 15, 2008,
which is hereby adopted by this notice. A list of the issues which the
parties have raised and to which we have responded is attached to this
notice as an appendix. Parties can find a complete discussion of all
issues raised and corresponding recommendations in this public
memorandum, which is on file in Import Administration's Central Records
Unit, Room 1117 of the main Department building. In addition, a
complete version of the Decision Memorandum is available on the
Internet at http://ia.ita.doc.gov/frn/index.html. The paper copy and
electronic version of the Decision Memorandum are identical in content.
Changes Since the Post-Preliminary Results
Because we terminated the cost investigation, the only change we
have made has been to revert to the margin calculations we used for the
published preliminary results in which we did not perform the cost
test. See Preliminary Results, 72 FR at 72991, and the preliminary
results analysis memorandum for EuroChem dated December 17, 2007, for
our calculation of EuroChem's margin.
Final Results of the New-Shipper Review
We determine that the weighted-average margin on solid urea from
the Russian Federation produced and exported by EuroChem for the period
July 1, 2006, through December 31, 2006, is zero percent.
Rescission of Administrative Review
On August 20, 2007, we initiated an administrative review of the
antidumping duty order on solid urea from Russia for the period July 1,
2006, through June 30, 2007. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and Request for Revocation
in Part, 72 FR 48613 (August 20, 2007).
Because we have analyzed the entry covered by the administrative
review in the context of this concurrent new-shipper review, we are
rescinding the administrative review.
Assessment Rates
The Department shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries in accordance with 19 CFR 351.212. The Department will issue
assessment instructions for EuroChem directly to CBP 15 days after the
date of publication of these final results.
Because we found no margin for the U.S. sale subject to this new-
shipper review, we will instruct CBP to liquidate the appropriate entry
without regard to antidumping duties.
Cash-Deposit Requirements
The following cash-deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of the new-shipper review, as provided by section
751(a)(2)(C) of the Act: 1) the cash-deposit rate for subject
merchandise both manufactured and exported by EuroChem will be zero; 2)
for previously reviewed or investigated companies not listed above, the
cash-deposit rate will continue to be the company-specific rate
published for the most recent period; 3) if the exporter is not a firm
covered in this review or the original less-than-fair-value (LTFV)
investigation but the manufacturer is, the cash-deposit rate will be
the rate established for the most recent period for the manufacturer of
the merchandise; and 4) the cash-deposit rate for all other
manufacturers or exporters will continue to be 64.93 percent, the all-
others rate established in the LTFV investigation. See Urea From the
Union of Soviet Socialist Republics; Final Determination of Sales at
Less Than Fair Value, 52 FR 19557 (May 26, 1987). These cash-deposit
requirements shall remain in effect until further notice.
Notification to Importers
This notice also serves as a final 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.
[[Page 29738]]
Notification Regarding Administrative Protective Orders
This notice also serves as a reminder to parties subject to an
administrative protective order of their responsibility concerning the
disposition of proprietary information disclosed under such an order in
accordance with 19 CFR 351.305(a)(3). Timely notification of the return
or destruction of administrative-protective-order materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an administrative
protective order is a sanctionable violation.
We are issuing and publishing this notice in accordance with
sections 751(a)(2)(B) and 777(i)(1) of the Act.
Dated: May 15, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix
Comment 1: Qualification as a New Shipper
Comment 2: Bona-Fide Transaction
[FR Doc. E8-11520 Filed 5-21-08; 8:45 am]
BILLING CODE 3510-DR-S