Solid Urea From the Former German Democratic Republic: Initiation (Consideration of Revocation of Order) and Preliminary Results (Intent To Revoke Order) of Changed Circumstances Antidumping Duty Review

Federal RegisterFeb 12, 1998

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-429-601]

Solid Urea From the Former German Democratic Republic: Initiation

(Consideration of Revocation of Order) and Preliminary Results (Intent

To Revoke Order) of Changed Circumstances Antidumping Duty Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of initiation and preliminary results of changed

circumstances antidumping duty review, and intent to revoke finding.

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SUMMARY: In response to a letter filed on January 26, 1998, by the Ad

Hoc Committee of Domestic Nitrogen Producers (petitioners) indicating

that they have no further interest in the importation or sale of solid

urea from the former German Democratic Republic (G.D.R.), the

Department of Commerce (the Department) is initiating a changed

circumstances antidumping duty review and issuing a preliminary intent

to revoke the antidumping duty finding on solid urea from the former

G.D.R. Based on the fact that the petitioners have expressed no further

interest in the importation or sale of solid urea produced in the

former G.D.R., we intend to revoke this finding. Interested parties are

invited to comment on these preliminary results.

EFFECTIVE DATE: February 12, 1998.

FOR FURTHER INFORMATION CONTACT: Donna Kinsella at (202) 482-4093 or

Steven D. Presing at (202) 482-0194, AD/CVD Enforcement Group III,

Import Administration, International Trade Administration, U.S.

Department of Commerce, 14th Street and Constitution Avenue, NW.,

Washington, DC 20230.

The Applicable Statute and Regulations

Unless otherwise indicated, all citations to the statute are

references to the provisions effective January 1, 1995, the effective

date of the amendments made to the Tariff Act of 1930 (the Act) by the

Uruguay Round Agreements Act. In addition, unless otherwise indicated,

all citations to the Department's regulations are to the regulations

codified at 19 CFR 351 (62 FR 27296).

SUPPLEMENTARY INFORMATION:

Background

On January 26, 1998, petitioners informed the Department in writing

that they do not object to a changed circumstances review and have no

further interest in the importation or sale of solid urea produced in

the former G.D.R.

Scope of Review

Imports covered by this review are those of solid urea. At the time

of the publication of the antidumping duty order, such merchandise was

classifiable under item 480.30 of the Tariff Schedules of the United

States Annotated (TSUSA). This merchandise is currently classified

under the Harmonized Tariff Schedule of the United States (HTS) item

number 3102.10.00. These TSUSA and HTS item numbers are provided for

convenience and Customs purposes only. The Department's written

description of the scope remains dispositive for purposes of the order.

Initiation and Preliminary Results of Changed Circumstances

Antidumping Duty Review

Pursuant to section 751(d) of the Act, the Department may revoke an

antidumping duty order based on a review under section 751(b) of the

Act (i.e., a changed circumstances review). Section 751(b)(1) of the

Act requires a changed circumstances review to be conducted upon

receipt of a request containing information concerning changed

circumstances sufficient to warrant a review.

The Department's regulations at 19 CFR 351.222(g) permit the

Department to conduct a changed circumstances review under 19 CFR

351.216 based upon an affirmative statement of no interest from

producers accounting for substantially all of the production of the

domestic like product to which the order pertains. In addition, in the

event that the Department concludes that expedited action is warranted,

section 351.221(c)(3)(ii) of the regulations permits the Department to

combine the notices of initiation and preliminary results. Therefore,

in accordance with section 751(b) of the Act and 19 CFR 351.216,

351.221, and 351.222 based on an affirmative statement of no interest

in this proceeding by petitioners, we are initiating this changed

circumstances review. Based on the fact that no other interested

parties have objected to the position taken by petitioners that they

have no further interest in the order regarding solid urea from the

former G.D.R., we have determined that expedited action is warranted,

and we are combining these notices of initiation and preliminary

results. We have preliminarily determined that there are changed

circumstances sufficient to warrant revocation of the finding on

[[Page 7122]]

solid urea from the former G.D.R. Therefore, we are hereby notifying

the public of our intent to revoke the antidumping duty order as it

relates to imports of solid urea from the former G.D.R.

Interested parties may submit case briefs and/or written comments

no later than 30 days after the date of publication of these

preliminary results. Rebuttal briefs and rebuttals to written comments,

limited to issues raised in such briefs or comments, may be filed no

later than 37 days after the date of publication. The Department will

publish the final results of this changed circumstances review, which

will include the results of its analysis raised in any such written

comments.

If final revocation occurs, we intend to instruct the U.S. Customs

Service (Customs) to end the suspension of liquidation of all

unliquidated entries of solid urea from the former G.D.R. not subject

to final results of review pursuant to section 751 of the Act and

refund any estimated antidumping duties collected for such entries of

solid urea in accordance with 19 CFR 351.222, with interest in

accordance with section 778 of the Act. The current requirement for a

cash deposit of estimated antidumping duties will continue until

publication of the final results of this changed circumstances review.

This initiation of review and notice are in accordance with section

751(b) of the Act, (19 U.S.C. 1675(b)), and 19 CFR 351.216, 351.221,

and 351.222.

Dated: January 26, 1998.

Robert S. LaRussa,

Assistant Secretary for Import Administration.

[FR Doc. 98-3485 Filed 2-11-98; 8:45 am]

BILLING CODE 3510-DS-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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