70 FR 24394, May 9, 2005

DEPARTMENT OF COMMERCE

International Trade Administration

(A-823-801)

Solid Urea from Ukraine; Final Results of the Expedited Sunset 
Review of the Antidumping Duty Order

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

SUMMARY: On October 1, 2004, the Department of Commerce (``the 
Department'') initiated a sunset review of the antidumping duty 
(``AD'') order on solid urea from Ukraine pursuant to section 751(c) of 
the Tariff Act of 1930, as amended (``the Act''). See Initiation of 
Five-year (Sunset) Reviews, 69 FR 58890 (October 1, 2004). On the basis 
of a notice of intent to participate, an adequate substantive response 
filed on behalf of the domestic interested parties, and inadequate 
response from respondent interested parties (in this case, no 
response), the Department conducted an expedited sunset review of this 
order pursuant to section 751(c)(3)(B) of the Act and section 
351.218(e)(1)(ii)(B) of the Department's regulations. As a result of 
this sunset review, the Department finds that revocation of the AD 
order would likely lead to continuation or recurrence of dumping at the 
levels indicated in the ``Final Results of Review'' section of this 
notice.

EFFECTIVE DATE: May 9, 2005.

FOR FURTHER INFORMATION CONTACT: Hilary Sadler, Esq., Office of Policy 
for Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-4340.

SUPPLEMENTARY INFORMATION: Background:
    On October 1, 2004, the Department initiated a sunset review of the 
AD order on solid urea from Ukraine pursuant to section 751(c) of the 
Act. See Initiation of Five-year (Sunset) Reviews, 69 FR 58890 (October 
1, 2004). The Department received a Notice of Intent to Participate 
from the following domestic interested parties: the Ad Hoc Committee of 
Domestic Nitrogen Producers, (consisting of CF Industries, Inc. and PCS 
Nitrogen Fertilizer, LP (collectively ``the Ad Hoc Committee'')), and 
Agrium U.S., Inc. (collectively ``the domestic interested parties'') 
within the deadline specified in 19 CFR 351.218(d)(1)(I) of the 
Department's regulations. The domestic interested parties claimed 
interested party status under sections 771(9)(C) and (D) of the Act, as 
domestic manufacturers of urea or coalition whose members are engaged 
in the production of urea in the United States. The Department received 
a complete substantive response collectively from the domestic 
interested parties within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i). However, the Department did not receive any responses 
from the respondent interested parties to this proceeding. As a result, 
pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), the Department conducted an expedited sunset 
review of this antidumping duty order.
    Scope of the Order:
    The merchandise covered by this order is solid urea, a high-
nitrogen content fertilizer which is produced by reacting ammonia with 
carbon dioxide. The product is currently classified under the 
Harmonized Tariff Schedules of the United States Annotated (``HTS'') 
item 3102.10.00.00. During previous reviews such merchandise was 
classified under item number 480.3000 of the Tariff Schedules of the 
United States. The HTS item number is provided for convenience and 
customs purposes. The written description remains dispositive as the 
scope of the product coverage.
    Analysis of Comments Received:
    All issues raised in this review are addressed in the Issues and 
Decision Memorandum (``Decision Memorandum'') from Ronald K. Lorentzen, 
Acting Director, Office of Policy, Import Administration, to Joseph A. 
Spetrini, Acting Assistant Secretary for Import Administration, dated 
May 2, 2005, which is hereby adopted by this notice. The issues 
discussed in the accompanying Decision Memorandum include the 
likelihood of continuation or recurrence of dumping were the order 
revoked. Parties can find a complete discussion of all issues raised in 
this review and the corresponding recommendations in this public

[[Page 24395]]

memorandum which is on file in the Central Records Unit, room B-099, of 
the main Commerce building. In addition, a complete version of the Decision 
Memorandum can be accessed directly on the Web at http://enforcement.trade.gov/frn, 
under the heading ``May 2005.'' The paper copy and electronic version of the 
Decision Memorandum are identical in content.

    Final Results of Review:
    The Department determines that revocation of the antidumping duty 
order on solid urea from Ukraine would be likely to lead to 
continuation or recurrence of dumping at the rates listed below:

------------------------------------------------------------------------
                 Producers/Exporters                   Margin (percent)
------------------------------------------------------------------------
Phillip Brothers, Ltd./Phillip Brothers, Inc........       53.23 percent
Country-wide rate...................................       68.26 percent
------------------------------------------------------------------------

    Notification regarding Administrative Protective Order:
    This notice also serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 of the 
Department's regulations. 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 terms 
of an APO is a violation which is subject to sanction.
    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: May 2, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-2232 Filed 5-6-05; 8:45 am]