[Federal Register Volume 87, Number 93 (Friday, May 13, 2022)]
[Notices]
[Pages 29286-29287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10330]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-831]


Urea Ammonium Nitrate Solutions From the Russian Federation: 
Initiation of Antidumping Duty Changed Circumstances Review

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

SUMMARY: The U.S. Department of Commerce (Commerce) is initiating a 
changed circumstance review (CCR) to examine whether the Russian 
Federation (Russia) remains a market economy (ME) country for purposes 
of the antidumping duty (AD) law.

DATES: Applicable May 13, 2022.

FOR FURTHER INFORMATION CONTACT: Leah Wils-Owens, Office of Policy, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-4551.

SUPPLEMENTARY INFORMATION:

Background

    On June 30, 2021, Commerce received petitions for the imposition of 
ADs and countervailing duties (CVD) on urea ammonium nitrate solutions 
(UAN) imported into the United States from Russia and the Republic of 
Trinidad and Tobago. In the petitions, the petitioner \1\ stated that 
information reasonably available to it indicated that Russia does not 
operate on market principles, and thus, Commerce should initiate an 
investigation into whether, and should determine that, Russia is a non-
market economy (NME) country. After finding that the petitioner's 
allegation met the requirements of section 732 of the Tariff Act of 
1930, as amended (the Act), on July 30, 2021, Commerce initiated an 
investigation into Russia's status as a market economy (ME) country.\2\
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    \1\ The petitioner is CF Industries Nitrogen, LLC and its 
subsidiaries, Terra Nitrogen, Limited Partnership and Terra 
International (Oklahoma) LLC (collectively, the petitioner).
    \2\ See Investigation of Urea Ammonium Nitrate Solutions from 
the Russian Federation: Opportunity to Comment on the Russian 
Federation's Status as a Market Economy Country Under the 
Antidumping Duty Laws, 86 FR 41008 (July 30, 2021).
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    On October 29, 2021, based on the information on the record, 
Commerce determined to continue to confer ME status on Russia for 
purposes of AD law.\3\ However, in its determination, Commerce noted 
that,
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    \3\ See Memorandum, ``Review of Russia's Status as a Market 
Economy Country,'' dated October 29, 2021.


[[Page 29287]]


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when Commerce determined Russia to be a market economy country in 
2002, {it{time}  expected market-oriented reforms to continue to 
progress significantly. Since they have not progressed as 
significantly as expected and in some cases have backtracked, 
Commerce will monitor the progress of reforms in the Russian economy 
for the near future for purposes of the antidumping duty law.\4\
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    \4\ Id. at 6.

    In its March 26, 2022 case brief in the less-than-fair-value (LTFV) 
investigation of UAN from Russia, the petitioner argued that the final 
phase of the LTFV investigation of UAN from Russia was an appropriate 
time in the ``near future'' for Commerce to revisit its determination 
regarding Russia's ME status and examine whether its October 2021 
findings regarding that status remain valid, including its ``findings 
concerning ruble convertibility, the environment for foreign 
investment, the {Government of Russia's{time}  control over Russia's 
economy, rule of law, and freedom of information.'' \5\ Given 
Commerce's observations in its October 29, 2021 determination, the 
request in the petitioner's case brief, and the additional information 
gathered concerning changes to the economic conditions in Russia, we 
have determined to revisit Russia's status as an ME country in the 
context of a CCR.
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    \5\ See Petitioner's Letter, ``Urea Ammonium Nitrate Solutions 
from the Russian Federation (A-821-831): Petitioner's Case Brief,'' 
dated March 15, 2022, at 3.
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Initiation of a Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Act, when Commerce receives 
information concerning, or a request from an interested party for a 
review of, a final affirmative determination that resulted in an AD or 
CVD order, which shows changed circumstances sufficient to warrant a 
review of such determination, Commerce shall conduct a review of the 
determination after publishing notice of the review in the Federal 
Register. Section 751(b)(4) of the Act provides that in the absence of 
good cause, Commerce may not review final determinations regarding 
whether subject merchandise is being, or is likely to be, sold in the 
United States at less than its fair value, or whether or not a 
countervailable subsidy is being provided with respect to subject 
merchandise, less than 24 months after the date of publication of the 
notice of that determination.
    Since making a final determination concerning Russia's status, 
information available to Commerce indicates that there may be important 
changes in the economic conditions in Russia related to the six 
statutory factors governing NME determinations sufficient for Commerce 
to reexamine the issue of Russia's ME status. For a full description of 
recent changes in Russia related to the six statutory factors, see the 
memorandum ``Reconsideration of Russia's Status as a Market Economy 
Country,'' dated concurrently with this Federal Register notice.\6\ 
Given the developments since Commerce's October 2021 determination, and 
the provision in section 771(18)(C)(ii) of the Act that Commerce may 
determine whether a country does not operate on market principles at 
any time, Commerce has determined that good cause exists within the 
meaning of 19 CFR 351.216(c) to initiate a CCR to determine whether to 
continue to confer ME status on Russia for purposes of the AD law.
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    \6\ See Memorandum, ``Reconsideration of Russia's Status as a 
Market Economy Country,'' dated concurrently with, and hereby 
adopted by, this notice.
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    Therefore, Commerce is initiating a CCR to determine whether to 
continue to confer ME status on Russia for purposes of the AD law, 
pursuant to sections 751(b) and 771(18)(C)(ii) of the Act, and 19 CFR 
351.216(c).

Opportunity for Public Comment and Submission of Factual Information

    As part of this CCR, Commerce is providing interested parties with 
an opportunity to submit comments and factual information regarding 
developments in the Russian economy since October 2021 with respect to 
the following factors enumerated in section 771(18)(B) of the Act. 
Commerce must consider these factors in making an ME/NME determination:
    (i) The extent to which the currency of the foreign country is 
convertible into the currency of other countries;
    (ii) the extent to which wage rates in the foreign country are 
determined by free bargaining between labor and management;
    (iii) the extent to which joint ventures or other investments by 
firms of other foreign countries are permitted in the foreign country;
    (iv) the extent of government ownership or control of the means of 
production;
    (v) the extent of government control over the allocation of 
resources and over the price and output decisions of enterprises; and
    (vi) such other factors as the administering authority considers 
appropriate.
    Interested parties may submit comments and factual information 
regarding Russia's current status as an ME country not later than 21 
days after the date of publication of this notice in the Federal 
Register. Rebuttal comments, limited to comments on issues raised in 
parties' affirmative comments, may be filed not later than 10 days 
after the date for filing affirmative comments. Interested parties must 
submit comments and factual information at the Federal eRulemaking 
Portal: www.Regulations.gov. The identification number is ITA-2022-
0005.
    Parties may request a hearing in their comments. After reviewing 
all comments, and factual information, Commerce will determine whether 
to hold a public hearing in this CCR. If Commerce determines that a 
public hearing is warranted, it will announce a time and forum for the 
hearing. If Commerce holds an in-person hearing, the hearing will be 
held at the main Commerce building, 1401 Constitution Avenue NW, 
Washington, DC 20230, in a room, and at a time, to be determined.
    Unless extended, consistent with 19 CFR 351.216(e), we intend to 
issue the final results of this CCR no later than 270 days after the 
date on which this review was initiated or within 45 days of that date 
if all parties agree to the outcome of the review.

Notification to Interested Parties

    This initiation notice is issued and published in accordance with 
sections 751(b) and 771(18)(C)(ii) of the Act.

    Dated: May 6, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-10330 Filed 5-12-22; 8:45 am]
BILLING CODE 3510-DS-P