[Federal Register: February 27, 2003 (Volume 68, Number 39)]
[Notices]               
[Page 9057-9058]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27fe03-52]                         

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-823-814]

 
Notice of Final Determination of Sales at Less Than Fair Value: 
Urea Ammonium Nitrate Solutions from Ukraine

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

EFFECTIVE DATE: February 27, 2003.

FOR FURTHER INFORMATION CONTACT: Crystal Scherr Crittenden at (202) 
482-0989, or Tom Futtner at (202) 482-3814, Office of AD/CVD 
Enforcement IV, Group II, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Final Determination

    We determine that urea ammonium nitrate solutions (UANS) from 
Ukraine are being, or are likely to be, sold in the United States at 
less than fair value (LFTV), as provided in section 735 of the Tariff 
Act of 1930, as amended (the Act). The estimated margins are shown in 
the ``Suspension of Liquidation'' section of this notice.

Case History

    On October 3, 2002, the Department published its preliminary 
determination in the above-captioned antidumping duty investigation. 
See Notice of Preliminary Determination of Sales at Less Than Fair 
Value: Urea Ammonium Nitrate Solutions from Ukraine, 67 FR 62013 
(October 3, 2002) (Preliminary Determination). See also Notice of 
Initiation of Antidumping Duty Investigations: Urea Ammonium Nitrate 
Solutions from Belarus, Lithuania, the Russian Federation, and Ukraine, 
67 FR 35492 (May 20, 2002) (Initiation Notice).
    Since the preliminary determination, the following events have 
occurred. On November 1, 2002, the petitioner\1\ requested a hearing 
pursuant to 19 CFR 351.301(e). However, no hearing was held in this 
investigation because the petitioner withdrew its request for a 
hearing. On November 27, 2002, the Department postponed the final 
determination for this investigation in accordance with 19 CFR 
351.210(b). See Postponement of the Final Determinations in the Less-
Than-Fair-Value Investigations of Urea Ammonium Nitrate Solutions From 
Belarus, the Russian Federation, and Ukraine, 67 FR 67823 (November 7, 
2002). On December 23, 2002, the Department issued the schedule for 
interested parties to comment on the preliminary determination. See 
Memo to the File from Paige Rivas, Thomas Martin and Crystal Crittenden 
dated December 23, 2002. No case or rebuttal briefs were submitted.
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    \1\ The petitioner is the Nitrogen Solutions Fair Trade 
Committee (the petitioner). Its members consist of CF Industries, 
Inc., Mississippi Chemical Corporation, and Terra Industries, Inc.
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Scope of Investigation

    For purposes of these investigations, the product covered is all 
mixtures of urea and ammonium nitrate in aqueous or ammoniacal 
solution, regardless of nitrogen content by weight, and regardless of 
the presence of additives, such as corrosion inhibitors. The 
merchandise subject to these investigations is classified in the 
Harmonized Tariff Schedule of the United States (HTSUS) under item 
number 3102.80.00.00. Although the HTSUS item number is provided for 
convenience and customs purposes, the written description of the 
merchandise under investigation is dispositive.

Period of Investigation

    The period of investigation (POI) is October 1, 2001, through March 
31, 2002.

Nonmarket Economy Country Status

    The Department has treated Ukraine as an nonmarket economy (NME) 
country in all previous antidumping investigations. See Notice of Final 
Determination of Sales at Less Than Fair Value: Solid Agricultural 
Ammonium Nitrate from Ukraine, 66 FR 38632 (July 25, 2001). This NME 
designation remains in effect until it is revoked by the Department. 
See section 771(1)(C) of the Act. No party has sought revocation of the 
NME status in this investigation.\2\ Therefore, in accordance with 
section 771(1)(C) of the Act, we will continue to treat Ukraine as an 
NME country.
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    \2\ We note that the Department received a request for 
revocation of Ukraine's NME status but determined to defer its 
decision on this issue. See Notice to Defer a Decision Regarding 
Ukraine's Non-Market Economy Status: Antidumping Duty Investigation 
of Carbon and Certain Alloy Steel Wire Rod from Ukraine, 67 FR 51536 
(August 8, 2002). Information on this separate proceeding can also 
be found at Import Administration's website, at http://
ia.ita.doc.gov/
_____________________________________-



Ukraine-Wide Rate

    In an NME proceeding, the Department presumes that all companies 
within the country are subject to governmental control, and assigns 
separate rates only if the respondent demonstrates the absence of both 
de jure and de facto governmental control over export activities. See 
Notice of Sales at Less Than Fair Value: Bicycles From the People's 
Republic of China, 61 FR 19026, 19027 (April 30, 1996). In the 
Preliminary Determination, we found that the mandatory respondents, JSC 
Stirol (Stirol) and JSC Azot Cherkassy (Cherkassy), did not demonstrate 
eligibility for a separate rate. Accordingly, we preliminarily 
determined that Stirol and Cherkassy, in addition to all other 
exporters, are part of the NME-entity and subject to the Ukraine-wide 
rate.
    We received no comments on this issue. Therefore, in our final 
results we continue to find that Stirol and Cherkassy, in addition to 
all other exporters, are part of the NME entity and therefore subject 
to the Ukraine-wide rate.

Use of Facts Available

    In the Preliminary Determination, the Department found that the 
respondents did not cooperate to the best of their ability and applied 
the total adverse facts available rate of 193.58 percent, the 
corroborated initiation rate, as the ``Ukraine-wide'' rate. See 
Preliminary Determination. See also Initiation Notice. No interested 
party objected to the use of adverse facts available, nor to

[[Page 9058]]

the Department's choice of facts available. For this final 
determination, we are continuing to apply total adverse facts available 
for the ``Ukraine-wide'' rate.

Changes Since the Preliminary Determination

    The Department updated the 2000 income data for expected wages of 
selected NME countries initially revised in September 2002. In the 
Preliminary Determination, the Department calculated the ``Ukraine-
wide'' rate using $0.78 per hour, the 2000 expected wage for Ukraine 
revised in September 2002, as the surrogate value for Ukrainian labor. 
See Total Facts Available Corroboration Memorandum, dated September 26, 
2002. For the final determination, we applied $0.76 per hour, the 2000 
expected wage for Ukraine corrected in February 2003, as the surrogate 
value for Ukrainian labor. See Memorandum from Crystal Crittenden, 
Import Compliance Specialist, Through Tom Futtner, Senior Program 
Manager, to The File, ``Changes Since the Preliminary Determination 
Calculation Memorandum,'' dated February 18, 2003.

Suspension of Liquidation

    Pursuant to section 735(c)(1)(B) of the Act, we are instructing the 
U.S. Customs Service (Customs) to continue to suspend liquidation of 
all entries of UANS from Ukraine that are entered, or withdrawn from 
warehouse, for consumption on or after October 3, 2003 (the date of 
publication of the Preliminary Determination in the Federal Register). 
Customs shall continue to require a cash deposit or the posting of a 
bond equal to the estimated amount by which the normal value exceeds 
the U.S. price as shown below. The suspension of liquidation 
instructions will remain in effect until further notice.
    We determine that the following percentage margin exists for the 
period October 1, 2001, through March 31, 2002:

------------------------------------------------------------------------
                                                             Margin
                Manufacturer/Exporter                   [chyph](percent)
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Ukraine-wide.........................................             193.57
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U.S. International Trade Commission (ITC) Notification

    In accordance with section 735(d) of the Act, we have notified the 
ITC of our determination. As our final determination is affirmative, 
the ITC will determine, within 45 days, whether these imports are 
causing material injury, or threat of material injury, to an industry 
in the United States. If the ITC determines that material injury, or 
threat of injury does not exist, the proceeding will be terminated and 
all securities posted will be refunded or cancelled. If the ITC 
determines that such injury does exist, the Department will issue an 
antidumping duty order directing Customs officials to assess 
antidumping duties on all imports of the subject merchandise entered, 
or withdrawn from warehouse, for consumption on or after the effective 
date of the suspension of liquidation.

Notification Regarding Administrative Protective Order (APO)

    This notice also serves as a reminder to parties subject to APO of 
their responsibility concerning the disposition of proprietary 
information disclosed under APO in accordance with 19 CFR 351.305. 
Timely notification of return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    Dated: February 19, 2003.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 03-4649 Filed 2-26-03; 8:45 am]
BILLING CODE 3510-DS-S