[Federal Register Volume 72, Number 43 (Tuesday, March 6, 2007)]
[Notices]
[Pages 9930-9931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3896]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-801]


Solid Urea from Russia: Notice of Initiation of Antidumping Duty 
New-Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: March 6, 2007.
SUMMARY: On January 25, 2007, the Department of Commerce received a 
request to conduct a new-shipper review of the antidumping duty order 
on solid urea from Russia. In accordance with section 751(a)(2)(B) of 
the Tariff Act of 1930, as amended, and 19 CFR 351.214(d) (2005), we 
are initiating an antidumping duty new-shipper review.

FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Minoo Hatten at 
(202) 482-0410 and (202) 482-1690, respectively, Office 5, AD/CVD 
Operations, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On May 26, 1987, the Department of Commerce (the Department) 
published its final determination in the investigation of solid urea 
from the Union of Soviet Socialist Republics (Soviet Union), finding 
dumping margins of 68.26 percent for Soyuzpromexport, 53.23 percent for 
Phillip Brothers, and 68.26 as the country-wide rate (52 FR 19557). On 
July 14, 1987, following an affirmative injury determination by the 
International Trade Commission, the Department issued an antidumping 
duty order on solid urea from the Soviet Union. Following the break-up 
of the Soviet Union, the antidumping duty order on solid urea from the 
Soviet Union was transferred to the individual members of the 
Commonwealth of Independent States. See Solid Urea from the Union of 
Soviet Socialist Republics; Transfer of the AD Order on Solid Urea from 
the Union of Soviet Socialist Republics to the Commonwealth of 
Independent States and the Baltic States and Opportunity to Comment, 57 
FR 28828 (June 29, 1992). The rates established in the most recently 
completed administrative review for the Soviet Union (which, because 
there were no shipments of urea during the review period, remained the 
same as those found in the investigation) were applied to each new 
independent state, including Russia. On September 3, 1999, the 
Department published the final results of the first sunset review of 
solid urea from Russia finding likelihood of continued or recurring 
dumping at the rates established in the original investigation. See 
Final Results of Expedited Sunset Reviews: Solid Urea from Armenia, 
Belarus, Estonia, Lithuania, Russia, Ukraine, Tajikistan, Turkmenistan, 
and Uzbekistan, 64 FR 48357 (September 3, 1999). On January 5, 2006, 
the Department published the final results of the second sunset review 
of solid urea from Russia finding likelihood of continued or recurring 
dumping at the rates established in the original investigation. See 
Notice of Continuation of Antidumping Duty Orders: Solid Urea from the 
Russian Federation and Ukraine, 71 FR 581 (January 5, 2006). There have 
been no administrative reviews since the issuance of the antidumping 
duty order.
    On January 25, 2007, the Department received a timely request for a 
new-shipper review of the antidumping duty order on solid urea from 
Russia from MCC EuroChem (EuroChem). On January 31, 2007, EuroChem 
submitted additional certifications to supplement its request for a 
new-shipper review in response to our telephone call of the same. See 
memorandum to file dated January 31, 2007. EuroChem certified that it 
is both the producer and exporter of the subject merchandise upon which 
the request for a new-shipper review is based.
    Pursuant to section 751(a)(2)(B)(i)(I) of the Tariff Act of 1930, 
as amended (the Act), and 19 CFR 351.214(b)(2)(i), EuroChem certified 
that it did not export solid urea to the United States during the 
period of investigation (POI). In addition, pursuant to section 
751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), 
EuroChem certified that, since the initiation of the investigation, it 
has never been affiliated with any Russian exporter or producer who 
exported solid urea to the United States during the POI, including 
those not individually examined during the investigation.
    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), EuroChem submitted documentation establishing 
the date on which EuroChem first shipped solid urea for export to the 
United States and the date on which the solid urea was first entered, 
or withdrawn from warehouse, for consumption, the volume of its first 
shipment, and the date of its first sale to an unaffiliated customer in 
the United States.
    The Department conducted a query of the U.S. Customs and Border 
Protection (CBP) database to confirm that EuroChem's shipment of 
subject merchandise had entered the United States for consumption and 
had been suspended for antidumping duties. The Department also 
corroborated EuroChem's assertion that it made no subsequent shipments 
to the United States by reviewing CBP data.
    On February 16, 2007, the Ad Hoc Committee of Domestic Nitrogen 
Producers (the petitioner) submitted a letter arguing that the 
respondent was not eligible for a new-shipper review because the 
producer of the subject merchandise to be reviewed, OJSC Nevinnomysskiy 
Azot (Nevinka), was affiliated with the exporter and producers during 
the POI. The petitioner also argued that the request was incomplete 
because EuroChem did not also file a certification from Nevinka 
certifying that it never shipped subject merchandise to the United 
States during the POI.

Initiation of Review

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 
351.214(d)(1), the Department finds that EuroChem's request meets the 
threshold requirements for initiation of a new-

[[Page 9931]]

shipper review for the shipment of solid urea from Russia it produced 
and exported. See Memorandum to the File from Thomas Schauer, Senior 
Analyst, through Laurie Parkhill, Director, Office 5: New-Shipper 
Review Initiation Checklist, dated February 26, 2007. Also, please 
refer to this memorandum for our response to the arguments the 
petitioner raised in its February 16, 2007, letter. As we stated in 
that memorandum, we intend to examine these arguments in greater detail 
during the course of the review and, if we determine that the producer 
of the subject merchandise subject to the review was indeed an 
affiliate of the exporter or producers in the original investigation, 
we may rescind the new-shipper review as provided in section 
751(a)(2)(B) of the Act and 19 CFR 351.214.
    The period of review for this new-shipper review is July 1, 2006, 
through December 31, 2006. See 19 CFR 351.214(g)(1)(ii)(A). The 
Department intends to issue the preliminary results of this review no 
later than 180 days from the date of initiation and final results of 
this review no later than 270 days from the date of initiation. See 
section 751(a)(2)(B)(iv) of the Act.
    On August 17, 2006, the Pension Protection Act of 2006 (H.R. 4) was 
signed into law. Section 1632 of H.R. 4 temporarily suspends the 
authority of the Department to instruct U.S. Customs and Border 
Protection to collect a bond or other security in lieu of a cash 
deposit in new-shipper reviews. Therefore, the posting of a bond under 
section 751(a)(2)(B)(iii) of the Act in lieu of a cash deposit is not 
available in this case. Importers of subject merchandise manufactured 
and exported by EuroChem must continue to pay a cash deposit of 
estimated antidumping duties on each entry of subject merchandise at 
the current all-others rate of 68.26 percent.
    Interested parties requiring access to proprietary information in 
this new-shipper review should submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305 and 
351.306.
    This initiation and notice are published in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: February 27, 2007.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E7-3896 Filed 3-5-07; 8:45 am]
BILLING CODE 3510-DS-S