[Federal Register Volume 65, Number 11 (Tuesday, January 18, 2000)]
[Notices]
[Pages 2643-2644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1096]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-856 (Final)]


Certain Ammonium Nitrate From Russia

AGENCY:  United States International Trade Commission.

ACTION:  Scheduling of the final phase of an antidumping investigation.

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SUMMARY:  The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigation No. 731-TA-856 (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 Russia of solid fertilizer grade 
ammonium nitrate, provided for in subheading 3102.30.00 of the 
Harmonized Tariff Schedule of the United States.\1\
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    \1\ For purposes of this investigation, Commerce has defined the 
subject merchandise as ``solid, fertilizer grade ammonium nitrate 
products, whether prilled, granular or in other solid form, with or 
without additives or coating, and with a bulk density equal to or 
greater than 53 pounds per cubic foot. Specifically excluded from 
this scope is solid ammonium nitrate with a bulk density less than 
53 pounds per cubic foot (commonly referred to as industrial or 
explosive grade ammonium nitrate.)''
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    For further information concerning the conduct of this phase of the 
investigation, 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:  January 7, 2000.

FOR FURTHER INFORMATION CONTACT:  Karen Taylor (202-708-4101), Office 
of

[[Page 2644]]

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).

SUPPLEMENTARY INFORMATION: Background.--The final phase of this 
investigation is being scheduled as a result of an affirmative 
preliminary determination by the Department of Commerce that imports of 
solid fertilizer grade ammonium nitrate from Russia are being sold in 
the United States at less than fair value within the meaning of section 
733 of the Act (19 U.S.C. 1673b). The investigation was requested in a 
petition filed on July 23, 1999, by the ad hoc Committee for Fair 
Ammonium Nitrate Trade (COFANT) (consisting of Air Products & 
Chemicals, Inc., Allentown, PA; Mississippi Chemical Corp., Yazoo City, 
MS; El Dorado Chemical Co., Oklahoma City, OK; Nitram, Inc., Tampa, FL; 
LaRoche Industries, Inc., Atlanta, GA; and Wil-Gro Fertilizer, Inc., 
Celina, TX).
    Participation in the investigation 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 this 
investigation 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 investigation 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 
investigation.
    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 this investigation available to 
authorized applicants under the APO issued in the investigation, 
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 investigation. A party granted access to BPI in the 
preliminary phase of the investigation 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 
this investigation will be placed in the nonpublic record on March 9, 
2000, 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 this investigation beginning at 9:30 a.m. on March 23, 
2000, 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 March 13, 2000. A nonparty who has 
testimony that may aid the Commission's deliberations may request 
permission to present a short statement at the hearing. All parties and 
nonparties desiring to appear at the hearing and make oral 
presentations should attend a prehearing conference to be held at 9:30 
a.m. on March 15, 2000, at the U.S. International Trade Commission 
Building. Oral testimony and written materials to be submitted at the 
public hearing are governed by Secs. 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 March 16, 2000. 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 March 
30, 2000; 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 investigation may submit a written 
statement of information pertinent to the subject of the investigation 
on or before March 30, 2000. On April 20, 2000, 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 April 24, 2000, 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 Secs. 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 Secs. 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigation must be 
served on all other parties to the investigation (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:  This investigation is 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.

    Issued: January 12, 2000.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 00-1096 Filed 1-14-00; 8:45 am]
BILLING CODE 7020-02-P