81_FR_53570 81 FR 53414 - Solid Urea From the Russian Federation: Preliminary Results of Antidumping Duty Administrative and New Shipper Reviews and Rescission of Administrative Review, in Part; 2014-2015

81 FR 53414 - Solid Urea From the Russian Federation: Preliminary Results of Antidumping Duty Administrative and New Shipper Reviews and Rescission of Administrative Review, in Part; 2014-2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 156 (August 12, 2016)

Page Range53414-53416
FR Document2016-19261

The Department of Commerce (the Department) is conducting an administrative review and new shipper review of the antidumping duty order on solid urea from the Russian Federation (Russia). The period of review (POR) is July 1, 2014, through June 30, 2015. The Department preliminarily finds that MCC EuroChem and Joint Stock Company PhosAgro- Cherepovets (PhosAgro) have not made sales of subject merchandise in the United States at prices below normal value. Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 81 Issue 156 (Friday, August 12, 2016)
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Notices]
[Pages 53414-53416]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19261]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-801]


Solid Urea From the Russian Federation: Preliminary Results of 
Antidumping Duty Administrative and New Shipper Reviews and Rescission 
of Administrative Review, in Part; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review and new shipper review of the antidumping duty 
order on solid urea from the Russian Federation (Russia). The period of 
review (POR) is July 1, 2014, through June 30, 2015. The Department 
preliminarily finds that MCC EuroChem and Joint Stock Company PhosAgro-
Cherepovets (PhosAgro) have not made sales of subject merchandise in 
the United States at prices below normal value. Interested parties are 
invited to comment on these preliminary results.

DATES: Effective August 12, 2016.

FOR FURTHER INFORMATION CONTACT: Michael Romani or Andre Gziryan, AD/
CVD Operations, Office I, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-0198 or (202) 
482-2201, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The merchandise subject to the order 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 3102.10.0010. 
Previously such merchandise was classified under item number 480.3000 
and 3102.10.0000 of the HTSUS. Although the HTSUS subheading is 
provided for convenience and customs purposes, the written description 
of the merchandise subject to the order is dispositive.

Rescission of Administrative Review in Part

    We are rescinding the administrative review in part with respect to 
PhosAgro.\1\
---------------------------------------------------------------------------

    \1\ See Preliminary Decision Memorandum at 3 for more details on 
this rescission in part. As noted in the Preliminary Decision 
Memorandum, we will not issue assessment instructions as a result of 
the rescission of the administrative review with respect to Phos 
Agro, given the ongoing new shipper review. Id. n.13.
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Methodology

    The Department conducted these reviews in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export and 
constructed export price are calculated in accordance with section 
772(a) and 772(b) of the Act respectively. Normal value is calculated 
in accordance with section 773(c) of the Act.
    For a full description of the methodology underlying our 
conclusions, see Preliminary Decision Memorandum.\2\ The Preliminary 
Decision Memorandum is a public document and is made available to the 
public via Enforcement and Compliance's Antidumping and Countervailing 
Duty Centralized Electronic Service System (ACCESS). ACCESS is 
available to registered users at https://access.trade.gov, and to all 
parties in the Central Records Unit, located at room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/index.html. A list of the topics discussed in 
the Preliminary Decision Memorandum is attached as an Appendix to this 
notice.
---------------------------------------------------------------------------

    \2\ See memorandum from Gary Taverman, Associate Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for 
Enforcement and Compliance, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative and New Shipper Review: 
Solid Urea from the Russian Federation,'' dated concurrently with 
this notice (Preliminary Decision Memorandum), which is hereby 
adopted by this notice.
---------------------------------------------------------------------------

Preliminary Results of the Administrative Review

    As a result of this administrative review, we preliminarily 
determine that a weighted-average dumping margin of 0.00 percent exists 
for MCC EuroChem\3\ for the period July 1, 2014, through June 30, 2015.
---------------------------------------------------------------------------

    \3\ OJSC Nevinnomysskiy Azot, and OJSC NAK Azot (a.k.a., 
Novomoskovskiy Azot, OJSC) are producing subsidiaries of MCC 
EuroChem.

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[[Page 53415]]

Preliminary Results of the New Shipper Review

    As a result of this new shipper review, we preliminarily determine 
that a weighted-average dumping margin of 0.00 percent exists for 
merchandise produced and exported by Joint Stock Company PhosAgro-
Cherepovets for the period July 1, 2014, through June 30, 2015.

Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to the parties within five days after the date of 
publication of this notice.\4\ Pursuant to 19 CFR 351.309(c), 
interested parties may submit cases briefs not later than 30 days after 
the date of publication of this notice. Rebuttal briefs, limited to 
issues raised in case briefs, may be filed no later than five days 
after the time limit for filing the case briefs.\5\ Parties who submit 
case briefs or rebuttal briefs in this proceeding are encouraged to 
submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\6\
---------------------------------------------------------------------------

    \4\ See 19 CFR 351.224(b).
    \5\ See 19 CFR 351.309(d).
    \6\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. An electronically filed document must be received successfully 
in its entirety by the Department's electronic records system, ACCESS, 
by 5:00 p.m. Eastern Time within 30 days after the date of publication 
of this notice.\7\ Requests should contain (1) the party's name, 
address, and telephone number; (2) the number of participants; and (3) 
a list of issues to be discussed. Issues raised in the hearing will be 
limited to those raised in the respective case briefs.
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Unless the deadline is extended pursuant to section 
751(a)(2)(B)(iv) of the Act, the Department will issue the final 
results of these reviews, including the results of its analysis of 
issues raised by parties in their comments, within 120 days after the 
publication of these preliminary results, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h).

Assessment Rates

    If a respondent's weighted-average dumping margin is above de 
minimis (i.e., 0.50 percent) in the final results of these reviews, the 
Department will calculate an importer-specific assessment rate on the 
basis of the ratio of the total amount of dumping calculated for each 
importer's examined sales and, where possible, the total entered value 
of sales, in accordance with 19 CFR 351.212(b)(1).\8\ If the 
respondent's weighted-average dumping margin continues to be zero or de 
minimis in the final results of review, we will instruct U.S. Customs 
and Border Protection (CBP) not to assess duties on any of its entries 
in accordance with the Final Modification for Reviews.\9\
---------------------------------------------------------------------------

    \8\ In these preliminary results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Duty Proceedings; Final 
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for 
Reviews).
    \9\ See Final Modification for Reviews, 77 FR at 8102.
---------------------------------------------------------------------------

    For entries of subject merchandise during the POR produced by MCC 
EuroChem or PhosAgro for which it did not know its merchandise was 
destined for the United States, we will instruct CBP to liquidate 
unreviewed entries at the all-others rate of 64.93 percent \10\ if 
there is no rate for the intermediate company(ies) involved in the 
transaction.
---------------------------------------------------------------------------

    \10\ The all-others rate established in Urea From the Union of 
Soviet Socialist Republics; Final Determination of Sales at Less 
Than Fair Value, 52 FR 19557 (May 26, 1987).
---------------------------------------------------------------------------

    We intend to issue instructions to CBP 15 days after publication of 
the final results of these reviews.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of final results of these reviews for all 
shipments of solid urea from Russia entered, or withdrawn from 
warehouse, for consumption on or after the date of publication as 
provided by section 751(a)(2) of the Act: (1) The cash deposit rate 
with respect to the adminstrative review respondent, MCC EuroChem, will 
be the rate established in the final results of this administrative 
review; (2) for merchandise exported by manufacturers or exporters not 
covered in these reviews but covered in a prior segment of the 
proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this 
proceeding; (3) if the exporter is not a firm covered in these reviews, 
a prior review, or the original investigation but the manufacturer is, 
the cash deposit rate will be the rate established for the manufacturer 
of the merchandise for the most recently completed segment of this 
proceeding; (4) the cash deposit rate for all other manufacturers or 
exporters will continue to be 64.93 percent.\11\
---------------------------------------------------------------------------

    \11\ Id.
---------------------------------------------------------------------------

    With respect to PhosAgro, the new shipper respondent, the 
Department established a combination cash deposit rate for this company 
consistent with its practice as follows: (1) For subject merchandise 
produced and exported by PhosAgro, the cash deposit rate will be the 
rate established for PhosAgro in the final results of the new shipper 
review; (2) for subject merchandise exported by PhosAgro, but not 
produced by PhosAgro, the cash deposit rate will be the rate for the 
all-others established in the less-than-fair-value investigation; and 
(3) for subject merchandise produced by PhosAgro but not exported by 
PhosAgro, the cash deposit rate will be the rate applicable to the 
exporter.
    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    This notice serves as a preliminary 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.
    We are issuing and publishing the preliminary results of these 
reviews in accordance with sections 751(a)(1), 751(a)(2)(B) and 777(i) 
of the Act and 19 CFR 351.213, 351.214 and 351.221(b)(4).

    Dated: August 5, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

Summary
Background
Rescission of Administrative Review in Part
Bona Fides Analysis
Comparisons to Normal Value
    A. Determination of Comparison Method
    B. Results of the Differential Pricing Analysis
Date of Sale
Product Comparisons
Export Price and Constructed Export Price
Normal Value
    A. Selection of Comparison Market
    B. Affiliated Party Transactions and Arm's-Length Test
    C. Level of Trade
    D. Cost of Production Analysis
    E. Calculation of Normal Value Based on Comparison Market Prices

[[Page 53416]]

Currency Conversion
Recommendation

[FR Doc. 2016-19261 Filed 8-11-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                  53414                         Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices

                                                  warehouse, for consumption, in                            Allegation of Duty Evasion                          Rescission of Administrative Review in
                                                  accordance with 19 CFR 351.212(c)(l)(i).                Recommendation                                        Part
                                                                                                          [FR Doc. 2016–19250 Filed 8–11–16; 8:45 am]
                                                  Cash Deposit Requirements                                                                                       We are rescinding the administrative
                                                                                                          BILLING CODE 3510–DS–P
                                                    The following cash deposit                                                                                  review in part with respect to
                                                  requirements will be effective upon                                                                           PhosAgro.1
                                                  publication of the final results of this                DEPARTMENT OF COMMERCE
                                                  administrative review for all shipments                                                                       Methodology
                                                  of the subject merchandise entered, or                  International Trade Administration                       The Department conducted these
                                                  withdrawn from warehouse, for                                                                                 reviews in accordance with section
                                                  consumption on or after the publication                                                                       751(a)(2) of the Tariff Act of 1930, as
                                                                                                          [A–821–801]
                                                  date of the final results of review, as                                                                       amended (the Act). Export and
                                                  provided by section 751(a)(2)(C) of the                 Solid Urea From the Russian                           constructed export price are calculated
                                                  Act: (1) For previously investigated or                 Federation: Preliminary Results of                    in accordance with section 772(a) and
                                                  reviewed PRC and non-PRC exporters                      Antidumping Duty Administrative and
                                                  which are not under review in this                                                                            772(b) of the Act respectively. Normal
                                                                                                          New Shipper Reviews and Rescission                    value is calculated in accordance with
                                                  segment of the proceeding but which                     of Administrative Review, in Part;
                                                  have separate rates, the cash deposit rate                                                                    section 773(c) of the Act.
                                                                                                          2014–2015
                                                  will continue to be the exporter-specific                                                                        For a full description of the
                                                  rate published for the most recent                      AGENCY:  Enforcement and Compliance,                  methodology underlying our
                                                  period; (2) for all PRC exporters of                    International Trade Administration,                   conclusions, see Preliminary Decision
                                                  subject merchandise that have not been                  Department of Commerce.                               Memorandum.2 The Preliminary
                                                  granted a separate rate, including Hunan                                                                      Decision Memorandum is a public
                                                  Valin, the cash deposit rate will be the                SUMMARY:   The Department of Commerce                 document and is made available to the
                                                  PRC-wide rate of 128.59 percent; and (3)                (the Department) is conducting an                     public via Enforcement and
                                                  for all non-PRC exporters of subject                    administrative review and new shipper                 Compliance’s Antidumping and
                                                  merchandise which have not received                     review of the antidumping duty order                  Countervailing Duty Centralized
                                                  their own rate, the cash deposit rate will              on solid urea from the Russian                        Electronic Service System (ACCESS).
                                                  be the rate applicable to the PRC                       Federation (Russia). The period of                    ACCESS is available to registered users
                                                  exporter(s) that supplied that non-PRC                  review (POR) is July 1, 2014, through                 at https://access.trade.gov, and to all
                                                  exporter. These deposit requirements,                   June 30, 2015. The Department                         parties in the Central Records Unit,
                                                  when imposed, shall remain in effect                    preliminarily finds that MCC EuroChem                 located at room B8024 of the main
                                                  until further notice.                                   and Joint Stock Company PhosAgro-                     Department of Commerce building. In
                                                                                                          Cherepovets (PhosAgro) have not made
                                                  Notification to Importers                                                                                     addition, a complete version of the
                                                                                                          sales of subject merchandise in the
                                                    This notice also serves as a                                                                                Preliminary Decision Memorandum can
                                                                                                          United States at prices below normal
                                                  preliminary reminder to importers of                                                                          be found at http://
                                                                                                          value. Interested parties are invited to
                                                  their responsibility under 19 CFR                                                                             enforcement.trade.gov/frn/index.html.
                                                                                                          comment on these preliminary results.
                                                  351.402(f)(2) to file a certificate                                                                           A list of the topics discussed in the
                                                  regarding the reimbursement of                          DATES:   Effective August 12, 2016.                   Preliminary Decision Memorandum is
                                                  antidumping duties prior to liquidation                 FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                attached as an Appendix to this notice.
                                                  of the relevant entries during this                     Michael Romani or Andre Gziryan, AD/                  Preliminary Results of the
                                                  review period. Failure to comply with                   CVD Operations, Office I, Enforcement                 Administrative Review
                                                  this requirement could result in the                    and Compliance, International Trade
                                                  Department’s presumption that                           Administration, U.S. Department of                      As a result of this administrative
                                                  reimbursement of antidumping duties                     Commerce, 1401 Constitution Avenue                    review, we preliminarily determine that
                                                  occurred and the subsequent assessment                  NW., Washington, DC 20230; telephone:                 a weighted-average dumping margin of
                                                  of double antidumping duties.                           (202) 482–0198 or (202) 482–2201,                     0.00 percent exists for MCC EuroChem3
                                                    We are issuing and publishing these                   respectively.                                         for the period July 1, 2014, through June
                                                  results in accordance with sections                                                                           30, 2015.
                                                  751(a)(1) and 777(i)(1) of the Act and 19               SUPPLEMENTARY INFORMATION:
                                                  CFR 351.213(d)(4) and 351.221(b)(4).                                                                             1 See Preliminary Decision Memorandum at 3 for
                                                                                                          Scope of the Order
                                                    Dated: August 5, 2016.                                                                                      more details on this rescission in part. As noted in
                                                                                                                                                                the Preliminary Decision Memorandum, we will not
                                                  Ronald K. Lorentzen,                                       The merchandise subject to the order               issue assessment instructions as a result of the
                                                  Acting Assistant Secretary for Enforcement              is solid urea, a high-nitrogen content                rescission of the administrative review with respect
                                                  and Compliance.                                         fertilizer which is produced by reacting              to Phos Agro, given the ongoing new shipper
                                                                                                          ammonia with carbon dioxide. The                      review. Id. n.13.
                                                  Appendix                                                                                                         2 See memorandum from Gary Taverman,
                                                                                                          product is currently classified under the
                                                                                                                                                                Associate Deputy Assistant Secretary for
                                                  List of Sections in the Preliminary Decision            Harmonized Tariff Schedules of the                    Antidumping and Countervailing Duty Operations,
                                                  Memorandum                                              United States (HTSUS) item number                     to Ronald K. Lorentzen, Acting Assistant Secretary
                                                  Summary                                                 3102.10.0010. Previously such                         for Enforcement and Compliance, ‘‘Decision
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Background                                              merchandise was classified under item                 Memorandum for Preliminary Results of
                                                  Scope of the Order                                                                                            Antidumping Duty Administrative and New
                                                                                                          number 480.3000 and 3102.10.0000 of                   Shipper Review: Solid Urea from the Russian
                                                  Partial Rescission                                      the HTSUS. Although the HTSUS                         Federation,’’ dated concurrently with this notice
                                                  Discussion of the Methodology                           subheading is provided for convenience                (Preliminary Decision Memorandum), which is
                                                    Non-Market Economy Country Status                                                                           hereby adopted by this notice.
                                                    Separate Rates
                                                                                                          and customs purposes, the written                        3 OJSC Nevinnomysskiy Azot, and OJSC NAK
                                                    Preliminary Determination of No                       description of the merchandise subject                Azot (a.k.a., Novomoskovskiy Azot, OJSC) are
                                                       Shipments                                          to the order is dispositive.                          producing subsidiaries of MCC EuroChem.



                                             VerDate Sep<11>2014   18:42 Aug 11, 2016   Jkt 238001   PO 00000   Frm 00020   Fmt 4703   Sfmt 4703   E:\FR\FM\12AUN1.SGM   12AUN1


                                                                                Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices                                                53415

                                                  Preliminary Results of the New Shipper                  assessment rate on the basis of the ratio               all other manufacturers or exporters will
                                                  Review                                                  of the total amount of dumping                          continue to be 64.93 percent.11
                                                    As a result of this new shipper                       calculated for each importer’s examined                    With respect to PhosAgro, the new
                                                  review, we preliminarily determine that                 sales and, where possible, the total                    shipper respondent, the Department
                                                  a weighted-average dumping margin of                    entered value of sales, in accordance                   established a combination cash deposit
                                                  0.00 percent exists for merchandise                     with 19 CFR 351.212(b)(1).8 If the                      rate for this company consistent with its
                                                  produced and exported by Joint Stock                    respondent’s weighted-average dumping                   practice as follows: (1) For subject
                                                  Company PhosAgro-Cherepovets for the                    margin continues to be zero or de                       merchandise produced and exported by
                                                  period July 1, 2014, through June 30,                   minimis in the final results of review,                 PhosAgro, the cash deposit rate will be
                                                  2015.                                                   we will instruct U.S. Customs and                       the rate established for PhosAgro in the
                                                                                                          Border Protection (CBP) not to assess                   final results of the new shipper review;
                                                  Disclosure and Public Comment                           duties on any of its entries in                         (2) for subject merchandise exported by
                                                     We intend to disclose the calculations               accordance with the Final Modification                  PhosAgro, but not produced by
                                                  performed for these preliminary results                 for Reviews.9                                           PhosAgro, the cash deposit rate will be
                                                  to the parties within five days after the                  For entries of subject merchandise                   the rate for the all-others established in
                                                  date of publication of this notice.4                    during the POR produced by MCC                          the less-than-fair-value investigation;
                                                  Pursuant to 19 CFR 351.309(c),                          EuroChem or PhosAgro for which it did                   and (3) for subject merchandise
                                                  interested parties may submit cases                     not know its merchandise was destined                   produced by PhosAgro but not exported
                                                  briefs not later than 30 days after the                 for the United States, we will instruct                 by PhosAgro, the cash deposit rate will
                                                  date of publication of this notice.                     CBP to liquidate unreviewed entries at                  be the rate applicable to the exporter.
                                                  Rebuttal briefs, limited to issues raised               the all-others rate of 64.93 percent 10 if                 These cash deposit requirements,
                                                  in case briefs, may be filed no later than              there is no rate for the intermediate                   when imposed, shall remain in effect
                                                  five days after the time limit for filing               company(ies) involved in the                            until further notice.
                                                  the case briefs.5 Parties who submit case               transaction.                                            Notification to Importers
                                                  briefs or rebuttal briefs in this                          We intend to issue instructions to
                                                                                                          CBP 15 days after publication of the                      This notice serves as a preliminary
                                                  proceeding are encouraged to submit
                                                                                                          final results of these reviews.                         reminder to importers of their
                                                  with each argument: (1) A statement of
                                                                                                                                                                  responsibility under 19 CFR
                                                  the issue; (2) a brief summary of the                   Cash Deposit Requirements                               351.402(f)(2) to file a certificate
                                                  argument; and (3) a table of authorities.6
                                                     Pursuant to 19 CFR 351.310(c),                          The following deposit requirements                   regarding the reimbursement of
                                                  interested parties who wish to request a                will be effective upon publication of the               antidumping duties prior to liquidation
                                                                                                          notice of final results of these reviews                of the relevant entries during this
                                                  hearing, must submit a written request
                                                                                                          for all shipments of solid urea from                    review period. Failure to comply with
                                                  to the Assistant Secretary for
                                                                                                          Russia entered, or withdrawn from                       this requirement could result in the
                                                  Enforcement and Compliance, filed
                                                                                                          warehouse, for consumption on or after                  Secretary’s presumption that
                                                  electronically via ACCESS. An
                                                                                                          the date of publication as provided by                  reimbursement of antidumping duties
                                                  electronically filed document must be
                                                                                                          section 751(a)(2) of the Act: (1) The cash              occurred and the subsequent assessment
                                                  received successfully in its entirety by
                                                                                                          deposit rate with respect to the                        of double antidumping duties.
                                                  the Department’s electronic records                                                                               We are issuing and publishing the
                                                  system, ACCESS, by 5:00 p.m. Eastern                    adminstrative review respondent, MCC
                                                                                                          EuroChem, will be the rate established                  preliminary results of these reviews in
                                                  Time within 30 days after the date of                                                                           accordance with sections 751(a)(1),
                                                  publication of this notice.7 Requests                   in the final results of this administrative
                                                                                                          review; (2) for merchandise exported by                 751(a)(2)(B) and 777(i) of the Act and 19
                                                  should contain (1) the party’s name,                                                                            CFR 351.213, 351.214 and 351.221(b)(4).
                                                  address, and telephone number; (2) the                  manufacturers or exporters not covered
                                                  number of participants; and (3) a list of               in these reviews but covered in a prior                   Dated: August 5, 2016.
                                                  issues to be discussed. Issues raised in                segment of the proceeding, the cash                     Ronald K. Lorentzen,
                                                  the hearing will be limited to those                    deposit rate will continue to be the                    Acting Assistant Secretary for Enforcement
                                                  raised in the respective case briefs.                   company-specific rate published for the                 and Compliance.
                                                     Unless the deadline is extended                      most recently completed segment of this                 Appendix—List of Topics Discussed in
                                                  pursuant to section 751(a)(2)(B)(iv) of                 proceeding; (3) if the exporter is not a                the Preliminary Decision Memorandum
                                                  the Act, the Department will issue the                  firm covered in these reviews, a prior
                                                  final results of these reviews, including               review, or the original investigation but               Summary
                                                                                                          the manufacturer is, the cash deposit                   Background
                                                  the results of its analysis of issues raised                                                                    Rescission of Administrative Review in Part
                                                  by parties in their comments, within                    rate will be the rate established for the               Bona Fides Analysis
                                                  120 days after the publication of these                 manufacturer of the merchandise for the                 Comparisons to Normal Value
                                                  preliminary results, pursuant to section                most recently completed segment of this                   A. Determination of Comparison Method
                                                  751(a)(3)(A) of the Act and 19 CFR                      proceeding; (4) the cash deposit rate for                 B. Results of the Differential Pricing
                                                  351.213(h).                                                                                                         Analysis
                                                                                                            8 In these preliminary results, the Department        Date of Sale
                                                  Assessment Rates                                        applied the assessment rate calculation method          Product Comparisons
                                                     If a respondent’s weighted-average                   adopted in Antidumping Proceedings: Calculation         Export Price and Constructed Export Price
                                                                                                          of the Weighted-Average Dumping Margin and              Normal Value
                                                  dumping margin is above de minimis                      Assessment Rate in Certain Antidumping Duty               A. Selection of Comparison Market
mstockstill on DSK3G9T082PROD with NOTICES




                                                  (i.e., 0.50 percent) in the final results of            Proceedings; Final Modification, 77 FR 8101               B. Affiliated Party Transactions and Arm’s-
                                                  these reviews, the Department will                      (February 14, 2012) (Final Modification for                 Length Test
                                                                                                          Reviews).
                                                  calculate an importer-specific                            9 See Final Modification for Reviews, 77 FR at
                                                                                                                                                                    C. Level of Trade
                                                                                                                                                                    D. Cost of Production Analysis
                                                                                                          8102.
                                                    4 See 19 CFR 351.224(b).                                10 The all-others rate established in Urea From the
                                                                                                                                                                    E. Calculation of Normal Value Based on
                                                    5 See 19 CFR 351.309(d).                              Union of Soviet Socialist Republics; Final                  Comparison Market Prices
                                                    6 See 19 CFR 351.310(c).
                                                                                                          Determination of Sales at Less Than Fair Value, 52
                                                    7 See 19 CFR 351.310(c).                              FR 19557 (May 26, 1987).                                 11 Id.




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                                                  53416                          Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices

                                                  Currency Conversion                                     Memorandum is a public document and                    available and, because the Government
                                                  Recommendation                                          is on file electronically via Enforcement              of Brazil and the respondent companies
                                                  [FR Doc. 2016–19261 Filed 8–11–16; 8:45 am]             and Compliance’s Antidumping and                       did not act to the best of their abilities
                                                  BILLING CODE 3510–DS–P                                  Countervailing Duty Centralized                        in responding to the Department’s
                                                                                                          Electronic Service System (ACCESS).                    requests for information, we drew an
                                                                                                          ACCESS is available to registered users                adverse inference where appropriate in
                                                  DEPARTMENT OF COMMERCE                                  at http://access.trade.gov, and is                     selecting from among the facts
                                                                                                          available to all parties in the Central                otherwise available.5 Specifically, we
                                                  International Trade Administration                      Records Unit, Room B8024 of the main                   applied facts available, with adverse
                                                  [C–351–846]                                             Department of Commerce building. In                    inferences, for the Reduction of Tax on
                                                                                                          addition, a complete version of the                    Industrialized Products for Machines
                                                  Countervailing Duty Investigation of                    Issues and Decision Memorandum can                     and Equipment, the BNDES FINAME
                                                  Certain Hot-Rolled Steel Flat Products                  be accessed directly at http://                        Loan program, and the Ex-Tarifário
                                                  From Brazil: Final Affirmative                          enforcement.trade.gov/frn/. The signed                 program, in accordance with section
                                                  Determination, and Final Determination                  Issues and Decision Memorandum and                     776(a) and (b) of the Act. For further
                                                  of Critical Circumstances, in Part                      the electronic version are identical in                information, see the section ‘‘Use of
                                                                                                          content.                                               Adverse Facts Available’’ in the
                                                  AGENCY:   Enforcement and Compliance,
                                                                                                          Scope Comments                                         accompanying Issues and Decision
                                                  International Trade Administration,
                                                                                                                                                                 Memorandum.
                                                  Department of Commerce.                                   In accordance with the Preliminary
                                                  SUMMARY: The Department of Commerce                     Scope Determination,3 the Department                   Changes Since the Preliminary
                                                  (the Department) determines that                        set aside a period of time for parties to              Determination
                                                  countervailable subsidies are being                     address scope issues in case briefs or
                                                  provided to producers and exporters of                  other written comments on scope issues.                  Based on our analysis of the
                                                  certain hot-rolled steel flat products                    In the Preliminary Determination, we                 comments received from parties, and
                                                  (hot-rolled steel, or HRS) from Brazil.                 did not modify the scope language as it                the minor corrections presented and
                                                  For information on the estimated                        appeared in the Initiation Notice.4 No                 additional items discovered at
                                                  subsidy rates, see the ‘‘Final                          interested party submitted scope                       verification, we made certain changes to
                                                  Determination’’ section of this notice.                 comments in case or rebuttal briefs;                   the respondents’ subsidy rate
                                                  The period of investigation is January 1,               therefore, the scope of this investigation             calculations. For a discussion of these
                                                  2014, through December 31, 2014.                        remains unchanged for this final                       changes, see the Issues and Decision
                                                                                                          determination.                                         Memorandum.
                                                  DATES: Effective August 12, 2016.
                                                  FOR FURTHER INFORMATION CONTACT:                        Scope of the Investigation                             Final Affirmative Determination of
                                                  Sergio Balbontin, Nicholas Czajkowski,                                                                         Critical Circumstances, in Part
                                                                                                             The products covered by this
                                                  or Lana Nigro, AD/CVD Operations,                       investigation are certain hot-rolled steel
                                                  Office I, Enforcement and Compliance,                                                                             On October 23, 2015, the petitioner
                                                                                                          flat products from Brazil. For a complete              filed a timely critical circumstances
                                                  International Trade Administration,                     description of the scope of this
                                                  U.S. Department of Commerce, 1401                                                                              allegation pursuant to section 703(e)(1)
                                                                                                          investigation, see the ‘‘Scope of the                  of the Act and 19 CFR 351.206(c)(1),
                                                  Constitution Avenue NW., Washington,                    Investigation,’’ attached to this notice at
                                                  DC 20230; telephone: (202) 482–6478,                                                                           alleging that critical circumstances exist
                                                                                                          Appendix I.                                            with respect to imports of hot-rolled
                                                  (202) 482–1395, and (202) 482–1779,
                                                  respectively.                                           Analysis of Subsidy Programs and                       steel from Brazil.6 We preliminarily
                                                                                                          Comments Received                                      determined that critical circumstances
                                                  SUPPLEMENTARY INFORMATION:                                                                                     existed with respect to CSN and
                                                                                                             The subsidy programs under
                                                  Background                                                                                                     Usiminas, but not for all others
                                                                                                          investigation and the issues raised in
                                                                                                                                                                 companies.7 Based on additional import
                                                    The Department published the                          the case and rebuttal briefs by parties in
                                                                                                          this investigation are discussed in the                data that became available since the
                                                  Preliminary Determination on January
                                                                                                          Issues and Decision Memorandum. A                      Preliminary Determination of Critical
                                                  15, 2016.1 A summary of the events that
                                                                                                          list of the issues that parties raised, and            Circumstances, we are departing from
                                                  occurred since the Department
                                                                                                          to which we have responded in the                      our preliminary finding. For this final
                                                  published the Preliminary
                                                                                                          Issues and Decision Memorandum, is                     determination, in accordance with
                                                  Determination, as well as a full
                                                                                                          attached to this notice at Appendix II.                section 705(a) of the Act, we find that
                                                  discussion of the issues raised by parties
                                                                                                                                                                 critical circumstances exist with respect
                                                  for this final determination, may be                    Use of Adverse Facts Available                         to CSN but that critical circumstances
                                                  found in the Issues and Decision
                                                                                                            In making this final determination,                  do not exist with respect to Usiminas
                                                  Memorandum.2 The Issues and Decision
                                                                                                          the Department relied, in part, on facts               and all other producers and exporters of
                                                     1 See Countervailing Duty Investigation of Certain

                                                                                                          Rolled Steel Flat Products from Brazil,’’ dated          5 See sections 776(a) and (b) of the Tariff Act of
                                                  Hot-Rolled Steel Flat Products From Brazil:
                                                  Preliminary Affirmative Determination and               concurrently with this determination (Issues and       1930, as amended (the Act).
                                                  Alignment of Final Determination With Final             Decision Memorandum) and hereby adopted by this          6 See letter from the Petitioner, ‘‘Certain Hot-

                                                  Antidumping Duty Determination, 81 FR 2168              notice.                                                Rolled Steel Flat Products From Australia, Brazil,
                                                  (January 15, 2016) (Preliminary Determination) and        3 See Memorandum to Christian Marsh, Deputy          Japan and the Netherlands—Critical Circumstances
mstockstill on DSK3G9T082PROD with NOTICES




                                                  accompanying Preliminary Decision Memorandum            Assistant Secretary for Antidumping and                Allegations,’’ dated October 23, 2015.
                                                  (PDM).                                                  Countervailing Duty Operations, ‘‘Certain Hot-           7 See Antidumping Duty Investigations of Certain
                                                     2 See Memorandum from Christian Marsh, Deputy        Rolled Steel Products from Australia, Brazil, Japan,   Hot-Rolled Steel Flat Products From Australia,
                                                  Assistant Secretary for Antidumping and                 the Netherlands, the Republic of Korea, Turkey and     Brazil, Japan, and the Netherlands and
                                                  Countervailing Duty Operations, to Ronald K.            the United Kingdom: Scope Comments Decision            Countervailing Duty Investigation of Certain Hot-
                                                  Lorentzen, Acting Assistant Secretary for               Memorandum for the Preliminary Determinations,’’       Rolled Steel Flat Products From Brazil: Preliminary
                                                  Enforcement and Compliance, ‘‘Issues and Decision       dated March 14, 2016.                                  Determinations of Critical Circumstances, 80 FR
                                                  Memorandum for the Final Determination in the             4 See Preliminary Determination PDM at ‘‘Scope       76444 (December 9, 2015) (Preliminary
                                                  Countervailing Duty Investigation of Certain Hot-       Comments.’’                                            Determination of Critical Circumstances).



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Document Created: 2018-02-09 11:33:06
Document Modified: 2018-02-09 11:33:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective August 12, 2016.
ContactMichael Romani or Andre Gziryan, AD/ CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0198 or (202) 482-2201, respectively.
FR Citation81 FR 53414 

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