40008 Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Notices 

40See section 782(b) of the Act. 41See Certification of Factual Information to 

Import Administration During Antidumping and 

Countervailing Duty Proceedings, 78 FR 42678 (July 

17, 2013) (Final Rule); see also frequently asked 

questions regarding the Final Rule, available at 

https://enforcement.trade.gov/tlei/notices/factual_

info_final_rule_FAQ_07172013.pdf. 

1See Petitioner’s Letter, ‘‘Petitions for the 

Imposition of Antidumping and Countervailing 

Duties: Urea Ammonium Nitrate Solutions from the 

Russian Federation and the Republic of Trinidad 

and Tobago,’’ dated June 30, 2021 (the Petitions). 

2 Id. 

3See Commerce’s Letters, ‘‘Petition for the 

Imposition of Antidumping Duties on Imports of 

Urea Ammonium Nitrate Solutions from Trinidad 

and Tobago: Supplemental Questions,’’ dated July 

2, 2021; ‘‘Petitions for the Imposition of 

Antidumping and Countervailing Duties on Imports 

of Urea Ammonium Nitrate Solutions from Russia 

and Trinidad and Tobago: Supplemental 

Questions,’’ dated July 6, 2021 (General Issues 

Supplement Questions); and ‘‘Petition for the 

Imposition of Antidumping Duties on Imports of 

Urea Ammonium Nitrate Solutions from the 

Russian Federation: Supplemental Questions,’’ 

dated July 6, 2021. 

4See Petitioner’s Letters, ‘‘Petitions for the 

Imposition of Antidumping and Countervailing 

Duties on Imports of Urea Ammonium Nitrate 

Solutions from Russia and Trinidad and Tobago: 

Petitioner’s Response to the Department’s General 

Issues Questionnaire,’’ dated July 8, 2021 (General 

Issues Supplement); ‘‘Petition for the Imposition of 

Antidumping Duties on Imports of Urea 

Ammonium Nitrate Solutions from Trinidad and 

Tobago: Petitioner’s Response to the Department’s 

Supplemental Questions,’’ dated July 7, 2021; and 

‘‘Petition for the Imposition of Antidumping Duties 

on Imports of Urea Ammonium Nitrate Solutions 

from the Russian Federation: Petitioner’s Response 

to the Department’s Supplemental Questions,’’ 

dated July 8, 2021 (Russia AD Supplement). 

5See infra, section on ‘‘Determination of Industry 

Support for the Petitions.’’ 

6See Petitions at Volume II at II–6 through II–28 

and Exhibits II–22 through II–72. 

available at https://www.gpo.gov/fdsys/ 

pkg/FR-2013-09-20/html/2013- 

22853.htm, prior to submitting 

extension requests or factual 

information in these investigations. 

Certification Requirements 

Any party submitting factual 

information in an AD or CVD 

proceeding must certify to the accuracy 

and completeness of that information.40

Parties must use the certification 

formats provided in 19 CFR 

351.303(g).41 Commerce intends to 

reject factual submissions if the 

submitting party does not comply with 

the applicable certification 

requirements. 

Notification to Interested Parties 

Interested parties must submit 

applications for disclosure under APO 

in accordance with 19 CFR 351.305. 

Instructions for filing such applications 

may be found on the Commerce website 

at https://enforcement.trade.gov/apo. 

Parties wishing to participate in these 

investigations should ensure that they 

meet the requirements of 19 CFR 

351.103(d) (e.g., by filing a letter of 

appearance). 

This notice is issued and published 

pursuant to sections 702 and 777(i) of 

the Act, and 19 CFR 351.203(c). 

Dated: July 20, 2021. 

Ryan Majerus, 

Deputy Assistant Secretary for Policy and 

Negotiations. 

Appendix—Scope of the Investigations 

The merchandise covered by these 

investigations is all mixtures of urea and 

ammonium nitrate in aqueous or ammonia 

solution, regardless of nitrogen concentration 

by weight, and regardless of the presence of 

additives, such as corrosion inhibiters and 

soluble micro or macronutrients (UAN). 

Subject merchandise includes merchandise 

matching the above description that has been 

processed in a third country, including by 

commingling, diluting, adding or removing 

additives, or performing any other processing 

that would not otherwise remove the 

merchandise from the scope of the 

investigations if performed in the subject 

country. 

The scope also includes UAN that is 

commingled with UAN from sources not 

subject to these investigations. Only the 

subject component of such commingled 

products is covered by the scope of these 

investigations. 

The covered merchandise is currently 

classified in the Harmonized Tariff Schedule 

of the United States (HTSUS) at subheading 

3102.80.0000. Although the HTSUS 

subheading is provided for convenience and 

customs purposes, the written description of 

the scope is dispositive. 

[FR Doc. 2021–15890 Filed 7–23–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–821–831, A–274–808] 

Urea Ammonium Nitrate Solutions 

From the Russian Federation and the 

Republic of Trinidad and Tobago: 

Initiation of Less-Than-Fair-Value 

Investigations 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable July 20, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Laura Griffith at (202) 482–6430 (the 

Russian Federation (Russia)) or Lilit 

Astvatsatrian at (202) 482–6412 or 

Dakota Potts at (202) 482–0223 (the 

Republic of Trinidad and Tobago 

(Trinidad and Tobago)); AD/CVD 

Operations, Offices III and IV, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230. 

SUPPLEMENTARY INFORMATION: 

The Petitions 

On June 30, 2021, the Department of 

Commerce (Commerce) received 

antidumping duty (AD) petitions (the 

Petitions) concerning imports of Urea 

Ammonium Nitrate Solutions (UAN) 

from Russia and Trinidad and Tobago, 

filed in proper form on behalf of CF 

Industries Nitrogen, LLC and its 

subsidiaries, Terra Nitrogen, Limited 

Partnership and Terra International 

(Oklahoma) LLC (collectively, the 

petitioner), domestic producers of 

UAN.1 The Petitions were accompanied 

by countervailing duty (CVD) petitions 

concerning imports of UAN from Russia 

and Trinidad and Tobago.2

On July 2 and 6, 2021, Commerce 

requested supplemental information 

pertaining to certain aspects of the 

Petitions.3 The petitioner filed 

responses to these requests on July 7 

and 8, 2021.4

In accordance with section 732(b) of 

the Tariff Act of 1930, as amended (the 

Act), the petitioner alleges that imports 

of UAN from Russia and Trinidad and 

Tobago are being, or are likely to be, 

sold in the United States at less than fair 

value (LTFV) within the meaning of 

section 731 of the Act, and that imports 

of such products are materially injuring, 

or threatening material injury to, the 

UAN industry in the United States. 

Consistent with section 732(b)(1) of the 

Act, the Petitions are accompanied by 

information reasonably available to the 

petitioner supporting its allegations. 

Commerce finds that the petitioner 

filed the Petitions on behalf of the 

domestic industry, because the 

petitioner is an interested party, as 

defined in section 771(9)(C) of the Act. 

Commerce also finds that the petitioner 

demonstrated sufficient industry 

support for the initiation of the 

requested AD investigations.5

Periods of Investigation 

Because the Petitions were filed on 

June 30, 2021, the period of 

investigation (POI) for the Russia and 

Trinidad and Tobago AD investigations 

is April 1, 2020, through March 31, 

2021, pursuant to 19 CFR 351.204(b)(1). 

The petitioner argued that Commerce 

should determine in this investigation 

that Russia is a nonmarket economy 

(NME) within the meaning of section 

771(18)(A) of the Act and should 

calculate normal value (NV) for Russia 

in accordance with its NME 

methodology.6 Under that allegation, 


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7See General Issues Supplement Questions at 3. 

8See General Issues Supplement at I–1 and I–2. 

9See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997) 

(Preamble). 

10See 19 CFR 351.102(b)(21) (defining ‘‘factual 

information’’). 

11See Antidumping and Countervailing Duty 

Proceedings: Electronic Filing Procedures; 

Administrative Protective Order Procedures, 76 FR 

39263 (July 6, 2011); see also Enforcement and 

Compliance; Change of Electronic Filing System 

Name, 79 FR 69046 (November 20, 2014) for details 

of Commerce’s electronic filing requirements, 

effective August 5, 2011. Information on help using 

ACCESS can be found at https://access.trade.gov/ 

help.aspx and a handbook can be found at https:// 

access.trade.gov/help/Handbook_on_Electronic_

Filing_Procedures.pdf. 

12See Temporary Rule Modifying AD/CVD 

Service Requirements Due to COVID–19; Extension 

of Effective Period, 85 FR 41363 (July 10, 2020). 13See section 771(10) of the Act. 

the appropriate POI is October 1, 2020, 

through March 31, 2021. 

Scope of the Investigations 

The product covered by these 

investigations is UAN from Russia and 

Trinidad and Tobago. For a full 

description of the scope of these 

investigations, see the appendix to this 

notice. 

Comments on the Scope of the 

Investigations 

On July 6, 2021, Commerce requested 

further information and clarification 

from the petitioner regarding the 

proposed scope to ensure that the scope 

language in the Petitions is an accurate 

reflection of the products for which the 

domestic industry is seeking relief.7 On 

July 8, 2021, the petitioner revised the 

scope.8 The description of merchandise 

covered by these investigations, as 

described in the appendix to this notice, 

reflects these clarifications. 

As discussed in the Preamble to 

Commerce’s regulations, we are setting 

aside a period of time for interested 

parties to raise issues regarding product 

coverage (i.e., scope).9 Commerce will 

consider all comments received from 

interested parties and, if necessary, will 

consult with interested parties prior to 

the issuance of the preliminary 

determinations. If scope comments 

include factual information,10 all such 

factual information should be limited to 

public information. To facilitate 

preparation of its questionnaires, 

Commerce requests that all interested 

parties submit such comments by 5:00 

p.m. Eastern Time (ET) on August 9, 

2021, which is 20 calendar days from 

the signature date of this notice. Any 

rebuttal comments, which may include 

factual information, must be filed by 

5:00 p.m. ET on August 19, 2021, which 

is 10 calendar days from the initial 

comment deadline. 

Commerce requests that any factual 

information that parties consider 

relevant to the scope of the 

investigations be submitted during this 

period. However, if a party subsequently 

finds that additional factual information 

pertaining to the scope of the 

investigations may be relevant, the party 

may contact Commerce and request 

permission to submit the additional 

information. All such submissions must 

be filed on the records of the concurrent 

AD and CVD investigations. 

Filing Requirements 

All submissions to Commerce must be 

filed electronically using Enforcement 

and Compliance’s Antidumping Duty 

and Countervailing Duty Centralized 

Electronic Service System (ACCESS).11

An electronically filed document must 

be received successfully in its entirety 

by the time and date it is due. Note that 

Commerce has temporarily modified 

certain of its requirements for serving 

documents containing business 

proprietary information, until further 

notice.12

Comments on Product Characteristics 

Commerce is providing interested 

parties an opportunity to comment on 

the appropriate physical characteristics 

of UAN to be reported in response to 

Commerce’s AD questionnaires. This 

information will be used to identify the 

key physical characteristics of the 

subject merchandise in order to report 

the relevant costs of production 

accurately, as well as to develop 

appropriate product-comparison 

criteria. 

Interested parties may provide any 

information or comments that they feel 

are relevant to the development of an 

accurate list of physical characteristics. 

Specifically, they may provide 

comments as to which characteristics 

are appropriate to use as: (1) General 

product characteristics; and (2) product 

comparison criteria. We note that it is 

not always appropriate to use all 

product characteristics as product 

comparison criteria. We base product 

comparison criteria on meaningful 

commercial differences among products. 

In other words, although there may be 

some physical product characteristics 

utilized by manufacturers to describe 

UAN, it may be that only a select few 

product characteristics take into account 

commercially meaningful physical 

characteristics. In addition, interested 

parties may comment on the order in 

which the physical characteristics 

should be used in matching products. 

Generally, Commerce attempts to list 

the most important physical 

characteristics first and the least 

important characteristics last. 

In order to consider the suggestions of 

interested parties in developing and 

issuing the AD questionnaires, all 

product characteristics comments must 

be filed by 5:00 p.m. ET on August 9, 

2021, which is 20 calendar days from 

the signature date of this notice. Any 

rebuttal comments must be filed by 5:00 

p.m. ET on August 19, 2021. All 

comments and submissions to 

Commerce must be filed electronically 

using ACCESS, as explained above, on 

the record of each of the AD 

investigations. 

Determination of Industry Support for 

the Petitions 

Section 732(b)(1) of the Act requires 

that a petition be filed on behalf of the 

domestic industry. Section 732(c)(4)(A) 

of the Act provides that a petition meets 

this requirement if the domestic 

producers or workers who support the 

petition account for: (i) At least 25 

percent of the total production of the 

domestic like product; and (ii) more 

than 50 percent of the production of the 

domestic like product produced by that 

portion of the industry expressing 

support for, or opposition to, the 

petition. Moreover, section 732(c)(4)(D) 

of the Act provides that, if the petition 

does not establish support of domestic 

producers or workers accounting for 

more than 50 percent of the total 

production of the domestic like product, 

Commerce shall: (i) Poll the industry or 

rely on other information in order to 

determine if there is support for the 

petition, as required by subparagraph 

(A); or (ii) determine industry support 

using a statistically valid sampling 

method to poll the ‘‘industry.’’ 

Section 771(4)(A) of the Act defines 

the ‘‘industry’’ as the producers as a 

whole of a domestic like product. Thus, 

to determine whether a petition has the 

requisite industry support, the statute 

directs Commerce to look to producers 

and workers who produce the domestic 

like product. The International Trade 

Commission (ITC), which is responsible 

for determining whether ‘‘the domestic 

industry’’ has been injured, must also 

determine what constitutes a domestic 

like product in order to define the 

industry. While both Commerce and the 

ITC must apply the same statutory 

definition regarding the domestic like 

product,13 they do so for different 

purposes and pursuant to a separate and 

distinct authority. In addition, 

Commerce’s determination is subject to 

limitations of time and information. 

Although this may result in different 


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14See USEC, Inc. v. United States, 132 F. Supp. 

2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. 

v. United States, 688 F. Supp. 639, 644 (CIT 1988), 

aff’d 865 F.2d 240 (Fed. Cir. 1989)). 

15See Petitions at Volume I at I–15 through I–19 

and Exhibits I–3, I–8, I–12, I–14, I–18, and I–25— 

I–27. 

16For a discussion of the domestic like product 

analysis as applied to these cases and information 

regarding industry support, see Checklists, 

‘‘Antidumping Duty Investigation Initiation 

Checklists: Urea Ammonium Nitrate Solutions from 

the Russian Federation and the Republic of 

Trinidad and Tobago,’’ (Country-Specific AD 

Initiation Checklists) at Attachment II, Analysis of 

Industry Support for the Antidumping and 

Countervailing Duty Petitions Covering Urea 

Ammonium Nitrate Solutions from the Russian 

Federation and the Republic of Trinidad and 

Tobago (Attachment II). These checklists are dated 

concurrently with this notice and on file 

electronically via ACCESS. 

17See Petitions at Volume I at I–4 through I–5 and 

Exhibit I–6. 

18See Petitions at Volume I at I–4 and Exhibits 

I–5 and I–6. 

19See Petitions at Volume I at I–4 and Exhibit 

I–6; see also General Issues Supplement at I–3 

through I–4 and Exhibits I–49, I–51, I–52. 20See Petitions at Volume I at I–4 through I–5 and 

Exhibits I–6 and I–7; see also General Issues 

Supplement at I–3 through I–4 and Exhibits I–51, 

and I–52. 21See Petitions at Volume I at I–4 through I–5 and 

Exhibits I–1, I–2, and I–5 through I–7; see also 

General Issues Supplement at I–3 through I–4 and 

Exhibits I–49 through I–52. 22 Id. For further discussion, see Attachment II of 

the Country-Specific AD Initiation Checklists. 

23 Id.; see also section 732(c)(4)(D) of the Act. 

24See Attachment II of the Country-Specific AD 

Initiation Checklists. 

25 Id. 

26 Id. 

27See Petitions at Volume I at I–24 through I–25 

and Exhibit I–32. 

28See Petitions at Volume I at I–20 through I–40 

and Exhibits I–2, I–3, I–10, I–12, I–24, I–26, and 

I–28 through I–48. 

29See Country-Specific AD Initiation Checklists 

at Attachment III, Analysis of Allegations and 

Evidence of Material Injury and Causation for the 

Antidumping and Countervailing Duty Petitions 

Covering Urea Ammonium Nitrate Solutions from 

the Russian Federation and the Republic of 

Trinidad and Tobago (Attachment III). 

30 Id. 

definitions of the like product, such 

differences do not render the decision of 

either agency contrary to law.14

Section 771(10) of the Act defines the 

domestic like product as ‘‘a product 

which is like, or in the absence of like, 

most similar in characteristics and uses 

with, the article subject to an 

investigation under this title.’’ Thus, the 

reference point from which the 

domestic like product analysis begins is 

‘‘the article subject to an investigation’’ 

(i.e., the class or kind of merchandise to 

be investigated, which normally will be 

the scope as defined in the petition). 

With regard to the domestic like 

product, the petitioner does not offer a 

definition of the domestic like product 

distinct from the scope of the 

investigations.15 Based on our analysis 

of the information submitted on the 

record, we have determined that UAN, 

as defined in the scope, constitutes a 

single domestic like product, and we 

have analyzed industry support in terms 

of that domestic like product.16

In determining whether the petitioner 

has standing under section 732(c)(4)(A) 

of the Act, we considered the industry 

support data contained in the Petitions 

with reference to the domestic like 

product as defined in the ‘‘Scope of the 

Investigations,’’ in the appendix to this 

notice. To establish industry support, 

the petitioner provided its own 2020 

production of the domestic like 

product.17 Additionally, the petitioner 

provided letters of support from other 

producers of UAN, stating their support 

for the Petitions and providing their 

own production of the domestic like 

product in 2020.18 The petitioner also 

provided the 2020 production of the 

entire U.S. industry using published 

monthly 2020 U.S. UAN production 

data.19 The petitioner added its 2020 

UAN production to that of the domestic 

producers expressing support for the 

petitions, and compared the total to the 

2020 U.S. UAN production data.20 We 

relied on the data provided by the 

petitioner for purposes of measuring 

industry support.21

Our review of the data provided in the 

Petitions, the General Issues 

Supplement, and other information 

readily available to Commerce indicates 

that the petitioner has established 

industry support for the Petitions.22

First, the Petitions established support 

from domestic producers (or workers) 

accounting for more than 50 percent of 

the total production of the domestic like 

product and, as such, Commerce is not 

required to take further action in order 

to evaluate industry support (e.g., 

polling).23 Second, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 732(c)(4)(A)(i) of the Act 

because the domestic producers (or 

workers) who support the Petitions 

account for at least 25 percent of the 

total production of the domestic like 

product.24 Finally, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 732(c)(4)(A)(ii) of the Act 

because the domestic producers (or 

workers) who support the Petitions 

account for more than 50 percent of the 

production of the domestic like product 

produced by that portion of the industry 

expressing support for, or opposition to, 

the Petitions.25 Accordingly, Commerce 

determines that the Petitions were filed 

on behalf of the domestic industry 

within the meaning of section 732(b)(1) 

of the Act.26

Allegations and Evidence of Material 

Injury and Causation 

The petitioner alleges that the U.S. 

industry producing the domestic like 

product is being materially injured, or is 

threatened with material injury, by 

reason of the imports of the subject 

merchandise sold at LTFV. In addition, 

the petitioner alleges that subject 

imports exceed the negligibility 

threshold provided for under section 

771(24)(A) of the Act.27

The petitioner contends that the 

industry’s injured condition is 

illustrated by a significant and 

increasing volume of subject imports; 

impacts on market share; underselling 

and price suppression; lost sales and 

revenues; flatlined production, capacity 

utilization, and employment variables; 

and declining financial performance.28

We assessed the allegations and 

supporting evidence regarding material 

injury, threat of material injury, 

causation, as well as negligibility, and 

we have determined that these 

allegations are properly supported by 

adequate evidence, and meet the 

statutory requirements for initiation.29

In accordance with section 

771(7)(G)(ii)(III) of the Act, which 

provides an exception to the mandatory 

cumulation provision for imports from 

any country designated as a beneficiary 

country under the Caribbean Basin 

Economic Recovery Act (CBERA), we 

considered the petitioner’s allegation of 

injury with respect to Trinidad and 

Tobago, a designated beneficiary under 

CBERA, independently of the allegation 

for Russia and found that the 

information provided satisfies the 

requirements for initiation.30

Allegations of Sales at LTFV 

The following is a description of the 

allegations of sales at LTFV upon which 

Commerce based its decision to initiate 

AD investigations of imports of UAN 

from Russia and Trinidad and Tobago. 

The sources of data for the deductions 

and adjustments relating to U.S. price 

and NV are discussed in greater detail 

in the Country-Specific AD Initiation 

Checklists. 

U.S. Price 

For Russia and Trinidad and Tobago, 

the petitioner based export price (EP) on 

transaction-specific average unit values 

(AUVs) derived from official import 

statistics for imports under HTSUS 

subheading 3102.80.0000 obtained from 

the ITC’s Dataweb and tied to ship 


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31See Country-Specific AD Initiation Checklists. 

32 Id. 

33 In accordance with section 773(b)(2) of the Act, 

for the Russia and Trinidad and Tobago 

investigations, Commerce will request information 

necessary to calculate the constructed value (CV) 

and cost of production (COP) to determine whether 

there are reasonable grounds to believe or suspect 

that sales of the foreign like product have been 

made at prices that represent less than the COP of 

the product. 

34See Trinidad and Tobago AD Initiation 

Checklist. 

35See Russia AD Initiation Checklist. 

36 Id. 

37 Id. 

38See Petitions at Volume II at II–29 and Exhibits 

II–73 through II–75. 

39See Petitions at Volume II at II–30 through II– 

31 and Exhibits II–77 through II–81; see also Russia 

AD Supplement at II–3 through II–4 and Exhibits 

II–88, II–90, and II–91. 

40See Petitions at Volume II at II–29 and II–30 

and Exhibit II–76; see also Russia AD Supplement 

at II–2 and II–3 and Exhibit II–86. 

41See Petitions at Volume II at II–29 and II–30 

and Exhibits II–77 through II–81; see also Russia 

AD Supplement at II–3 and II–4 and Exhibits II–88 

and II–91. 

42See Country-Specific AD Initiation Checklist 

for details of these margin calculations. 

43See Country-Specific AD Initiation Checklist 

for details of these margin calculations. 

44See Petitions at Volume I at I–14 and Exhibit 

I–4; see also Petitions at Volume IV at Exhibit 

IV–7. 

manifest data.31 The petitioner made 

certain adjustments to U.S. price to 

calculate a net ex-factory U.S. price.32

Normal Value 33

For Trinidad and Tobago, the 

petitioner stated that home market 

prices were not available and, as such, 

based NV on third country prices using 

Canadian import AUVs for the POI.34

For Russia, the petition included NV 

using both the NME and market 

economy (ME) methodologies.35 The 

petitioner based the ME NV on Russian 

UAN prices derived from an 

information subscription service that 

tracks energy and commodity prices.36

The petition based the NME NV on 

factors of production (FOPs) valued in 

a surrogate market economy country in 

accordance with section 773(c) of the 

Act.37 The petitioner claims that Poland 

is an appropriate surrogate country for 

Russia because Poland is a market 

economy country that is at a level of 

economic development comparable to 

that of Russia and is a significant 

producer of identical merchandise.38

The petitioner provided publicly 

available information from Poland to 

value all FOPs.39 Based on the 

petitioner’s allegation and information 

provided in the petition, Poland was 

used for initiation purposes. 

Interested parties will have the 

opportunity to submit comments 

regarding surrogate country selections 

and, pursuant to 19 CFR 

351.301(c)(3)(i), will be provided an 

opportunity to submit publicly available 

information to value FOPs within 30 

days before the scheduled date of the 

preliminary determination. 

Factors of Production 

Because information regarding the 

volume of inputs consumed by Russian 

producers/exporters was not reasonably 

available, the petitioner used its own 

product-specific consumption rates as a 

surrogate to value Russian 

manufacturers’ FOPs.40 Additionally, 

the petitioner calculated factory 

overhead; selling, general and 

administrative expenses; and profit 

based on the experience of a Polish 

producer of comparable merchandise.41

Fair Value Comparisons 

Based on the data provided by the 

petitioner, there is reason to believe that 

imports of UAN from Russia and 

Trinidad and Tobago are being, or are 

likely to be, sold in the United States at 

LTFV. Based on comparisons of EP to 

NV in accordance with sections 772 and 

773 of the Act, the estimated dumping 

margin for UAN from Trinidad and 

Tobago is 158.81 percent.42 Under the 

ME methodology, the estimated 

dumping margins for UAN from Russia 

are 169.96 percent and 391.65 percent 

for purposes of initiation. In light of the 

petitioner’s allegation in the petition 

that Russia is an NME, under its NME 

methodology, the estimated dumping 

margins for UAN from Russia are 245.98 

percent and 433.37 percent for purposes 

of initiation.43

Initiation of LTFV Investigations 

Based upon the examination of the 

Petitions and supplemental responses, 

we find that they meet the requirements 

of section 732 of the Act. Therefore, we 

are initiating AD investigations to 

determine whether imports of UAN 

from Russia and Trinidad and Tobago 

are being, or are likely to be, sold in the 

United States at LTFV. In accordance 

with section 733(b)(1)(A) of the Act and 

19 CFR 351.205(b)(1), unless postponed, 

we will make our preliminary 

determinations no later than 140 days 

after the date of this initiation. 

Respondent Selection 

Russia 

In the Petitions, the petitioner 

identified four companies as producers/ 

exporters of UAN in Russia (i.e., 

EuroChem, Acron Group (Acron), PJSC 

Kuibyshev Azot, and SBU Azot). We 

intend to issue quantity and value 

(Q&V) questionnaires to each potential 

respondent in Russia identified in the 

Petitions. In the event Commerce 

determines that the number of 

companies is large and it cannot 

individually examine each company 

based upon Commerce’s resources, 

where appropriate, Commerce intends 

to select mandatory respondents based 

on responses to the Q&V questionnaires. 

Producers/exporters of UAN from 

Russia that do not receive Q&V 

questionnaires by mail may still submit 

a response to the Q&V questionnaire 

and can obtain a copy of the Q&V 

questionnaire from Enforcement and 

Compliance (E&C)’s website at https://

enforcement.trade.gov/questionnaires/ 

questionnaires-ad.html. The Q&V 

response must be submitted by the 

relevant exporters/producers in Russia 

no later than 5:00 p.m. ET on August 3, 

2021, which is two weeks from the 

signature date of this notice. All Q&V 

responses must be filed electronically 

via ACCESS. 

Trinidad and Tobago 

In the Petitions, the petitioner 

identified one company in Trinidad and 

Tobago as producer/exporter of UAN 

(i.e., Methanol Holdings (Trinidad) 

Limited) and provided independent, 

third party information for support.44

We currently know of no additional 

producers or exporters of UAN from 

Trinidad and Tobago. Accordingly, 

Commerce intends to individually 

examine all known producers and 

exporters in the investigation of UAN 

from Trinidad and Tobago ((i.e., 

Methanol Holdings (Trinidad) Limited). 

Parties wishing to comment on 

respondent selection for Trinidad and 

Tobago must do so within three 

business days of the publication of this 

notice in the Federal Register. 

Commerce will not accept rebuttal 

comments regarding respondent 

selection for Trinidad and Tobago. 

Comments on respondent selection 

must be filed electronically using 

ACCESS. An electronically-filed 

document must be received successfully 

in its entirety via ACCESS by 5:00 p.m. 

ET on the specified deadline. 

Interested parties must submit 

applications for disclosure under APO 

in accordance with 19 CFR 351.305(b). 

Instructions for filing such applications 

may be found on Commerce’s website at 

http://enforcement.trade.gov/apo. 

Separate Rates 

Upon applying an NME methodology, 

Commerce will consider assigning 

separate rates to exporters and 

producers. In order to obtain separateVerDate Sep<11>2014 17:10 Jul 23, 2021 Jkt 253001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1

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40012 Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Notices 

45See Policy Bulletin 05.1: ‘‘Separate-Rates 

Practice and Application of Combination Rates in 

Antidumping Investigation involving NME 

Countries,’’ (April 5, 2005), available at http://

enforcement.trade.gov/policy/bull05-1.pdf (Policy 

Bulletin 05.1). 

46Although in past investigations this deadline 

was 60 days, consistent with 19 CFR 351.301(a), 

which states that ‘‘the Secretary may request any 

person to submit factual information at any time 

during a proceeding,’’ this deadline is now 30 days. 

47See Policy Bulletin 05.1 at 6 (emphasis added). 

48See section 733(a) of the Act. 

49 Id. 

50See 19 CFR 351.301(b). 

51See 19 CFR 351.301(b)(2). 

rate status in an NME investigation, 

exporters and producers must submit a 

separate-rate application.45 The specific 

requirements for submitting a separaterate application in an NME investigation 

are outlined in detail in the application 

itself, which will be available on E&C’s 

website at http://enforcement.trade.gov/ 

nme/nme-sep-rate.html. The separaterate application will be due 30 days 

after publication of this initiation 

notice.46 Exporters and/or producers 

who submit a separate-rate application 

and have been selected as mandatory 

respondents will be eligible for 

consideration for separate-rate status 

only if they respond to all parts of 

Commerce’s AD questionnaire as 

mandatory respondents. Commerce 

requires that respondents from Russia 

submit a response to both the Q&V 

questionnaire and the separate-rate 

application by the respective deadlines 

in order to receive consideration for 

separate-rate status. Companies not 

filing a timely Q&V questionnaire 

response will not receive separate rate 

consideration. 

Use of Combination Rates 

Upon applying an NME methodology, 

Commerce will calculate combination 

rates for certain respondents that are 

eligible for a separate rate in an NME 

investigation. The Separate Rates and 

Combination Rates Bulletin states: 

{w}hile continuing the practice of assigning 

separate rates only to exporters, all separate 

rates that {Commerce} will now assign in its 

NME Investigation will be specific to those 

producers that supplied the exporter during 

the period of investigation. Note, however, 

that one rate is calculated for the exporter 

and all of the producers which supplied 

subject merchandise to it during the period 

of investigation. This practice applies both to 

mandatory respondents receiving an 

individually calculated separate rate as well 

as the pool of non-investigated firms 

receiving the weighted-average of the 

individually calculated rates. This practice is 

referred to as the application of ‘‘combination 

rates’’ because such rates apply to specific 

combinations of exporters and one or more 

producers. The cash-deposit rate assigned to 

an exporter will apply only to merchandise 

both exported by the firm in question and 

produced by a firm that supplied the exporter 

during the period of investigation.47

Distribution of Copies of the Petitions 

In accordance with section 

732(b)(3)(A) of the Act and 19 CFR 

351.202(f), copies of the public version 

of the Petitions have been provided to 

the governments of Russia and Trinidad 

and Tobago via ACCESS. To the extent 

practicable, we will attempt to provide 

a copy of the public version of the 

Petitions to each exporter named in the 

Petitions, as provided under 19 CFR 

351.203(c)(2). 

ITC Notification 

Commerce will notify the ITC of its 

initiation, as required by section 732(d) 

of the Act. 

Preliminary Determinations by the ITC 

The ITC will preliminarily determine, 

within 45 days after the date on which 

the Petitions were filed, whether there 

is a reasonable indication that subject 

imports are materially injuring or 

threatening material injury to a U.S. 

industry.48 A negative ITC 

determination for any country will 

result in the investigation being 

terminated with respect to that 

country.49 Otherwise, these AD 

investigations will proceed according to 

statutory and regulatory time limits. 

Submission of Factual Information 

Factual information is defined in 19 

CFR 351.102(b)(21) as: (i) Evidence 

submitted in response to questionnaires; 

(ii) evidence submitted in support of 

allegations; (iii) publicly available 

information to value factors under 19 

CFR 351.408(c) or to measure the 

adequacy of remuneration under 19 CFR 

351.511(a)(2); (iv) evidence placed on 

the record by Commerce; and (v) 

evidence other than factual information 

described in (i)–(iv). Section 351.301(b) 

of Commerce’s regulations requires any 

party, when submitting factual 

information, to specify under which 

subsection of 19 CFR 351.102(b)(21) the 

information is being submitted 50 and, if 

the information is submitted to rebut, 

clarify, or correct factual information 

already on the record, to provide an 

explanation identifying the information 

already on the record that the factual 

information seeks to rebut, clarify, or 

correct.51 Time limits for the 

submission of factual information are 

addressed in 19 CFR 351.301, which 

provides specific time limits based on 

the type of factual information being 

submitted. Interested parties should 

review the regulations prior to 

submitting factual information in these 

investigations. 

Particular Market Situation Allegation 

Section 773(e) of the Act addresses 

the concept of particular market 

situation (PMS) for purposes of CV, 

stating that ‘‘if a particular market 

situation exists such that the cost of 

materials and fabrication or other 

processing of any kind does not 

accurately reflect the cost of production 

in the ordinary course of trade, the 

administering authority may use 

another calculation methodology under 

this subtitle or any other calculation 

methodology.’’ When an interested 

party submits a PMS allegation pursuant 

to section 773(e) of the Act, Commerce 

will respond to such a submission 

consistent with 19 CFR 351.301(c)(2)(v). 

If Commerce finds that a PMS exists 

under section 773(e) of the Act, then it 

will modify its dumping calculations 

appropriately. 

Neither section 773(e) of the Act, nor 

19 CFR 351.301(c)(2)(v), set a deadline 

for the submission of PMS allegations 

and supporting factual information. 

However, in order to administer section 

773(e) of the Act, Commerce must 

receive PMS allegations and supporting 

factual information with enough time to 

consider the submission. Thus, should 

an interested party wish to submit a 

PMS allegation and supporting new 

factual information pursuant to section 

773(e) of the Act, it must do so no later 

than 20 days after submission of a 

respondent’s initial section D 

questionnaire response. 

Extensions of Time Limits 

Parties may request an extension of 

time limits before the expiration of a 

time limit established under 19 CFR 

351.301, or as otherwise specified by 

Commerce. In general, an extension 

request will be considered untimely if it 

is filed after the expiration of the time 

limit established under 19 CFR 351.301. 

For submissions that are due from 

multiple parties simultaneously, an 

extension request will be considered 

untimely if it is filed after 10:00 a.m. ET 

on the due date. Under certain 

circumstances, Commerce may elect to 

specify a different time limit by which 

extension requests will be considered 

untimely for submissions which are due 

from multiple parties simultaneously. In 

such a case, Commerce will inform 

parties in a letter or memorandum of the 

deadline (including a specified time) by 

which extension requests must be filed 

to be considered timely. An extension 

request must be made in a separate, 

stand-alone submission; Commerce will 

grant untimely filed requests for the 


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Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Notices 40013 

52See section 782(b) of the Act. 

53See Certification of Factual Information to 

Import Administration During Antidumping and 

Countervailing Duty Proceedings, 78 FR 42678 (July 

17, 2013) (Final Rule). Answers to frequently asked 

questions regarding the Final Rule are available at 

http://enforcement.trade.gov/tlei/notices/factual_

info_final_rule_FAQ_07172013.pdf. 

extension of time limits only in limited 

cases where we determine, based on 19 

CFR 351.302, that extraordinary 

circumstances exist. Parties should 

review Extension of Time Limits; Final 

Rule, 78 FR 57790 (September 20, 2013), 

available at http://www.gpo.gov/fdsys/ 

pkg/FR-2013-09-20/html/2013- 

22853.htm, prior to submitting factual 

information in these investigations. 

Certification Requirements 

Any party submitting factual 

information in an AD or CVD 

proceeding must certify to the accuracy 

and completeness of that information.52

Parties must use the certification 

formats provided in 19 CFR 

351.303(g).53 Commerce intends to 

reject factual submissions if the 

submitting party does not comply with 

the applicable certification 

requirements. 

Notification to Interested Parties 

Interested parties must submit 

applications for disclosure under APO 

in accordance with 19 CFR 351.305. 

Parties wishing to participate in these 

investigations should ensure that they 

meet the requirements of 19 CFR 

351.103(d) (e.g., by filing the required 

letter of appearance). 

This notice is issued and published 

pursuant to sections 732(c)(2) and 777(i) 

of the Act, and 19 CFR 351.203(c). 

Dated: July 20, 2021. 

Ryan Majerus, 

Deputy Assistant Secretary for Policy and 

Negotiations. 

Appendix—Scope of the Investigations 

The merchandise covered by these 

investigations is all mixtures of urea and 

ammonium nitrate in aqueous or ammonia 

solution, regardless of nitrogen concentration 

by weight, and regardless of the presence of 

additives, such as corrosion inhibiters and 

soluble micro or macronutrients (UAN). 

Subject merchandise includes merchandise 

matching the above description that has been 

processed in a third country, including by 

commingling, diluting, adding or removing 

additives, or performing any other processing 

that would not otherwise remove the 

merchandise from the scope of the 

investigations if performed in the subject 

country. 

The scope also includes UAN that is 

commingled with UAN from sources not 

subject to these investigations. Only the 

subject component of such commingled 

products is covered by the scope of these 

investigations. 

The covered merchandise is currently 

classified in the Harmonized Tariff Schedule 

of the United States (HTSUS) at subheading 

3102.80.0000. Although the HTSUS 

subheading is provided for convenience and 

customs purposes, the written description of 

the scope is dispositive. 

[FR Doc. 2021–15889 Filed 7–23–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Advisory Committee on Supply Chain 

Competitiveness: Notice of Public 

Meeting 

AGENCY: International Trade 

Administration, U.S. Department of 

Commerce. 

ACTION: Notice of open meeting. 

SUMMARY: This notice sets forth the 

schedule and proposed topics of 

discussion for a public meeting of the 

Advisory Committee on Supply Chain 

Competitiveness (Committee). 

DATES: This Webex meeting will be held 

on Wednesday, August 11, 2021, from 

11:00 a.m. to 12:00 p.m. Eastern 

Daylight Time. The deadline for 

members of the public to register to 

participate in or listen to the meeting is 

5:00 p.m., Wednesday, August 4, 2021. 

ADDRESSES: The meeting will be held by 

Webex. The Webex link, and call-in 

number, and passcode will be provided 

by email to registrants. Requests to 

register and any written comments 

should be submitted to: Richard Boll, 

Office of Supply Chain, Professional & 

Business Services, International Trade 

Administration by email: richard.boll@

trade.gov. Members of the public are 

encouraged to submit registration 

requests via email to ensure timely 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Richard Boll, Office of Supply Chain, 

Professional & Business Services, 

International Trade Administration by 

email richard.boll@trade.gov or phone 

202–384–8539. 

SUPPLEMENTARY INFORMATION: The 

Committee was established under the 

discretionary authority of the Secretary 

of Commerce and in accordance with 

the Federal Advisory Committee Act 

(5 U.S.C. App. 2). It provides advice to 

the Secretary of Commerce on the 

necessary elements of a comprehensive 

policy approach to supply chain 

competitiveness designed to support 

U.S. export growth and national 

economic competitiveness, encourage 

innovation, facilitate the movement of 

goods, and improve the competitiveness 

of U.S. supply chains for goods and 

services in the domestic and global 

economy; and provides advice to the 

Secretary on regulatory policies and 

programs and investment priorities that 

affect the competitiveness of U.S. 

supply chains. For more information 

about the Committee visit: https://

www.trade.gov/acscc. 

Matters to be Considered: Committee 

members are expected to deliberate and 

vote on Committee-drafted letters 

outlining priority recommendations to 

the Secretary of Commerce that have 

been raised at the previous Committee 

meetings, including recommendations 

on supply chain resilience and 

congestion, workforce development in 

the trucking industry, data requirements 

for internal U.S. shipments, and 

digitalization of supply chains. These 

letters will highlight the important 

issues that the Committee recommends 

that the Secretary of Commerce consider 

to improve the competitiveness of U.S. 

supply chains, facilitate new job growth 

within the United States, and increase 

U.S. exports. The Committee’s 

subcommittees will report on the status 

of their work regarding these topics. The 

agenda may change to accommodate 

other Committee business. 

The Office of Supply Chain, 

Professional & Business Services will 

post the final agenda on the Committee 

website https://www.trade.gov/acscc at 

least one week prior to the meeting. The 

WebEx and conference line will be open 

to the public for comments on a firstcome, first-served basis. Access lines are 

limited. The minutes of the meetings 

and any recommendations adopted by 

the Committee will be posted on the 

Committee website within 60 days of 

the meeting. 

Dated: July 19, 2021. 

Heather Sykes, 

Director, Office of Supply Chain, Professional, 

and Business Services. 

[FR Doc. 2021–15750 Filed 7–23–21; 8:45 am] 

BILLING CODE 3510–DR–P 

DEPARTMENT OF COMMERCE 

National Institute of Standards and 

Technology 

Open Meeting of the Information 

Security and Privacy Advisory Board 

AGENCY: National Institute of Standards 

and Technology. 

ACTION: Notice of open meeting. 

SUMMARY: The Information Security and 

Privacy Advisory Board (ISPAB) will 


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