Federal Register / Vol. 65, No. 117 / Friday, June 16, 2000 / Notices 37759

a ministerial error. We are amending our

continuation notices to correct the

ministerial error.

EFFECTIVE DATE: June 16, 2000.

FOR FURTHER INFORMATION CONTACT: Eun

W. Cho or James Maeder, Office of

Policy for Import Administration,

International Trade Administration,

U.S. Department of Commerce, 14th

Street and Constitution Ave., NW,

Washington, DC 20230; telephone: (202)

482–1698 or (202) 482-3330,

respectively.

SUPPLEMENTARY INFORMATION:

Background

On June 8, 2000, the Department of

Commerce (‘‘the Department’’)

published the continuation notices of

antidumping duty orders on sulfanilic

acid from the PRC and India, and the

countervailing duty order on sulfanilic

acid from India (65 FR 36404).

Subsequent to the publication of the

final results, we detected ministerial

errors.

Clerical Error

The case number in reference to the

antidumping order for sulfanilic acid

from India should have been A–533–806

rather than A–533–807, as published.

Similarly, the case number in reference

to the countervailing duty order for

sulfanilic acid from India should have

been A–533–807 rather than A–533–

806, as published. We inadvertently

listed wrong case numbers in our

notices of continuation. Therefore, we

are amending the aforementioned

notices of continuation to correct the

ministerial error.

This amendment is issued and

published in accordance with sections

751(h) and 777(i) of the Act.

Dated: June 12, 2000.

Troy H. Cribb,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 00–15311 Filed 6–16–00; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–821–811]

Suspension of Antidumping Duty

Investigation: Solid Fertilizer Grade

Ammonium Nitrate From the Russian

Federation

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

SUMMARY: The Department of Commerce

(‘‘the Department’’) has suspended the

antidumping duty investigation

involving solid fertilizer grade

ammonium nitrate (‘‘ammonium

nitrate’’) from the Russian Federation

(‘‘Russia’’). The basis for this action is

an agreement between the Department

and the Ministry of Trade of the Russian

Federation (‘‘MOT’’) accounting for

substantially all imports of ammonium

nitrate from Russia, wherein the MOT

has agreed to restrict exports of

ammonium nitrate from all Russian

producers/exporters to the United States

and to ensure that such exports are sold

at or above the agreed reference price.

EFFECTIVE DATE: May 19, 2000.

FOR FURTHER INFORMATION CONTACT: Jean

Kemp or Maria Dybczak at (202) 482–

4037 and (202) 482–5811, respectively,

Antidumping and Countervailing Duty

Enforcement Group III, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

Avenue, NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

On August 12, 1999, the Department

initiated an antidumping duty

investigation under section 732 of the

Tariff Act of 1930 (‘‘the Act’’), as

amended, to determine whether imports

of ammonium nitrate from Russia are

being, or are likely to be, sold in the

United States at less than fair value. On

September 3, 1999, the United States

International Trade Commission (‘‘ITC’’)

preliminarily determined that ‘‘there is

a reasonable indication that an industry

in the United States is materially

injured by reason of imports from

Russia of solid fertilizer grade

ammonium nitrate’’ (64 FR 50103,

September 15, 1999). On January 7,

2000, the Department published its

preliminary determination that

ammonium nitrate is being, or is likely

to be, sold in the United States at less

than fair value (‘‘LTFV’’), as provided in

section 733 of the Act (65 FR 1139).

The Department and MOT initialed a

proposed agreement suspending this

investigation on April 20, 2000, at

which time we invited interested parties

to provide written comments on the

agreement. We received comments from

petitioner (the Committee for Fair

Ammonium Nitrate Trade) and the

Committee for a Competitive AN Market

on May 10, 2000. We have taken these

comments into account in the final

version of the suspension agreement.

The Department and MOT signed the

final suspension agreement on May 19,

2000. Accordingly the Department has

suspended the investigation pursuant to

section 734(f) of the Act. Pursuant to

section 734(g) of the Act, parties have 20

days from the date of publication of this

notice to request a continuation of the

investigation.

Scope of Investigation

For a complete description of the

scope of the investigation, see

Agreement Suspending the

Antidumping Investigation on Solid

Fertilizer Grade Ammonium Nitrate

from the Russian Federation, Appendix

III, signed May 19, 2000, attached

hereto.

Suspension of Investigation

The Department consulted with the

parties to the proceeding and has

considered the comments submitted

with respect to the proposed suspension

agreement. Based on our review of these

comments, we made no changes to the

agreement. In accordance with section

734(l) of the Act, we have determined

that the agreement will prevent the

suppression or undercutting of price

levels of domestic products by imports

of the merchandise under investigation

(see Memorandum to Troy H. Cribb from

Joseph A. Spetrini, RE: The Prevention

of Price Suppression or Undercutting of

Price Levels in the Suspension

Agreement On Solid Fertilizer Grade

Ammonium Nitrate from the Russian

Federation). Moreover, in accordance

with section 734(d) of the Act, we have

determined that the agreement is in the

public interest, and that the agreement

can be monitored effectively (see

Memorandum to Troy H. Cribb from

Jeffrey May, Re: Public Interest

Assessment of the Agreement

Suspending the Antidumping Duty

Investigation of Solid Fertilizer Grade

Ammonium Nitrate from the Russian

Federation). We find, therefore, that the

criteria for suspension of an

investigation pursuant to sections

734(d) and (l) of the Act have been met.

The terms and conditions of this

agreement, signed May 19, 2000, are set

forth in Appendix I to this notice.

Pursuant to section 734(f)(2)(A) of the

Act, the suspension of liquidation of all

entries of ammonium nitrate from

Russia entered, or withdrawn from

warehouse, for consumption, as directed

in our notice of Preliminary

Determination of Sales at Less than Fair

Value: Solid Fertilizer Grade

Ammonium Nitrate from the Russian

Federation (65 FR 1139 (January 7,

2000)), is hereby terminated.

Any cash deposits on entries of

ammonium nitrate from Russia pursuant

to that suspension of liquidation shall

be refunded and any bonds shall be

released.

37760 Federal Register / Vol. 65, No. 117 / Friday, June 16, 2000 / Notices

This notice is published pursuant to

section 734(f)(1)(A) of the Act.

Dated: June 5, 2000.

Troy H. Cribb,

Acting Assistant Secretary for Import

Administration.

Appendix 1.—Agreement Suspending

the Antidumping Investigation on Solid

Fertilizer Grade Ammonium Nitrate

From the Russian Federation

For the purpose of encouraging free and

fair trade in Solid Fertilizer Grade

Ammonium Nitrate (‘‘Ammonium Nitrate’’)

from the Russian Federation (‘‘Russia’’),

establishing more normal market relations,

and preventing the suppression or

undercutting of price levels of the like

product in the United States, the United

States Department of Commerce (‘‘DOC’’) and

the Ministry of Trade of the Russian

Federation (‘‘MOT’’) enter into this

suspension agreement (‘‘the Agreement’’).

MOT will restrict exports of Ammonium

Nitrate from all Russian producers and

exporters to the United States, as provided

below. DOC, pursuant to the U.S.

antidumping law (see Appendix II), on the

Effective Date of this Agreement, will

suspend its antidumping investigation of

Ammonium Nitrate from Russia and instruct

the U.S. Customs Service (‘‘Customs’’)

immediately to terminate the suspension of

liquidation and release any cash deposit or

bond posted for entries of Ammonium

Nitrate covered by this Agreement.

Accordingly, DOC and MOT agree as

follows:

I. Definitions

For purposes of this Agreement, the

following definitions apply:

A. ‘‘Date of License’’ shall be the date on

which MOT issued the Export License.

B. ‘‘Date of Contract’’ means the date on

which price and quantity become firm, e.g.,

the date the contract is signed or the

specification date if the price and quantity

become firm on that date.

C. ‘‘Effective Date’’ of this Agreement

means May 19, 2000.

D. ‘‘Export License’’ is the document

issued by MOT that serves as both an export

limit certificate and as a declaration of the

country of origin.

E. ‘‘Ammonium Nitrate’’ means the solid

fertilizer grade ammonium nitrate from

Russia described in Appendix III.

F. ‘‘Indirect Exports’’ means exports of

Ammonium Nitrate from Russia to the

United States through one or more third

countries, whether or not such exports are

further processed, provided that the further

processing does not result in a substantial

transformation or a change in the country of

origin.

G. ‘‘Party to the Proceeding’’ means any

producer, exporter, or importer of

Ammonium Nitrate, union of workers

engaged in the production of Ammonium

Nitrate, association of such parties, or the

government of any country from which such

merchandise is exported, that actively

participated in the antidumping

investigation, through written submission of

factual information or written argument, as

described in more detail in Appendix II.

H. ‘‘Export Limit Period’’ means one of the

following periods:

Initial Export Limit Period—-The Initial

Export Limit Period shall begin on the

Effective Date of the Agreement, and end

on December 31, 2000

Subsequent Export Limit Periods—-The

Subsequent Export Limit Periods shall

consist of each subsequent one-year period,

the first of which will begin the day after

the Initial Export Limit Period ends and

end one year later

I. ‘‘Reference Price’’ means the minimum

F.O.B. Russian port of export price calculated

weekly by DOC for sales of Ammonium

Nitrate for export to the United States, as

described in Article III.

J. ‘‘Floor Price’’ means the fixed price, as

designated in Article III, below which the

Reference Price may not fall.

K. ‘‘Current Market Price’’ means the U.S.

domestic price calculated weekly by DOC as

described in Article III.

L. ‘‘United States’’ means the customs

territory of the United States of America (the

50 States, the District of Columbia and Puerto

Rico) and foreign trade zones located within

the territory of the United States.

M. ‘‘U.S. Purchaser’’ means the first

purchaser in the United States that is not

affiliated with the Russian producer or

exporter and all subsequent purchasers, from

trading companies to consumers.

N. ‘‘Violation’’ means noncompliance with

the terms of this Agreement, whether through

an act or omission, except for noncompliance

that is inconsequential, inadvertent, or does

not substantially frustrate the purposes of

this Agreement.

II. Export Limits

A. No Ammonium Nitrate covered by this

Agreement, whether exported directly or

indirectly from Russia, shall be entered into

the United States unless, when cumulated

with all prior entries of Ammonium Nitrate

exported from Russia during the Export Limit

Period in which that Ammonium Nitrate was

exported, it does not exceed the export limits

set forth below.

1. The export limit for the Initial Export

Limit Period (from the Effective Date of the

Agreement to December 31, 2000) shall be

49,962 metric tons of Ammonium Nitrate, for

the portion of the year 2000 remaining after

the Effective Date of the Agreement.

2. The export limit for each subsequent

Export Limit Period shall be as follows:

January 1, 2001, to December 31, 2001—

100,000 MT

January 1, 2002, to December 31, 2002—

110,000 MT

January 1, 2003, to December 31, 2003—

130,000 MT

January 1, 2004, to December 31, 2004 and

any subsequent Export Limit Periods—

150,000 MT

B. When Ammonium Nitrate is imported

into the United States and is subsequently reexported, or re-packaged and re-exported, or

blended and re-exported, the amount reexported shall be deducted from the amounts

of exports that have been counted against the

export limit for the Export Limit Period in

which the re-export takes place. The

deduction will be applied only after DOC has

received, and has had the opportunity to

verify, evidence demonstrating the original

importation, any repackaging or blending,

and subsequent exportation.

C. Notwithstanding any other provision of

this Agreement, except Articles II.D.

(regarding combined export limit and carried

over allowance) and IV.B. (pertaining to

volumes licensed but not shipped), up to 15

percent of the export limit for any Export

Limit Period may be carried over to the

Subsequent Export Limit Period and up to 15

percent of the export limit for any Export

Limit Period may be carried back to the last

60 days of the previous Export Limit Period.

Any carried over or carried back allowance

shall be counted against the export limit for

the previous or subsequent Export Limit

Period, respectively.

D. Beginning with the first Subsequent

Export Limit Period (January 1, 2001, to

December 31, 2001), MOT will not issue

Export Licenses authorizing the exportation

to the United States of Ammonium Nitrate

covered by this Agreement in either the first

half (January through June) or the second half

(July through December) of any Export Limit

Period that exceeds 60 percent of the

combined export limit volume for that Export

Limit Period and the carried over volume

from the previous Export Limit Period, as

described in Article II.C.

E. If DOC receives information indicating

that Ammonium Nitrate from Russia may

have entered the United States in excess of

the export limits established in Article II.A

or below the Reference Price as established

in Article III, DOC shall notify MOT of those

entries and provide to MOT all information

concerning those entries that DOC is able to

disclose consistent with U.S. law. MOT shall

respond within 15 days. If the information

continues to indicate that these entries were

in excess of the export limits or below the

Reference Price, DOC shall provide MOT an

opportunity for prompt consultations, which

shall be completed within 60 days after

DOC’s initial notification. Once the

consultations have been completed, unless

DOC concludes that the entries were not in

excess of the export limits or below the

Reference Price, DOC shall count against the

export limit for either the current or

subsequent Export Limit Period, as

appropriate, 125 percent of the volume of the

entries in excess of the export limits or below

the Reference Price. When a Russian

producer or exporter is found responsible for

the entries in excess of the export limits or

below the Reference Price, MOT shall deny

that producer or exporter Export Licenses for

six months following the last date of entry.

When any other entity was involved with the

entries in excess of the export limits or below

the Reference Price, MOT shall, for one year

after the last date of entry, deny Export

Licenses for the distribution of any

Ammonium Nitrate involving that entity. The

provisions of this section do not supersede

the provisions of Article IX of this Agreement

if DOC determines that the entries were in

excess of the export limits or below the

Reference Price.

Federal Register / Vol. 65, No. 117 / Friday, June 16, 2000 / Notices 37761

1The validity of an Export License will not be

affected by a subsequent change of an HTS number.

III. Reference Price

A. The Reference Price will be based on a

Current Market Price, adjusted to reflect a

F.O.B. Russian port of export price. In

addition, there will be a Floor Price below

which the Reference Price shall not fall. The

Reference Price will be determined on a

weekly basis. MOT will ensure that

Ammonium Nitrate covered by this

Agreement will not be sold at a price below

the Reference Price in effect on the Date of

Contract.

B. DOC will issue the first weekly

Reference Price under this Agreement on the

first Monday after signature of this

Agreement, utilizing the calculation

methodology in Article III.C below. This first

Reference Price will be applicable to the

week after which the Agreement is signed.

C. On the first business day of each

subsequent week, DOC will calculate the

Reference Price which will be effective

beginning on the next business day and

remain in effect until the next Reference

Price becomes effective. The Reference Price

shall be the higher of: the Current Market

Price set forth in section C.1 less the costs

detailed in section C.2, and the Floor Price

set forth in section C.3.

1. The Current Market Price will be

determined as follows:

a. DOC will calculate an average of the

weekly Fertilizer Markets’ Midwest FOB

price range and Green Markets’ Mid Cornbelt

FOB price range.

b. DOC will calculate a simple average of

the four most recent weekly averages derived

in subsection 1.a, above. This four week

average (converted from a short ton basis to

a metric ton basis) will be the Current Market

Price.

c. After consultations between DOC and

MOT, should they agree that the currently

used sources for the valuation of the Current

Market Price for Ammonium Nitrate are no

longer appropriate, they may agree to select

an alternative source. DOC will give parties

at least 30 days notice before choosing

another source(s) for the purposes of Current

Market Price valuation.

2. To express the Current Market Price on

an F.O.B. Russian port of export basis, an

amount for costs associated with delivering

the merchandise from Russia to the United

States shall be deducted from the Current

Market Price calculated in section C.1. This

amount will be $55 per metric ton. Except

when section C.3 applies, the result of this

calculation shall be the Reference Price. After

consultations between DOC and MOT,

should they agree that the amount for costs

associated with delivering the merchandise

from Russia to the United States are no

longer appropriate, they may revise this

amount. DOC will give parties at least 30

days notice prior to any change becoming

effective.

3. The Floor Price is the price below which

Ammonium Nitrate subject to this Agreement

may not be sold. The Floor Price will be $85

F.O.B. Russian Port. The Reference Price

shall not be less than the Floor Price.

D. Reference Prices are F.O.B. Russian port

of export. If the sale for export is on terms

other than F.O.B. Russian port of export,

MOT shall ensure that the F.O.B. Russian

port of export price is not lower than the

Reference Price by adjusting the relevant

costs to ensure compliance with the

Reference Price requirements.

IV. Implementation

A. The United States shall require

presentation of an original stamped Export

License as a condition for entry into the

United States of Ammonium Nitrate covered

by this Agreement, except where there are

multiple shipments under a single license.

For multiple shipments at multiple ports or

multiple entries at one port, the original

license shall be presented with the first entry

and the volume entered at that time will be

noted on the original license. Customs will

provide the importer with a certified copy for

presentation to Customs with the importer’s

next entry under that license. Subsequent

entries can be made from copies of the

original which reflect all of the deductions

made from the original license.

B. Export Licenses must contain the

quantity in metric tons, specifications (form

(prilled, granular, or other solid form)),

coatings, additives, density, contract (or sales

order) date and contract (or sales order)

number; unit price, and F.O.B. Russian port

of export sales value. If necessary, additional

information may be included on the Export

License or, if necessary, a separate page

attached to the Export License. DOC will

deduct the quantity listed on each Export

License from the export limit for the Export

Limit Period in which the Date of License

falls. However, if the bills of lading for all of

the shipments under an Export License

establish that the actual imports into the

United States under that license were less

than the total volume listed on the license,

DOC will reflect the actual amount as having

been deducted from the volume listed on the

export license, but, notwithstanding the

carry-over and carry-back limitations in

Article II.C, will authorize MOT to issue a

new Export License in the same or

Subsequent Export Licensing Period

authorizing additional exports equal in

volume to the amount by which the volume

on the Export License exceeded the actual

shipment volume. Exports under such

additional licenses will be counted against

the Export Limit for the Export Limit Period

containing the Date of License of the original

shipment. Prior to issuing additional licenses

for the amounts below the actual shipment

volumes, MOT shall notify DOC of the Export

License(s) numbers, the Date of License, and

the volumes recorded of the original

shipments, and provide DOC with no less

than 30 days to confirm the additional

licensed volume. The United States will

prohibit the entry of any Ammonium Nitrate

from Russia not accompanied by an original

stamped Export License, except as provided

in Article IV.A.1

C. MOT will ensure compliance with all of

the provisions of this Agreement. In order to

ensure such compliance, MOT will take at

least the following measures:

1. Ensure that no Ammonium Nitrate

subject to this Agreement is exported from

Russia for entry into the United States during

any Export Limit Period that exceeds the

export limit for that Export Limit Period or

that is priced below the Reference Price in

effect on the Date of Contract.

2. Establish an export limit licensing and

enforcement program for all direct and

indirect exports of Ammonium Nitrate to the

United States no later than August 1, 2000.

3. Require that applications for Export

Licenses be accompanied by a report

containing all of the information listed in

part A of Appendix I (Exports to the United

States).

4. Refuse to issue an Export License to any

applicant that does not permit full

verification and reporting under this

Agreement of all of the information in the

application.

5. Issue Export Licenses sequentially,

endorsed against the export limit for the

relevant Export Limit Period, and reference

any notice of export limit allocation results

for the relevant Export Limit Period. Export

Licenses shall be issued no later than 25 days

after the Date of Contract. Export Licenses

shall remain valid for entry into the United

States for 35 days after the date of issuance

(Date of License). DOC and MOT may agree

to an extension of the validity of the Export

License in extraordinary circumstances.

6. Issue Export Licenses in the English

language and, at the discretion of MOT, also

in the Russian language.

7. Collect all existing information from all

Russian producers, exporters, brokers, if

applicable, traders of Ammonium Nitrate,

and their relevant affiliated parties, as well

as relevant trading companies/resellers

utilized by Russian producers, on the sale of

Ammonium Nitrate, and report such

information pursuant to Article VI of this

Agreement.

8. Permit full verification of all information

related to the administration of this

Agreement on an annual basis or more

frequently, as DOC deems necessary, to

ensure that MOT is in full compliance with

this Agreement and that all Russian

producers and exporters are in compliance

with the requirements that MOT has placed

upon them under this Agreement. This

requirement applies to both Russian State

documents and non-State documents, such as

sales contracts. In the course of verification,

DOC will examine documents that record the

description of the products exported to the

United States, including specifications (form,

coatings, additives, and density). Such

verifications will take place in association

with scheduled consultations whenever

possible.

9. Ensure compliance with all procedures

established in order to effectuate this

Agreement by any official Russian

institution, chamber, or other authorized

Russian entity, and any Russian producer,

exporter, broker, and trader of Ammonium

Nitrate, their relevant affiliated parties, and

any relevant trading company or reseller

utilized by a Russian producer to make sales

to the United States.

10. Impose strict measures, such as

prohibition from participation in the export

limits allowed by the Agreement, in the event

that any Russian entity does not comply in

37762 Federal Register / Vol. 65, No. 117 / Friday, June 16, 2000 / Notices

full with the requirements established by

MOT pursuant to this Agreement.

V. Anticircumvention

A. MOT will take all necessary measures

to prevent circumvention of this Agreement,

including at least the following:

1. Require that all Russian exporters of

Ammonium Nitrate agree, as a condition of

being permitted to export any Ammonium

Nitrate, regardless of destination, not to

engage in any of the following activities:

a. Exporting to the United States

Ammonium Nitrate subject to this Agreement

that is not accompanied by an Export License

issued pursuant to this Agreement.

b. Transshipping Ammonium Nitrate that

is subject to this Agreement to the United

States through third countries

unaccompanied by an Export License.

c. Exchanging (‘‘swapping’’) Ammonium

Nitrate subject to this Agreement for nonsubject Ammonium Nitrate, so as to cause the

non-subject merchandise to be entered into

the United States in place of the subject

Ammonium Nitrate, thereby evading the

export limits under this Agreement. ‘‘Swaps’’

include, but are not limited to:

i. Ownership swaps—involve the exchange

of ownership of Ammonium Nitrate without

physical transfer. These may include

exchange of ownership of Ammonium

Nitrate in different countries, so that the

parties obtain ownership of products located

in different countries, or exchange of

ownership of Ammonium Nitrate produced

in different countries, so that the parties

obtain ownership of products of different

national origin.

ii. Flag swaps—involve the exchange of

indicia of national origin of Ammonium

Nitrate, without any exchange of ownership.

iii. Displacement Swaps—involve the sale

or delivery of Ammonium Nitrate from

Russia to an intermediary country (or

countries) which, regardless of the sequence

of events, results in the ultimate sale or

delivery into the United States of displaced

Ammonium Nitrate, where the Russian

exporter knew or had reason to know that the

export sale would have that result.

2. Require that all Russian exporters of

Ammonium Nitrate agree, as a condition of

being permitted to export any Ammonium

Nitrate, regardless of destination, to require

all of their customers to agree, as part of the

contract for sale:

a. Not to engage in any of the activities

listed in Article V.A.1 of this Agreement.

This requirement does not apply to exports

to the United States that are accompanied by

a valid Export License.

b. To include that same requirement in any

subsequent contracts for the sale or transfer

of such Ammonium Nitrate, and to report to

MOT subsequent arrangements entered into

for the sale, transfer exchange, or loan to the

United States of Ammonium Nitrate covered

by this Agreement.

3. When MOT has received an allegation

that circumvention has occurred, including

an allegation from DOC, MOT shall promptly

initiate an inquiry, normally complete the

inquiry within 45 days and notify DOC of the

results of the inquiry within 15 days after the

conclusion of the inquiry.

4. If MOT determines that a Russian entity

has participated in a transaction

circumventing this Agreement, MOT shall

impose penalties upon such company

including, but not limited to, denial of access

to export certificates for Ammonium Nitrate

under this Agreement.

5. If MOT determines that a Russian entity

has participated in the circumvention of this

Agreement, MOT shall count against the

export limit for the Export Limit Period in

which the circumvention took place an

amount of Ammonium Nitrate equivalent to

the amount involved in such circumvention

and shall immediately notify DOC of the

amount deducted. If sufficient tonnage is not

available in the current Export Limit Period,

then the remaining amount shall be deducted

from the subsequent Export Limit Period or

Periods.

6. If MOT determines that a company from

a third country has circumvented the

Agreement and DOC and MOT agree that no

Russian entity participated in or had

knowledge of such activities, then the Parties

shall hold consultations for the purpose of

sharing information regarding such

circumvention and reaching mutual

agreement on the appropriate measures to be

taken to eliminate such circumvention. If the

Parties are unable to reach mutual agreement

within 45 days, then DOC may take

appropriate measures, such as deducting the

amount of Ammonium Nitrate involved in

such circumvention from the export limit for

the then-current Export Limit Period or a

subsequent Period. Before taking such

measures, DOC will notify MOT of the facts

and reasons constituting the basis for DOC’s

intended action and will afford MOT 15 days

in which to comment.

B. DOC will direct the U.S. Customs

Service to require all importers of

Ammonium Nitrate into the United States,

regardless of the stated country of origin of

those imports, to submit a written statement,

on the last day of every quarter, indicating

that the importer is maintaining a list of all

entries of such merchandise and certifying

that the Ammonium Nitrate imported during

that quarter was not obtained under any

arrangement in circumvention of this

Agreement. Where DOC has reason to believe

that such a certification has been made

falsely, DOC will refer the matter to the U.S.

Customs Service or U.S. Department of

Justice for further action.

C. DOC will investigate any allegations of

circumvention which are brought to its

attention, both by asking MOT to investigate

such allegations and by itself gathering

relevant information. MOT will respond to

requests from DOC for information relating to

the allegations under Article VI.A.4. In

distinguishing normal arrangements, swaps,

or other exchanges in the Ammonium Nitrate

market from arrangements, swaps, or other

exchanges which would result in the

circumvention of the export limits

established by this Agreement, DOC will take

the following factors into account:

1. Existence of any verbal or written

arrangement leading to circumvention of this

Agreement;

2. Existence and function of any

subsidiaries or affiliates of the parties

involved;

3. Existence and function of any historical

and traditional patterns of production and

trade among the parties involved, and any

deviation from such patterns;

4. Existence of any payments unaccounted

for by previous or subsequent deliveries, or

any payments to one party for Ammonium

Nitrate delivered or swapped by another

party;

5. Sequence and timing of the

arrangements; and

6. Any other information relevant to the

transaction or circumstances.

D. In the event that DOC determines that

a Russian entity has participated in

circumvention of this Agreement, DOC and

MOT shall hold consultations for the purpose

of sharing evidence regarding such

circumvention and reaching mutual

agreement on an appropriate resolution of the

problem. If DOC and MOT are unable to

reach mutual agreement within 60 days, DOC

may take appropriate measures, such as

deducting the amount of Ammonium Nitrate

involved in such circumvention from the

export limit for the current Export Limit

Period (or, if necessary, the Subsequent

Export Limit Period) or instructing the U.S.

Customs Service to deny entry to any Russian

Ammonium Nitrate sold by the entity found

to be circumventing the Agreement. Before

taking such measures, DOC will notify MOT

of the basis for DOC’s intended action and

will afford MOT 30 days in which to

comment. DOC will enter its determinations

regarding circumvention into the record of

the Agreement. MOT may request an

extension of up to15 days for any of the

deadlines mentioned in this Article.

VI. Monitoring and Notifications

A. MOT will collect and provide to DOC

such information as is necessary and

appropriate to monitor the implementation

of, and compliance with, this Agreement,

including the following:

1. Thirty days following the allocation of

export rights for any Export Limit Period,

MOT shall notify DOC of each allocation

recipient and the volume granted to each

recipient. MOT also shall inform DOC of any

changes in the volume allocated to

individual quota recipients within 60 days of

the date on which such changes become

effective.

2. MOT shall collect and provide to DOC

information on exports to the United States

in the format in Appendix I to this

Agreement, and on the aggregate quantity

and value of exports of Ammonium Nitrate

to all other countries. This information will

be subject to verification. This information

will be based on semi-annual periods

(January 1 through June 30 and July 1

through December 31) and will be provided

no later than 90 days following the end of

each half-year period, beginning on

September 30, 2000.

3. If DOC has reason to suspect noncompliance with the Agreement, and after

consultations with MOT, and subject to the

provisions of Article VII.A, MOT shall also

collect and provide to DOC, within 45 days

of the request, transaction-specific data for

sales of Ammonium Nitrate within the

Russian home market or to any third country

Federal Register / Vol. 65, No. 117 / Friday, June 16, 2000 / Notices 37763

or countries, in the format provided in

Appendix I.

4. Within 15 days of a request from DOC

for information concerning alleged

circumvention or other violation of this

Agreement, MOT shall share with DOC all

information received or collected by MOT

regarding its inquiries, its analysis of such

information, and the results of such

inquiries.

5. MOT will inform DOC of any violations

of any provisions of this Agreement that

come to its attention and of the measures

taken with respect thereto.

6. MOT and DOC recognize that the

effective monitoring of this Agreement may

require that MOT provide information

additional to that identified above.

Accordingly, after consulting with MOT,

DOC may establish additional reporting

requirements consistent with the U.S.

antidumping law, as appropriate, during the

course of this Agreement. MOT shall also

collect and provide to DOC, within 45 days

of the request, any such additional

information requested by DOC.

B. MOT may request an extension of up to

30 days of any deadline in this Article.

C. DOC may disregard any information

submitted after the deadlines set forth in this

Article or any information which it is unable

to verify to its satisfaction.

D. DOC shall provide MOT with the

following information relating to

implementation and enforcement of this

Agreement.

1. Semi-annual reports indicating the

volume of U.S. imports of Ammonium

Nitrate subject to this Agreement, together

with such additional information as is

necessary and appropriate to monitor

compliance with the export limits. Such

reports and information shall be provided

within 120 days after the end of the last semiannual period.

2. Notice of any violations of any term of

this Agreement.

E. DOC will also monitor the following

information relevant to this Agreement, and

provide such information that is public to

MOT upon request.

1. Publicly available data as well as U.S.

Customs entry summaries and other official

import data from the U.S. Bureau of the

Census, on a monthly basis, to determine

whether there have been imports that are

inconsistent with the provisions of this

Agreement.

2. U.S. Bureau of the Census computerized

records, which include the quantity and

value of each entry. Because these records do

not provide other specific entry information,

such as the identity of the producer/exporter

which may be responsible for such sales,

DOC may request the U.S. Customs Service

to provide such information. DOC may

request other additional documentation from

the U.S. Customs Service.

F. DOC may also request the U.S. Customs

Service to direct ports of entry to forward an

Antidumping Report of Importations for

entries of Ammonium Nitrate during the

period this Agreement is in effect.

VII. Disclosure and Comment

A. DOC shall make available to

representatives of each Party to the

Proceeding, under appropriately-drawn

administrative protective orders consistent

with U.S. laws and regulations, business

proprietary information submitted to DOC

semi-annually or upon request pursuant to

this Agreement, and in any administrative

review of this Agreement.

B. Not later than 45 days after the date of

disclosure under Article VII.A, the Parties to

the Proceeding may submit written

comments to DOC, not to exceed 30 pages.

C. At the end of each Export Limit Period,

each Party to the Proceeding may request a

hearing on issues raised during the preceding

Export Limit Period. If such a hearing is

requested, it will be conducted in accordance

with U.S. laws and regulations.

VIII. Consultations

A. If, in response to a request by MOT at

any time, DOC determines that the

designated Floor Price and/or the calculated

Reference Price under Article III prevents

Russian producers from participating in the

U.S. market, MOT and DOC will promptly

enter into consultations in order to review

the market situation and the appropriateness

of the Floor Price and/or the Reference Price

levels.

B. MOT and DOC shall hold consultations

concerning the implementation, operation

(including the calculation of Reference

Prices) and enforcement of this Agreement

each year during the anniversary month of

this Agreement.

C. Additional consultations on any aspect

of this Agreement shall be held as soon as

possible, but no later than 30 days, after a

request by either MOT or DOC.

D. If DOC receives information indicating

that there has been a violation of this

Agreement, DOC shall promptly request

special consultations with MOT. Such

consultations shall begin no later than 21

days after the day of DOC’s request, and must

be completed within 40 days after

commencement. After completion of the

consultations, DOC will provide MOT 20

days within which to provide comments.

E. Two years after the effective date of this

Agreement, DOC and MOT shall enter into

additional consultations to review the extent

to which this Agreement is accomplishing

the purposes set forth in the preamble and

make any revisions consistent with U.S. law

that are appropriate in light of their mutual

conclusions.

IX. Violations

A. DOC will investigate any information

relating to circumvention or other violations

of this Agreement which is brought to its

attention, both by asking MOT to investigate

such allegations and by itself gathering

relevant information. Prior to making a

determination that a violation has occurred,

DOC will engage in consultations with MOT,

pursuant to Articles V.D or VIII.D. of this

Agreement.

B. DOC will determine whether a violation

has occurred within 30 days after the date for

submission of comments by MOT upon the

allegation under Article VIII.D.

C. If DOC determines that this Agreement

is being or has been violated, DOC will take

such action as it determines is appropriate

under U.S. law and regulations.

X. Duration

A. This Agreement will remain in force

until the underlying antidumping proceeding

is terminated in accordance with U.S.

antidumping law.

B. DOC will, upon receiving a proper

request made by MOT, conduct an

administrative review of this Agreement

under U.S. laws and regulations.

C. MOT or DOC may terminate this

Agreement at any time upon written notice

to the other party. Termination shall be

effective 60 days after such notice is given.

Upon termination of this Agreement, the

provisions of U.S. antidumping law and

regulations shall apply.

XI. Other Provisions

A. DOC finds that this Agreement is in the

public interest, that effective monitoring of

this Agreement by the United States is

practicable, and that this Agreement will

prevent the suppression or undercutting of

price levels of United States domestic

Ammonium Nitrate products by imports of

the Ammonium Nitrate subject to this

Agreement.

B. DOC does not consider any of the

obligations concerning exports of

Ammonium Nitrate to the United States

undertaken by MOT pursuant to this

Agreement relevant to the question of

whether firms in the underlying investigation

would be entitled to separate rates, should

the investigation be resumed for any reason.

C. The English and Russian language

versions of this Agreement shall be authentic,

with the English version being controlling for

purposes of interpreting and implementing

the terms and conditions of this Agreement.

D. All provisions of this Agreement,

including the provisions of the Preamble,

shall have equal force.

E. For all purposes hereunder, the

signatory Parties shall be represented by, and

all communications and notices shall be

given and addressed to:

DOC: Assistant Secretary for Import

Administration, U.S. Department of

Commerce, International Trade

Administration, Washington, DC 20230.

MOT: Department for State Regulation of

External Economic Activities, Ministry of

Trade of the Russian Federation, 18/1

Ovchinnikovskaya naberezhnaya, Moscow, 1

13324, Russia.

Signed on this 19th day of May, 2000.

For DOC

lllllllllllllllllllll

Robert S. LaRussa, Acting Under Secretary

for International Trade

For MOT

lllllllllllllllllllll

Yuri V. Akhremenko, Trade Representative of

the Russian Federation to the United States,

Minister-Counselor Commercial

Appendix I

In accordance with the established format,

MOT shall collect and provide to DOC all

information necessary to ensure compliance

with this Agreement. This information will

be provided to DOC on a semi-annual basis.

MOT will collect and maintain data on

exports to the United States on a continuous

37764 Federal Register / Vol. 65, No. 117 / Friday, June 16, 2000 / Notices

basis. Sales data for the home market, and

data for exports to countries other than the

United States, will be reported upon request.

MOT will provide a narrative explanation

to substantiate all data collected in

accordance with the following formats:

A. Exports to the United States

MOT will provide all Export Licenses

issued to Russian entities, which shall

contain the following information with the

exception that information requested in item

#9, date of entry, item #10, importer of

record, item #16, final destination, and item

#17, other, may be omitted if unknown to

MOT and the licensee.

1. Export License/Temporary Document:

Indicate the number(s) relating to each sale

and or entry.

2. Description of Merchandise: Include the

10 digit HTS category, and the specifications

of merchandise.

3. Quantity: Indicate in metric tons.

4. F.O.B. Sales Value: Indicate value and

currency used.

5. Unit Price: Indicate unit price per metric

ton and currency used.

6. Date of Contract: The date all essential

terms of the order (i.e, price and quantity)

become fixed.

7. Sales Order Number(s): Indicate the

number(s) relating to each sale and/or entry.

8. Date of License: Date the Export License/

Temporary Document is Issued.

9. Date of Entry: Date the merchandise

entered the United States or the date book

transfer took place.

10. Importer of Record: Name and address.

11. Trading Company: Name and address

of trading company involved in sale.

12. Customer: Name and address of the

first unaffiliated party purchasing from the

Russian exporter.

13. Customer Relationship: Indicate

whether the customer is affiliated or

unaffiliated to the Russian exporter.

14. Allocation to Exporter: Indicate the

total amount of quota allocated to the

individual exporter during the Relevant

Period.

15. Allocation Remaining: Indicate the

remaining export limit allocation available to

the individual exporter during the export

limit period.

16. Final Destination: The complete name

and address of the U.S. purchaser.

17. Other: The identity of any party(ies) in

the transaction chain between the customer

and the final destination/U.S. purchaser.

B. Exports Other Than to the United States

Pursuant to Article VI.A, MOT will provide

country-specific volume and value

information for exports of Ammonium

Nitrate to third countries, upon request,

regardless of whether MOT licenses exports

of Ammonium Nitrate to such country(ies).

The following information shall be provided

except that information requested in item #6,

date of entry, #7, importer of record, and item

#10, other, may be omitted if unknown to

MOT and the Russian licensee.

1. Export License/Temporary Document:

Indicate the number(s) relating to each sale

and/or entry, if any.

2. Quantity: Indicate in original units of

measure sold and/or entered in metric tons.

3. Date of Contract: The date all essential

terms of the order (i.e., price and quantity)

become fixed.

4. Sales Order Number(s): Indicate the

number(s) relating to each sale and/or entry.

5. Date of License: Date Export License/

Temporary Document is issued, if any.

6. Date of Entry: Date the merchandise

entered the third country or the date a book

transfer took place.

7. Importer of Record: Name and address.

8. Customer: Name and address of the first

unaffiliated party purchasing from the

Russian exporter.

9. Customer Relationship: Indicate whether

the customer is affiliated or unaffiliated.

10. Other: The identity of any party(ies) in

the transaction chain between the customer

and the final destination.

C. Home Market Sales

Pursuant to Article VII.A, the MOT will

provide home market volume and value

information for sales of Ammonium Nitrate,

upon request. The following information

shall be provided with the exception of item

#6, other, if unknown to MOT and the

Russian producer/exporter.

1. Quantity: Indicate in original units of

measure sold and/or entered in metric tons.

2. Date of Contract: The date all essential

terms of order (i.e., price and quantity)

become fixed.

3. Sales Order Number(s): Indicate the

number(s) relating to each sale and/or entry.

4. Customer: Name and address of the first

unaffiliated party purchasing from the

Russian exporter.

5. Customer Relationship: Indicate whether

the customer is affiliated or unaffiliated.

6. Other: The identity of any party(ies) in

the transaction chain between the customer

and the final destination.

Appendix II

Section 734 (1) of the Tariff Act of 1930 as

amended, provides, in part, as follows:

(1) SPECIAL RULE FOR NON-MARKET

ECONOMY COUNTRIES.

(I) In General.—The administering

authority may suspend an investigation

under this subtitle upon acceptance of an

agreement with a non-market economy

country to restrict the volume of imports into

the United States of the merchandise under

investigation only if the administering

authority determines that

(A)—such agreement satisfies the

requirements of subsection (d), and

(B)—will prevent the suppression or

undercutting of price levels of domestic

products by imports of the merchandise

under investigation.

(2) Failure of Agreements—If the

administering authority determines that the

agreement accepted under this subsection no

longer prevents the suppression or

undercutting of domestic prices of

merchandise manufactured in the United

States, the provisions of subsection (I) shall

apply.

Section 771(9) of the Tariff Act of 1930, as

amended, provides in part, as follows:

(9) Interested Party—-The term ‘‘interested

party’’ means—

(A) a foreign manufacturer, producer, or

exporter, or the United States importer, of

subject merchandise under this title or a

trade or business association a majority of the

members of which are producers, exporters,

or importers of such merchandise,

(B) the government of a country in which

such merchandise is produced or

manufactured or from which such

merchandise is exported,

(C) a manufacturer, producer, or

wholesaler in the United States of a domestic

like product,

(D) a certified union or recognized union

or group of workers which is representative

of an industry engaged in the manufacture,

production, or wholesale in the United States

of a domestic like product,

(E) a trade or business association a

majority of whose members manufacture,

produce, or wholesale a domestic like

product in the United States,

(F) an association, a majority of whose

members is composed of interested parties

described in subparagraph (C), (D), or (E)

with respect to a domestic like product.

* * * * *

Appendix III

For purposes of this Agreement,

Ammonium Nitrate is defined as the

following:

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).

The merchandise subject to this

investigation is classified in the Harmonized

Tariff Schedule of the United States

(‘‘HTSUS’’) at subheading 3102.30.00.00.

Although the HTSUS subheadings are

provided for convenience and Customs

purposes, the written description of the

merchandise under investigation is

dispositive.

[FR Doc. 00–15312 Filed 6–15–00; 8:45 am]

BILLING CODE 3510–DS–U

DEPARTMENT OF COMMERCE

National Ocean Service

[I.D. 061200LE]

Submission for OMB Review;

Comment Request

The Department of Commerce has

submitted to the Office of Management

and Budget (OMB) for clearance the

following proposal for collection of

information under the provisions of the

Paperwork Reduction Act (44 U.S.C.

Chapter 35).

Agency: National Oceanic and

Atmospheric Administration (NOAA).

Title: Tortugas Access Permits.

Form Number(s): None.

OMB Approval Number: None.