81 FR 43232 - Ammonium Nitrate From Russia; Institution of a Five-Year Review

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 127 (July 1, 2016)

Page Range		43232-43234
FR Document		2016-15371
The Commission hereby gives notice that it has instituted a review pursuant to the Tariff Act of 1930 (``the Act''), as amended, to determine whether revocation of the antidumping duty order on ammonium nitrate from Russia would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission; \1\ to be assured of consideration, the deadline for responses is August 1, 2016. Comments on the adequacy of responses may be filed with the Commission by September 14, 2016. ---------------------------------------------------------------------------
Federal Register, Volume 81 Issue 127 (Friday, July 1, 2016)
[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Notices]
[Pages 43232-43234]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15371]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-856 (Third Review)]


Ammonium Nitrate From Russia; Institution of a Five-Year Review

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice that it has instituted a 
review pursuant to the Tariff Act of 1930 (``the Act''), as amended, to 
determine whether revocation of the antidumping duty order on ammonium 
nitrate from Russia would be likely to lead to continuation or 
recurrence of material injury. Pursuant to the Act, interested parties 
are requested to respond to this notice by submitting the information 
specified below to the Commission; \1\ to be assured of consideration, 
the deadline for responses is August 1, 2016. Comments on the adequacy 
of responses may be filed with the Commission by September 14, 2016.
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    \1\ No response to this request for information is required if a 
currently valid Office of Management and Budget (OMB) number is not 
displayed; the OMB number is 3117-0016/USITC No. 16-5-359, 
expiration date June 30, 2017. Public reporting burden for the 
request is estimated to average 15 hours per response. Please send 
comments regarding the accuracy of this burden estimate to the 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW., Washington, DC 20436.

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DATES: Effective Date: July 1, 2016.

FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), 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 this proceeding may be 
viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: Background.--On May 19, 2000, the Department 
of Commerce suspended an antidumping duty investigation on imports of 
ammonium nitrate from Russia (65 FR 37759, June 16, 2000). Following 
five-year reviews by Commerce and the Commission, effective April 5, 
2006, Commerce issued a continuation of the suspended investigation on 
imports of ammonium nitrate from Russia (71 FR 17080). Effective May 2, 
2011, Commerce terminated the suspension agreement and issued an 
antidumping duty order (76 FR 23569, April 27, 2011). Following the 
second five-year reviews by Commerce and the Commission, effective 
August 10, 2011, Commerce issued a continuation of the antidumping duty 
order on imports of ammonium nitrate from Russia (76 FR 49449). The 
Commission is now conducting a third review pursuant to section 751(c) 
of the Act, as amended (19 U.S.C. 1675(c)), to determine whether 
revocation of the order would be likely to lead to continuation or 
recurrence of material injury to the domestic industry within a 
reasonably foreseeable time. Provisions concerning the conduct of this 
proceeding may be found in the Commission's Rules of Practice and 
Procedure at 19 CFR parts 201, Subparts A and B and 19 CFR part 207, 
subparts A and F. The Commission will assess the adequacy of interested 
party responses to this notice of institution to determine whether to 
conduct a full review or an expedited review. The Commission's 
determination in any expedited review will be based on the facts 
available, which may include information provided in response to this 
notice.
    Definitions.--The following definitions apply to this review:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year review, as defined by the Department 
of Commerce.
    (2) The Subject Country in this review is Russia.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. In its original 
determination, its full first five-year review determination, and its 
expedited second five-year review, the Commission defined the Domestic 
Like Product as all ammonium nitrate corresponding to Commerce's scope.
    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original determination, its 
full first five-year review determination, and its expedited second 
five-year review determination, the Commission defined the Domestic 
Industry as all domestic producers of the Domestic Like Product.
    (5) An Importer is any person or firm engaged, either directly or 
through a parent company or subsidiary, in importing the Subject 
Merchandise into the United States from a foreign manufacturer or 
through its selling agent.
    Participation in the proceeding 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 proceeding as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in section 201.11(b)(4) of the Commission's rules, no later 
than 21 days after publication of this notice in the Federal Register. 
The Secretary will maintain a public service list containing the names 
and addresses of all persons, or their representatives, who are parties 
to the proceeding.
    Former Commission employees who are seeking to appear in Commission 
five-year reviews are advised that they may appear in a review even if 
they participated personally and substantially in the corresponding 
underlying original investigation or an earlier review of the same 
underlying investigation. The Commission's designated agency ethics 
official has advised that a five-year review is not the same particular 
matter as the underlying original investigation, and a five-year review 
is not the same particular matter as an earlier review of the same 
underlying investigation for purposes of 18 U.S.C. 207, the post 
employment statute for Federal employees, and Commission rule 201.15(b) 
(19 CFR 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 73 FR 24609 (May 5, 
2008). Consequently, former employees are not required to seek 
Commission approval

[[Page 43233]]

to appear in a review under Commission rule 19 CFR 201.15, even if the 
corresponding underlying original investigation or an earlier review of 
the same underlying investigation was pending when they were Commission 
employees. For further ethics advice on this matter, contact Carol 
McCue Verratti, Deputy Agency Ethics Official, at 202-205-3088.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and APO service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI submitted in this proceeding available to authorized 
applicants under the APO issued in the proceeding, provided that the 
application is made no later than 21 days after publication of this 
notice in the Federal Register. Authorized applicants must represent 
interested parties, as defined in 19 U.S.C. 1677(9), who are parties to 
the proceeding. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Certification.--Pursuant to section 207.3 of the Commission's 
rules, any person submitting information to the Commission in 
connection with this proceeding must certify that the information is 
accurate and complete to the best of the submitter's knowledge. In 
making the certification, the submitter will acknowledge that 
information submitted in response to this request for information and 
throughout this proceeding or other proceeding may be disclosed to and 
used: (i) By the Commission, its employees and Offices, and contract 
personnel (a) for developing or maintaining the records of this or a 
related proceeding, or (b) in internal investigations, audits, reviews, 
and evaluations relating to the programs, personnel, and operations of 
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. 
government employees and contract personnel, solely for cybersecurity 
purposes. All contract personnel will sign appropriate nondisclosure 
agreements.
    Written submissions.--Pursuant to section 207.61 of the 
Commission's rules, each interested party response to this notice must 
provide the information specified below. The deadline for filing such 
responses is August 1, 2016. Pursuant to section 207.62(b) of the 
Commission's rules, eligible parties (as specified in Commission rule 
207.62(b)(1)) may also file comments concerning the adequacy of 
responses to the notice of institution and whether the Commission 
should conduct an expedited or full review. The deadline for filing 
such comments is September 14, 2016. All written submissions must 
conform with the provisions of section 201.8 of the Commission's rules; 
any submissions that contain BPI must also conform with the 
requirements of sections 201.6, 207.3, and 207.7 of the Commission's 
rules. The Commission's Handbook on E-Filing, available on the 
Commission's Web site at http://edis.usitc.gov, elaborates upon the 
Commission's rules with respect to electronic filing. Also, in 
accordance with sections 201.16(c) and 207.3 of the Commission's rules, 
each document filed by a party to the proceeding must be served on all 
other parties to the proceeding (as identified by either the public or 
APO service list as appropriate), and a certificate of service must 
accompany the document (if you are not a party to the proceeding you do 
not need to serve your response).
    Inability to provide requested information.--Pursuant to section 
207.61(c) of the Commission's rules, any interested party that cannot 
furnish the information requested by this notice in the requested form 
and manner shall notify the Commission at the earliest possible time, 
provide a full explanation of why it cannot provide the requested 
information, and indicate alternative forms in which it can provide 
equivalent information. If an interested party does not provide this 
notification (or the Commission finds the explanation provided in the 
notification inadequate) and fails to provide a complete response to 
this notice, the Commission may take an adverse inference against the 
party pursuant to section 776(b) of the Act (19 U.S.C. 1677e(b)) in 
making its determination in the review.
    Information To Be Provided In Response to This Notice of 
Institution: As used below, the term ``firm'' includes any related 
firms.
    (1) The name and address of your firm or entity (including World 
Wide Web address) and name, telephone number, fax number, and Email 
address of the certifying official.
    (2) A statement indicating whether your firm/entity is an 
interested party under 19 U.S.C. 1677(9) and if so, how, including 
whether your firm/entity is a U.S. producer of the Domestic Like 
Product, a U.S. union or worker group, a U.S. importer of the Subject 
Merchandise, a foreign producer or exporter of the Subject Merchandise, 
a U.S. or foreign trade or business association (a majority of whose 
members are interested parties under the statute), or another 
interested party (including an explanation). If you are a union/worker 
group or trade/business association, identify the firms in which your 
workers are employed or which are members of your association.
    (3) A statement indicating whether your firm/entity is willing to 
participate in this proceeding by providing information requested by 
the Commission.
    (4) A statement of the likely effects of the revocation of the 
antidumping duty order on the Domestic Industry in general and/or your 
firm/entity specifically. In your response, please discuss the various 
factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) 
including the likely volume of subject imports, likely price effects of 
subject imports, and likely impact of imports of Subject Merchandise on 
the Domestic Industry.
    (5) A list of all known and currently operating U.S. producers of 
the Domestic Like Product. Identify any known related parties and the 
nature of the relationship as defined in section 771(4)(B) of the Act 
(19 U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise in the 
Subject Country that currently export or have exported Subject 
Merchandise to the United States or other countries after 2010.
    (7) A list of 3-5 leading purchasers in the U.S. market for the 
Domestic Like Product and the Subject Merchandise (including street 
address, World Wide Web address, and the name, telephone number, fax 
number, and Email address of a responsible official at each firm).
    (8) A list of known sources of information on national or regional 
prices for the Domestic Like Product or the Subject Merchandise in the 
U.S. or other markets.
    (9) If you are a U.S. producer of the Domestic Like Product, 
provide the following information on your firm's operations on that 
product during calendar year 2015, except as noted (report quantity 
data in short tons and value data in U.S. dollars, f.o.b. plant). If 
you are a union/worker group or trade/business association, provide the 
information, on an aggregate basis, for the firms in which your workers 
are employed/which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of the Domestic Like Product 
accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm to produce the Domestic Like 
Product (i.e., the level of production that your

[[Page 43234]]

establishment(s) could reasonably have expected to attain during the 
year, assuming normal operating conditions (using equipment and 
machinery in place and ready to operate), normal operating levels 
(hours per week/weeks per year), time for downtime, maintenance, 
repair, and cleanup, and a typical or representative product mix);
    (c) the quantity and value of U.S. commercial shipments of the 
Domestic Like Product produced in your U.S. plant(s);
    (d) the quantity and value of U.S. internal consumption/company 
transfers of the Domestic Like Product produced in your U.S. plant(s); 
and
    (e) the value of (i) net sales, (ii) cost of goods sold (COGS), 
(iii) gross profit, (iv) selling, general and administrative (SG&A) 
expenses, and (v) operating income of the Domestic Like Product 
produced in your U.S. plant(s) (include both U.S. and export commercial 
sales, internal consumption, and company transfers) for your most 
recently completed fiscal year (identify the date on which your fiscal 
year ends).
    (10) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from the Subject Country, 
provide the following information on your firm's(s') operations on that 
product during calendar year 2015 (report quantity data in short tons 
and value data in U.S. dollars). If you are a trade/business 
association, provide the information, on an aggregate basis, for the 
firms which are members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping duties) of U.S. imports and, if known, an estimate of the 
percentage of total U.S. imports of Subject Merchandise from the 
Subject Country accounted for by your firm's(s') imports;
    (b) the quantity and value (f.o.b. U.S. port, including antidumping 
duties) of U.S. commercial shipments of Subject Merchandise imported 
from the Subject Country; and
    (c) the quantity and value (f.o.b. U.S. port, including antidumping 
duties) of U.S. internal consumption/company transfers of Subject 
Merchandise imported from the Subject Country.
    (11) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in the 
Subject Country, provide the following information on your firm's(s') 
operations on that product during calendar year 2015 (report quantity 
data in short tons and value data in U.S. dollars, landed and duty-paid 
at the U.S. port but not including antidumping duties). If you are a 
trade/business association, provide the information, on an aggregate 
basis, for the firms which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in the Subject 
Country accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm(s) to produce the Subject 
Merchandise in the Subject Country (i.e., the level of production that 
your establishment(s) could reasonably have expected to attain during 
the year, assuming normal operating conditions (using equipment and 
machinery in place and ready to operate), normal operating levels 
(hours per week/weeks per year), time for downtime, maintenance, 
repair, and cleanup, and a typical or representative product mix); and
    (c) the quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from the Subject Country accounted for by your firm's(s') exports.
    (12) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for the Domestic Like Product that have 
occurred in the United States or in the market for the Subject 
Merchandise in the Subject Country after 2010, and significant changes, 
if any, that are likely to occur within a reasonably foreseeable time. 
Supply conditions to consider include technology; production methods; 
development efforts; ability to increase production (including the 
shift of production facilities used for other products and the use, 
cost, or availability of major inputs into production); and factors 
related to the ability to shift supply among different national markets 
(including barriers to importation in foreign markets or changes in 
market demand abroad). Demand conditions to consider include end uses 
and applications; the existence and availability of substitute 
products; and the level of competition among the Domestic Like Product 
produced in the United States, Subject Merchandise produced in the 
Subject Country, and such merchandise from other countries.
    (13) (Optional) A statement of whether you agree with the above 
definitions of the Domestic Like Product and Domestic Industry; if you 
disagree with either or both of these definitions, please explain why 
and provide alternative definitions.

    Authority:  This proceeding is being conducted under authority 
of Title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.61 of the Commission's rules.

    By order of the Commission.

    Issued: June 24, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-15371 Filed 6-30-16; 8:45 am]
 BILLING CODE 7020-02-P
43232 Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices

(n) Penalties 205–1810. Persons with mobility absence of like, most similar in
Any person who violates the above impairments who will need special characteristics and uses with, the
rules and restrictions may be tried assistance in gaining access to the Subject Merchandise. In its original
before a United States Magistrate and Commission should contact the Office determination, its full first five-year
fined in accordance with 18 U.S.C. of the Secretary at 202–205–2000. review determination, and its expedited
3571, imprisoned no more than 12 General information concerning the second five-year review, the
months under 43 U.S.C. 1733(a) and 43 Commission may also be obtained by Commission defined the Domestic Like
CFR 8360.0–7, or both. accessing its internet server (http:// Product as all ammonium nitrate
In accordance with 43 CFR 8365.1–7, www.usitc.gov). The public record for corresponding to Commerce’s scope.
this proceeding may be viewed on the (4) The Domestic Industry is the U.S.
State or local officials may also impose
Commission’s electronic docket (EDIS) producers as a whole of the Domestic
penalties for violations of Nevada law.
at http://edis.usitc.gov. Like Product, or those producers whose
Authority: 43 CFR 8364.1. collective output of the Domestic Like
SUPPLEMENTARY INFORMATION:
William Mack, Jr., Background.—On May 19, 2000, the Product constitutes a major proportion
Black Rock Field Office Manager, Department of Commerce suspended an of the total domestic production of the
Winnemucca District. antidumping duty investigation on product. In its original determination,
[FR Doc. 2016–15681 Filed 6–30–16; 8:45 am] imports of ammonium nitrate from its full first five-year review
Russia (65 FR 37759, June 16, 2000). determination, and its expedited second
BILLING CODE 4310–HC–P
five-year review determination, the
Following five-year reviews by
Commission defined the Domestic
Commerce and the Commission,
Industry as all domestic producers of
INTERNATIONAL TRADE effective April 5, 2006, Commerce
the Domestic Like Product.
COMMISSION issued a continuation of the suspended (5) An Importer is any person or firm
investigation on imports of ammonium engaged, either directly or through a
[Investigation No. 731–TA–856 (Third nitrate from Russia (71 FR 17080).
Review)] parent company or subsidiary, in
Effective May 2, 2011, Commerce importing the Subject Merchandise into
Ammonium Nitrate From Russia; terminated the suspension agreement the United States from a foreign
Institution of a Five-Year Review and issued an antidumping duty order manufacturer or through its selling
(76 FR 23569, April 27, 2011). agent.
AGENCY: United States International Following the second five-year reviews Participation in the proceeding and
Trade Commission. by Commerce and the Commission, public service list.—Persons, including
ACTION: Notice. effective August 10, 2011, Commerce industrial users of the Subject
issued a continuation of the Merchandise and, if the merchandise is
SUMMARY: The Commission hereby gives antidumping duty order on imports of sold at the retail level, representative
notice that it has instituted a review ammonium nitrate from Russia (76 FR consumer organizations, wishing to
pursuant to the Tariff Act of 1930 (‘‘the 49449). The Commission is now participate in the proceeding as parties
Act’’), as amended, to determine conducting a third review pursuant to must file an entry of appearance with
whether revocation of the antidumping section 751(c) of the Act, as amended the Secretary to the Commission, as
duty order on ammonium nitrate from (19 U.S.C. 1675(c)), to determine provided in section 201.11(b)(4) of the
Russia would be likely to lead to whether revocation of the order would Commission’s rules, no later than 21
continuation or recurrence of material be likely to lead to continuation or days after publication of this notice in
injury. Pursuant to the Act, interested recurrence of material injury to the the Federal Register. The Secretary will
parties are requested to respond to this domestic industry within a reasonably maintain a public service list containing
notice by submitting the information foreseeable time. Provisions concerning the names and addresses of all persons,
specified below to the Commission; 1 to the conduct of this proceeding may be or their representatives, who are parties
be assured of consideration, the found in the Commission’s Rules of to the proceeding.
deadline for responses is August 1, Practice and Procedure at 19 CFR parts Former Commission employees who
2016. Comments on the adequacy of 201, Subparts A and B and 19 CFR part are seeking to appear in Commission
responses may be filed with the 207, subparts A and F. The Commission five-year reviews are advised that they
Commission by September 14, 2016. will assess the adequacy of interested may appear in a review even if they
DATES: Effective Date: July 1, 2016. party responses to this notice of participated personally and
FOR FURTHER INFORMATION CONTACT: institution to determine whether to substantially in the corresponding
Mary Messer (202–205–3193), Office of conduct a full review or an expedited underlying original investigation or an
Investigations, U.S. International Trade review. The Commission’s earlier review of the same underlying
Commission, 500 E Street SW., determination in any expedited review investigation. The Commission’s
Washington, DC 20436. Hearing- will be based on the facts available, designated agency ethics official has
impaired persons can obtain which may include information advised that a five-year review is not the
information on this matter by contacting provided in response to this notice. same particular matter as the underlying
the Commission’s TDD terminal on 202– Definitions.—The following original investigation, and a five-year
definitions apply to this review: review is not the same particular matter
(1) Subject Merchandise is the class or as an earlier review of the same
asabaliauskas on DSK3SPTVN1PROD with NOTICES

1 No response to this request for information is

required if a currently valid Office of Management kind of merchandise that is within the underlying investigation for purposes of
and Budget (OMB) number is not displayed; the
OMB number is 3117–0016/USITC No. 16–5–359,
scope of the five-year review, as defined 18 U.S.C. 207, the post employment
expiration date June 30, 2017. Public reporting by the Department of Commerce. statute for Federal employees, and
burden for the request is estimated to average 15 (2) The Subject Country in this review Commission rule 201.15(b) (19 CFR
hours per response. Please send comments is Russia. 201.15(b)), 79 FR 3246 (Jan. 17, 2014),
regarding the accuracy of this burden estimate to
the Office of Investigations, U.S. International Trade
(3) The Domestic Like Product is the 73 FR 24609 (May 5, 2008).
Commission, 500 E Street SW., Washington, DC domestically produced product or Consequently, former employees are not
20436. products which are like, or in the required to seek Commission approval

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Document Created: 2016-07-14 11:38:06
Document Modified: 2016-07-14 11:38:06
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		Mary Messer (202-205-3193), 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 this proceeding may be viewed on the Commission's electronic docket (EDIS) at http:// edis.usitc.gov.
FR Citation		81 FR 43232