[Federal Register Volume 87, Number 121 (Friday, June 24, 2022)]
[Notices]
[Pages 37824-37825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13567]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-274-808]


Urea Ammonium Nitrate Solutions From the Republic of Trinidad and 
Tobago: Final Affirmative Determination of Sales at Less Than Fair 
Value

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
urea ammonium nitrate solutions (UAN) from the Republic of Trinidad and 
Tobago (Trinidad and Tobago) are being, or are likely to be, sold in 
the United States at less than fair value (LTFV).

DATES: Applicable June 24, 2022.

FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, 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) 482-6412.

SUPPLEMENTARY INFORMATION: 

Background

    On February 2, 2022, Commerce published the Preliminary 
Determination.\1\ On March 8, 2022, Commerce published the Amended 
Preliminary Determination.\2\ A summary of the events that occurred 
since Commerce published the Preliminary Determination, as well as a 
full discussion of the issues raised by parties for this final 
determination, may be found in the Issues and Decision Memorandum.\3\
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    \1\ See Urea Ammonium Nitrate Solutions from the Republic of 
Trinidad and Tobago: Preliminary Affirmative Determination of Sales 
at Less Than Fair Value, Postponement of Final Determination, and 
Extension of Provisional Measures, 87 FR 5783 (February 2, 2022) 
(Preliminary Determination), and accompanying Preliminary Decision 
Memorandum.
    \2\ See Urea Ammonium Nitrate Solutions from the Republic of 
Trinidad and Tobago: Amended Preliminary Determination of Sales at 
Less Than Fair Value, 87 FR 12935 (March 8, 2022) (Amended 
Preliminary Determination), and accompanying Ministerial Error 
Memorandum.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
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 April 1, 2020, through March 31, 
2021.

Scope of the Investigation

    The products covered by this investigation are UAN from Trinidad 
and Tobago. For a complete description of the scope of this 
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 Comments Received

    All issues raised in the case and rebuttal briefs submitted by 
interested parties in this proceeding are discussed in the Issues and 
Decision Memorandum. A list of the issues raised by parties and 
responded to by Commerce in the Issues and Decision Memorandum is 
attached to this notice as Appendix II. The Issues and Decision 
Memorandum is a public document and is available 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.

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 an on-site 
verification to verify the information relied upon in making this final 
determination, in accordance with section 782(i) of the Tariff Act of 
1930, as amended (the Act).\4\
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    \4\ See Commerce's Letter, In Lieu of On-Site Verification 
Questionnaire, dated February 17, 2022; 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 February 25, 2022; and MHTL's Letter, ``Urea 
Ammonium Nitrate Solutions from the Republic of Trinidad and Tobago: 
MHTL's Response to the Department's Revised Database 
Questionnaire,'' dated March 14, 2022.
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Changes Since the Amended Preliminary Determination

    Based on our analysis of the comments received and additional 
information obtained since our Amended Preliminary Findings, we made a 
certain change to the margin calculation for Methanol Holdings 
(Trinidad) Ltd. (MHTL) after the Amended Preliminary Determination. For 
a discussion of this change, see the Issues and Decision Memorandum.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other producers and exporters 
not individually investigated shall be equal to the weighted average of 
the estimated weighted-average dumping margins established for 
individually investigated exporters and producers, excluding any 
margins that are zero, de minimis, or any margins determined entirely 
under section 776 of the Act.
    In this investigation, Commerce calculated an estimated weighted-
average dumping margin for the sole mandatory respondent, MHTL, that is 
not zero, de minimis, or based entirely on facts otherwise available. 
Because the only individually calculated dumping margin is not zero, de 
minimis, or based entirely on facts otherwise available, the estimated 
weighted-average dumping margin calculated for MHTL is the dumping 
margin assigned to all other producers and exporters, pursuant to 
section 735(c)(5)(A) of the Act.

Final Determination

    The estimated weighted-average dumping margins are as follows:

[[Page 37825]]



------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Methanol Holdings (Trinidad) Ltd............................      111.71
All Others..................................................      111.71
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this 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 this notice in 
accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct U.S. Customs and Border Protection (CBP) to continue the 
suspension of liquidation of all appropriate entries of UAN, as 
described in Appendix I of this notice, which were entered, or 
withdrawn from warehouse, for consumption on or after February 2, 2022, 
the date of publication of the Preliminary Determination in the Federal 
Register.
    Pursuant to section 735(c)(1)(B)(ii) of the Act, we will instruct 
CBP to require a cash deposit equal to the estimated amount by which 
the normal value exceeds the U.S. price in this final determination, as 
follows: (1) the cash deposit rate for each of the respondents listed 
in the table above is the company-specific cash deposit rate listed for 
the respondent in the table; (2) if the exporter is not a respondent 
listed in the table above, but the producer is, then the cash deposit 
rate is the company-specific cash deposit rate listed for the producer 
of the subject merchandise in the table above; and (3) the cash deposit 
rate for all other producers and exporters is the ``all others'' cash 
deposit rate listed in the table above. These suspension of liquidation 
instructions will remain in effect until further notice.
    Commerce normally adjusts cash deposits for estimated antidumping 
duties by the amount of export subsidies countervailed in a companion 
countervailing duty (CVD) proceeding, when CVD provisional measures are 
in effect. However, Commerce did not make an affirmative determination 
for countervailable export subsidies in the companion CVD 
investigation. Therefore, there is no offset to the estimated weighted-
average dumping margin by the CVD rate for export subsidies.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, Commerce will notify 
the U.S. International Trade Commission (ITC) of its final affirmative 
determination of sales at LTFV. Because the final determination in this 
proceeding is affirmative, in accordance with section 735(b)(2) of the 
Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, no later than 45 days after our final 
determination. If the ITC determines that material injury or threat of 
material injury does not exist, the proceeding will be terminated, and 
all cash deposits will be refunded. If the ITC determines that material 
injury or threat of material injury does exist, Commerce will issue an 
antidumping duty order directing CBP to assess, upon further 
instruction by Commerce, antidumping duties on all imports of the 
subject merchandise, entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Notification Regarding Administrative Protective Orders

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely 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 the terms of an APO is a violation subject to sanction.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 735(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 investigations if performed in the subject 
country.
    The scope also includes UAN that is commingled with UAN from 
sources not subject to this investigation. 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. Changes Since the Amended Preliminary Determination
V. Discussion of the Issues
    Comment 1: Particular Market Situation (PMS)
    (A) Natural Gas
    (B) Electricity
    Comment 2: Constructed Value (CV) Profit Calculation
    Comment 3: Financial Expense Ratio Calculation
VI. Recommendation

[FR Doc. 2022-13567 Filed 6-23-22; 8:45 am]
BILLING CODE 3510-DS-P