[Federal Register: October 23, 2002 (Volume 67, Number 205)]
[Notices]               
[Page 65143-65144]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23oc02-119]                         

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INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 731-TA-1006, 1008, and 1009 (Final)]

 
Urea Ammonium Nitrate Solutions From Belarus, Russia, and Ukraine

AGENCY: United States International Trade Commission.

ACTION: Scheduling of the final phase of antidumping investigations.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigations Nos. 731-TA-1006, 1008, and 
1009 (Final) under section 735(b) of the Tariff Act of 1930 (19 U.S.C. 
1673d(b)) (the Act) to determine whether an industry in the United 
States is materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of less-than-fair-value imports from Belarus, 
Russia, and Ukraine of urea ammonium nitrate solutions, provided for in 
subheading 3102.80.00 of the Harmonized Tariff Schedule of the United 
States.\1\
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    \1\ For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as ``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.''
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    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's rules of practice and procedure, part 201, 
subparts A through E (19 CFR part 201), and part 207, subparts A and C 
(19 CFR part 207).

EFFECTIVE DATE: October 3, 2002.

FOR FURTHER INFORMATION CONTACT: Larry Reavis (202-205-3185), Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436. Hearing-impaired persons can obtain information 
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special 
assistance in gaining access to the Commission should contact the 
Office of the Secretary at 202-205-2000. General information concerning 
the Commission may also be obtained by accessing its internet server 
(http://www.usitc.gov). The public record for these investigations may 
be viewed on the Commission's electronic docket (EDIS-ON-LINE) at 
http://dockets.usitc.gov/eol/public.

SUPPLEMENTARY INFORMATION: 

Background

    The final phase of these investigations is being scheduled as a 
result of affirmative preliminary determinations by the Department of 
Commerce that imports of urea ammonium nitrate solutions from Belarus, 
Russia, and Ukraine are being sold in the United States at less than 
fair value within the meaning of Sec.  733 of the Act (19 U.S.C. 
1673b). These investigations were requested in a petition filed on 
April 19, 2002, by the Nitrogen Solutions Fair Trade Committee, an ad 
hoc coalition of U.S. producers consisting of CF Industries, Inc., Long 
Grove, IL; Mississippi Chemical Corp., Yazoo City, MS; and Terra 
Industries, Inc., Sioux City, IA.

Participation in the Investigations and Public Service List

    Persons, including industrial users of the subject merchandise and, 
if the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in Sec.  201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.

Limited Disclosure of Business Proprietary Information (BPI) Under an 
Administrative Protective Order (APO) and BPI Service List

    Pursuant to Sec.  207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the

[[Page 65144]]

preliminary phase of the investigations need not reapply for such 
access. A separate service list will be maintained by the Secretary for 
those parties authorized to receive BPI under the APO.

Staff Report

    The prehearing staff report in the final phase of these 
investigations will be placed in the nonpublic record on December 5, 
2002, and a public version will be issued thereafter, pursuant to Sec.  
207.22 of the Commission's rules.

Hearing

    The Commission will hold a hearing in connection with the final 
phase of these investigations beginning at 9:30 a.m. on December 18, 
2002, at the U.S. International Trade Commission Building. Requests to 
appear at the hearing should be filed in writing with the Secretary to 
the Commission on or before December 11, 2002. A nonparty who has 
testimony that may aid the Commission's deliberations may request 
permission to present a short statement at the hearing. If unable to 
allocate amongst themselves respective times of testimony within the 
maximum allowable, all parties and nonparties desiring to appear at the 
hearing and make oral presentations should attend a prehearing 
conference that is scheduled for this purpose at 9:30 a.m. on December 
16, 2002, at the U.S. International Trade Commission Building. Oral 
testimony and written materials to be submitted at the public hearing 
are governed by Sec. Sec.  201.6(b)(2), 201.13(f), and 207.24 of the 
Commission's rules. Parties must submit any request to present a 
portion of their hearing testimony in camera no later than 7 days prior 
to the date of the hearing.

Written Submissions

    Each party who is an interested party shall submit a prehearing 
brief to the Commission. Prehearing briefs must conform with the 
provisions of Sec.  207.23 of the Commission's rules; the deadline for 
filing is December 12, 2002. Parties may also file written testimony in 
connection with their presentation at the hearing, as provided in Sec.  
207.24 of the Commission's rules, and posthearing briefs, which must 
conform with the provisions of Sec.  207.25 of the Commission's rules. 
The deadline for filing posthearing briefs is December 27, 2002; 
witness testimony must be filed no later than three days before the 
hearing. In addition, any person who has not entered an appearance as a 
party to the investigations may submit a written statement of 
information pertinent to the subject of the investigations on or before 
December 27, 2002. On January 13, 2003, the Commission will make 
available to parties all information on which they have not had an 
opportunity to comment. Parties may submit final comments on this 
information on or before January 15, 2003, but such final comments must 
not contain new factual information and must otherwise comply with 
Sec.  207.30 of the Commission's rules. All written submissions must 
conform with the provisions of Sec.  201.8 of the Commission's rules; 
any submissions that contain BPI must also conform with the 
requirements of Sec. Sec.  201.6, 207.3, and 207.7 of the Commission's 
rules. The Commission's rules do not authorize filing of submissions 
with the Secretary by facsimile or electronic means.
    In accordance with Sec. Sec.  201.16(c) and 207.3 of the 
Commission's rules, each document filed by a party to the 
investigations must be served on all other parties to the 
investigations (as identified by either the public or BPI service 
list), and a certificate of service must be timely filed. The Secretary 
will not accept a document for filing without a certificate of service.

    Authority: These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to Sec.  207.21 of the Commission's rules.

    By order of the Commission.

    Issued: October 17, 2002.

Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 02-26880 Filed 10-22-02; 8:45 am]
BILLING CODE 7020-02-P