[Federal Register Volume 87, Number 121 (Friday, June 24, 2022)]
[Notices]
[Pages 37828-37829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13568]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-274-809]


Urea Ammonium Nitrate Solutions From the Republic of Trinidad and 
Tobago: Final Affirmative Countervailing Duty Determination

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to producers and exporters 
of urea ammonium nitrate solutions (UAN) from the Republic of Trinidad 
and Tobago (Trinidad and Tobago). The period of investigation is 
January 1, 2020, through December 31, 2020.

DATES: Applicable June 24, 2022.

FOR FURTHER INFORMATION CONTACT: Thomas Martin or Ariela Garvett, AD/
CVD Operations, Office IV, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-3936 or (202) 
482-3609, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On December 3, 2021, Commerce published the Preliminary 
Determination.<SUP>1</SUP> For a complete description of the events 
that followed the Preliminary Determination, see the Issues and 
Decision Memorandum.\2\ The Issues and Decision Memorandum is a public 
document and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \1\ See Urea Ammonium Nitrate Solutions from the Republic of 
Trinidad and Tobago: Preliminary Affirmative Countervailing Duty 
Determination and Alignment of Final Determination With the Final 
Antidumping Duty Determination, 86 FR 68640 (December 3, 2021) 
(Preliminary Determination), and accompanying Preliminary Decision 
Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Countervailing Duty 
Investigation of Urea Ammonium Nitrate Solutions from the Republic 
of Trinidad and Tobago,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
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Period of Investigation

    The period of investigation is January 1, 2020, through December 
31, 2020.

Scope of the Investigation

    The products covered by this investigation are UAN from Trinidad 
and Tobago. For a complete description of the scope of the 
investigation, see Appendix I.

Scope Comments

    No interested party commented on the scope of the investigation as 
it appeared in the Preliminary Determination. Therefore, no changes 
were made to the scope of the investigation.

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs by parties in this investigation are 
discussed in the Issues and Decision Memorandum. For a list of the 
issues raised by interested parties and addressed in the Issues and 
Decision Memorandum, see Appendix II to this notice.

Methodology

    Commerce conducted this investigation in accordance with section 
701 of the Tariff Act of 1930, as amended (the Act). For each of the 
subsidy programs found countervailable, Commerce determines that there 
is a subsidy, i.e., a financial contribution by an ``authority'' that 
gives rise to a benefit to the recipient, and that the subsidy is 
specific.\3\ For a full description of the methodology underlying our 
final determination, see the Issues and Decision Memorandum.
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    \3\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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Verification

    Commerce was unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation. However, we took additional steps in lieu of on-site 
verifications to verify the information relied upon in making this 
final determination, in accordance with section 782(i) of the Act.\4\
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    \4\ See MHTL's Letter, ``Urea Ammonium Nitrate Solutions from 
the Republic of Trinidad and Tobago: MHTL's Response to the 
Department's In Lieu of Verification Questionnaire,'' dated December 
21, 2021; see also Government of Trinidad and Tobago's Letter, 
``Urea Ammonium Nitrate Solutions from the Republic of Trinidad and 
Tobago: GoTT's Response to the Department's In Lieu of Verification 
Questionnaire,'' dated January 19, 2022.
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Changes Since the Preliminary Determination

    After evaluating the comments received from interested parties and 
record information, we have made no changes to the net countervailable 
subsidy rates calculated for Methanol Holdings (Trinidad) Limited 
(MHTL), the sole mandatory respondent in this investigation. For a 
discussion of these comments, see the Issues and Decision Memorandum.

All-Others Rate

    In accordance with section 705(c)(1)(B)(i) of the Act, we 
calculated an individual estimated countervailable subsidy rate for 
MHTL. Section 705(c)(5)(A)(i) of the Act states that, for companies not 
individually investigated, Commerce will determine an all-others rate 
equal to the weighted-average countervailable subsidy rates established 
for exporters and/or producers individually investigated, excluding any 
zero and de minimis countervailable subsidy rates, and any rates 
determined entirely under section 776 of the Act.
    Commerce calculated an individual estimated countervailable subsidy 
rate for MHTL, the only individually examined producer/exporter in this 
investigation. Because the only individually calculated rate is not 
zero, de minimis, or based entirely on facts otherwise available, the 
rate calculated for MHTL is the rate assigned to all other producers 
and exporters not individually examined in this investigation, pursuant 
to section 705(c)(5)(A)(i) of the Act.

Final Determination

    Commerce determines that the following estimated net 
countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                               Subsidy
                                                                 rate
                          Company                            (percent ad
                                                               valorem)
------------------------------------------------------------------------
Methanol Holdings (Trinidad) Limited.......................         1.83
All Others.................................................         1.83
------------------------------------------------------------------------

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with a final determination within five days of 
any public announcement or, if there is no public announcement, within 
five days of the date of publication of the notice of final 
determination in the Federal

[[Page 37829]]

Register, in accordance with 19 CFR 351.224(b). However, because there 
are no changes from the Preliminary Determination, there are no new 
calculations to disclose.

Continuation of Suspension of Liquidation

    As a result of our Preliminary Determination, and pursuant to 
sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S. 
Customs and Border Protection (CBP) to suspend liquidation of entries 
of subject merchandise, as described in the scope of the investigation 
section, that were entered or withdrawn from warehouse, for 
consumption, on or after December 3, 2021, the date of publication of 
the Preliminary Determination in the Federal Register. In accordance 
with section 703(d) of the Act, we instructed CBP to discontinue the 
suspension of liquidation for subject merchandise entered, or withdrawn 
from warehouse, on or after April 2, 2022, but to continue the 
suspension of liquidation of all entries of subject merchandise between 
December 3, 2021, and April 1, 2022.
    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a countervailing duty 
order, reinstate the suspension of liquidation under section 706(a) of 
the Act, and require a cash deposit of estimated countervailing duties 
for entries of subject merchandise in the amounts indicated above. If 
the ITC determines that material injury, or threat of material injury, 
does not exist, this proceeding will be terminated, and all estimated 
duties deposited or securities posted as a result of the suspension of 
liquidation will be refunded or canceled.

ITC Notification

    In accordance with section 705(d) of the Act, Commerce will notify 
the ITC of its final affirmative determination that countervailable 
subsidies are being provided to producers and exporters of UAN from 
Trinidad and Tobago. As Commerce's final determination is affirmative, 
in accordance with section 705(b) of the Act, the ITC will determine, 
within 45 days, whether the domestic industry in the United States is 
materially injured or threatened with material injury. In addition, we 
are making available to the ITC all non-privileged and nonproprietary 
information related to this investigation. We will allow the ITC access 
to all privileged and business proprietary information in our files, 
provided the ITC confirms that it will not disclose such information, 
either publicly or under an administrative protective order (APO), 
without the written consent of the Assistant Secretary for Enforcement 
and Compliance.

Notification Regarding APO

    In the event the ITC issues a final negative injury determination, 
this notice serves as the only reminder to parties subject to an APO of 
their responsibility concerning the destruction of proprietary 
information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return or destruction 
of APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a sanctionable violation.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act, and 19 CFR 351.210(c).

    Dated: June 17, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Investigation

    The merchandise covered by this investigation 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 investigation 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 
this investigation.
    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.

Appendix II--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Subsidies Valuation
V. Analysis of Programs
VI. Analysis of Comments
    Comment 1: Whether Commerce Should Revise the Natural Gas 
Benchmark Calculation for MHTL's Methanol Facilities
    Comment 2: Whether Commerce Should Use Separate Natural Gas 
Benchmarks for MHTL's Ammonia, Urea, and Melamine (AUM) and Methanol 
Facilities
    Comment 3: Whether Certain Affiliated Companies are Cross-Owned 
with and Provided Primarily Dedicated Inputs to MHTL
    Comment 4: Whether Commerce Should Include the Rate Calculated 
for the Import Duty Exemptions Program in the Cash Deposit 
Instructions for MHTL
VII. Recommendation

[FR Doc. 2022-13568 Filed 6-23-22; 8:45 am]
BILLING CODE 3510-DS-P