[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/
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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:
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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