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EuroChem awarded zero percent urea dumping margin in DOC new-shipper review
In what is a victory for Russian fertilizer producer MCC Eurochem, the U.S. Department of Commerce has issued a final decision in EuroChem’s new-shipper review, setting a zero percent weighted-average margin on solid urea imports from the Russian Federation produced and exported by EuroChem based on a specified period of review. All other Russian fertilizer manufacturers or exporters will still be subject to a 64.93 percent tariff, the rate established by the existing anti-dumping duty order against solid urea from Russia and Ukraine.
EuroChem had requested the new-shipper review in January 2007, claiming that it did not export solid urea to the U.S. at less than fair market value during the period of review from July 1, 2006, through Dec. 21, 2006, and that it has never been affiliated with any Russian exporter or producer who exported solid urea to the U.S. during the antidumping duty order period of investigation.
The DOC followed that request by initiating a new-shipper review, but a group of fertilizer companies known as the Ad Hoc Committee of Domestic Nitrogen Producers submitted a letter to the DOC in February 2007 arguing that EuroChem was not eligible for a new-shipper review because its factories existed and produced urea during the period of investigation, and because it was affiliated with entities that were part of the non-market-economy entity that produced and exported subject merchandise during the period of investigation.
The Ad Hoc Committee, whose urea producing members include CF Industries Holdings Inc. and PCS Nitrogen Inc., submitted other arguments as well, including the claim that the DOC would create a potentially large and unnecessary administrative burden by continuing the new-shipper review because any producer that has changed over time and has been acquired by a new owner could use this precedent to justify eligibility for a new-shipper review.
In addition to its initial claims, EuroChem argued that the new-shipper review was warranted because a “meaningful difference” exists between Soviet entities and open joint-stock companies in the Russian Federation, of which EuroChem is one. EuroChem charged that the Ad Hoc Committee was ignoring the fact that the Soviet Union itself no longer exists, and that the “massive transformation” of the Russian economy since the period of investigation was significantly more than a simple “corporate restructuring.”
The DOC ultimately concluded that the new-shipper review was warranted based on its analysis of the competing arguments, and rendered its final decision in the case this spring. The decision, which appeared in a May 22 Federal Register notice, was heralded by the Agricultural Retailers Association, which last summer sent a letter to the DOC urging support for EuroChem’s new-shipper review request.
“We believe EuroChem’s new shipper review should proceed under the normal rules that apply to all market economy products, and any inquiry into cost of production should focus on what EuroChem’s costs actually are and not on what those costs ‘should be,'” the 2007 ARA letter stated. “Assigning a higher cost, in order to offset an alleged distortion in Russia’s domestic natural gas market, we believe would be the same as using antidumping calculations as a shortcut to impose an additional countervailing duty, without meeting the procedural and substantive requirements of a countervailing duty investigation.”
In a Dec. 26, 2007, letter to DOC Secretary Carlos Gutierrez, Reps. Marion Berry (D-Ark.) and Jo Ann Emerson (R-Mo.) also voiced their support for EuroChem’s request, saying “the current restrictive antidumping measures are outdated, unnecessary, and extremely injurious to American farmers.”
Antidumping duties on urea imports from Russia and Ukraine currently remain in place after a 2005 sunset review decision by the U.S. International Trade Commission. The ITC decision was subsequently upheld in a 2007 appeals ruling by the U.S. Court of International Trade (GM Dec. 3, 2007)
CVR examines alternatives for fertilizer IPO; company postpones nitrogen plant turnaround
CVR Energy Inc. executives recently told analysts that the company is examining alternatives to the CVR Partners LP IPO (GM March 10, p. 1) in light of the changing fertilizer market. CVR Energy Inc. is itself a recent IPO, and trades on the New York Stock Exchange. CVR Partners LP was also to be an IPO and would include the CVR nitrogen plant and some other assets, with CVR Energy retaining majority ownership. CVR Energy consists of the refinery and nitrogen plants in Coffeyville, Kan.
“We are reviewing alternatives available to us to maximize the value of the fertilizer business in a public environment,” said John Lipinski, CVR CEO. “I mean we need to go back and revisit where we sit with all of that. In the short time that we have filed, the business has changed significantly?ǪWe are analyzing it to make sure we maximize shareholder value.”
Since the fertilizer IPO is still in the quiet period mandated by SEC, the officials could not comment as to what alternatives are being considered.
CVR has said that because of high fertilizer prices it has decided to postpone a planned mid-year turnaround of its fertilizer facility until October. In the meantime, the company said that in May it had to take a several day outage at the facility in order to replace a specialty catalyst. However, the company said last week that the plant is back in operation.
CVR is continuing with plans for a full conversion of its ammonia production to UAN and for the expansion of UAN capacity from 2,000 st/d to 3,000 st/d. It expects this upgrade to be in place during the second or third quarter of 2010. Of its two businesses, refining and fertilizer, CVR said that further investment in fertilizer is more attractive right now.
The company said most industry price forecasts are quite robust into 2010 for both ammonia and UAN. CVR said current ammonia prices are exceeding $660/st and UAN $400/st. CVR said that it has sold 85-90 percent of its fertilizer book through the remainder of the year.
CVR again touted its stance as the only petroleum coke-based nitrogen plant in North America, noting that with $10/mmBtu gas with an ammonia production cost of $350/st, that CVR’s own petcoke based production cost would only be around $100/st.
Another plus, said CVR, is its new Continuous Catalytic Reformer Unit in the refinery. The unit will produce hydrogen so that the refinery will no longer have to take hydrogen away from ammonia production.
LSB eyes partner for Pryor UAN off-take; chemical profits up 57 percent in 1Q
LSB Industries Inc. is looking for a potential partner that will commit to take all of the 325,000 st/y of UAN from its Pryor, Okla., nitrogen facility. LSB is seeking permits to bring the long-idled plant back up (GM April 7, p. 11). However, it has yet to make a final decision as to whether to proceed with the Pryor startup. It recently told analysts that it would prefer to find one major buyer with a good distribution network that would commit to take all the product on a year-round basis, rather than having to go out in the market to try to solicit small sales.
“We want to make sure we can sell out the plant,” Tony Shelby, LSB CFO and executive vice president, finance, told analysts.
In preparation for the potential startup, LSB says it will likely hold off on any near-term repurchases of its own stock. LSB expects the startup to cost $15-$20 million and take about a year. About half of the cost will be capitalized, while the other half would be expensed as incurred. LSB said it is also looking at other chemical expansion opportunities besides Pryor.
In the meantime, LSB said its chemical business – which includes fertilizer, industrial, and mining related nitrogen products – was the standout performer for the company in the first quarter ending March 31, 2008, with a 57 percent increase in operating profits. Chemical operating income was $12.1 million on sales of $91.3 million for the quarter, up from the year-ago $7.7 million and $73.7 million, respectively.
The company said that the improved chemical results were driven by substantially higher sales prices for fertilizer products, increased UAN tons shipped, and slightly better pricing for mining products and industrial acids. During the first quarter UAN tonnage shipped was 22 percent higher than the year-ago period, while revenues from these sales increased 109 percent. LSB gave the average published sales price per ton for the quarter as $361/st, up 58 percent from the year-ago $228/st. In the meantime, the cost of natural gas, the primary feedstock for the Cherokee, Ala., nitrogen plant, was $7.04-$9.80/mmBtu, versus the year-ago $5.30-$10.59/mmBtu.
LSB said there was depressed early demand for fertilizer in the first quarter, primarily for ammonium nitrate from the El Dorado, Ark., facility. As a result, the company sold 35 percent fewer tons of the product than the year-ago quarter. However, revenues for the product were only down 21 percent, reflecting higher prices per ton. Ammonia, the primary feedstock for El Dorado, went from the mid-$400s/mt in January to a current price of about $550/mt. However, the company noted that the majority of El Dorado’s sales are to customers who accept the cost of ammonia as a pass through. LSB hopes to grow its non-seasonal industrial business with an emphasis on customers who accept the risk inherent with raw material cost fluctuations. This is currently 60-65 percent of chemical sales.
LSB says it maintains a strong presence in the seasonal agriculture sector, which is 35-40 percent of its sales. The real growth in the chemical business is the ag side – everything else is steady.
LSB said the distribution system to the north of its facility was full, waiting to be taken down. He said LSB does not have much UAN inventory, but it will produce pretty much full out in the second quarter. At El Dorado, the movement of ammonium nitrate is a little bit slower and the company has a lot of inventory, but it expected demand to pick up in May.
LSB-wide, net income was $10.9 million ($.46 per diluted share) on sales of $160.4 million, versus the year-ago $10.8 million ($.28 per share) and $147.4 million, respectively. Net income was nearly level due to a $6.7 million provision for income taxes taken in the current quarter. LSB operating income was $19.3 million versus the year-ago $13.5 million.
LSB’s climate control business also saw increased operating profits to $9.3 million, up from $8.5 million, though sales were off. Despite national concerns over the current housing crisis, the company said its own market share in this segment continues to lead the industry. The first quarter was its highest on record for bookings. However, another concern is higher prices for copper, steel, and aluminum, which are up 25 percent since the beginning of the year.
IFA conference focuses on industry future
More than 1,600 leaders of the fertilizer industry met in Vienna, Austria, last week to discuss the impact of record prices on the industry and end users. Increased demand for fertilizer has caused the price increase because new production is not yet online.
IFA reports showed that capacity across the board remained relatively stable during the past 10-15 years, while recent demand skyrocketed in the past two years. The higher prices the industry currently enjoys are allowing companies to afford new investments in production facilities.
The problem for buyers is that the timeframe from initiation of building a new plant or opening a new mine will still be at least three years. Large fertilizer importers such as India and Pakistan will continue to face a problem of balancing their fertilizer needs and their national treasuries.
J.S. Sarna, secretary to the Indian Department of Fertilizers, told IFA delegates that the subsidies planned for the 2007-2008 fiscal year are budgeted for US$9.2 billion. Next year the amount is estimated to be US$22.5 billion. He said increases in the price paid for fertilizer cannot keep rising at current levels without a major economic and social disruption.
The rising prices and the trend for continued high prices brought out what one delegate called the largest number of financial institutions he has ever seen attending the annual event.
One Asian trader said he was dumbstruck by how many investment bankers were at the conference. He said he took as many meetings with potential financiers as he did with his regular customers.
IFA also noted that plants were operating at levels higher than anticipated, according to sources. On the average, global ammonia plants ran at 88 percent of capacity for 2007, compared to 86 percent in 2006. Urea plants ran at just above 90 percent capacity last year, a level previous estimates considered unlikely.
An IFA assessment concluded that the slight surpluses that currently exist could be cut into as capacity grows in the next five years.
One observer noted that until the new capacity is online, prices would most likely remain high. He added that high natural gas and petroleum costs would also keep adding to the final price of fertilizers.
Citizens criticize Simplot sulfuric acid plans, IDEQ regulation
At a May 21 public hearing to address the J.R. Simplot Co.’s request to remove a production limit at its No. 300 sulfuric acid plant west of Pocatello, some public citizens criticized Simplot’s proposal and the Idaho Department of Environmental Quality’s regulation of the company’s phosphate fertilizer complex.
Simplot estimates it would produce 2,000 tons of sulfuric acid per day without the 1,750-tons-per-day production limit. The IDEQ has proposed to issue an air quality permit allowing Simplot to remove the restriction without violating federal emissions standards or unreasonably impacting humans, animals, or vegetation. The state agency has extended the public comment period until June 10.
Monty Johnson, a Simplot environmental engineer, testified annual emission limits will not increase as a result of lifting the sulfuric acid production limit. Sulfur dioxide emissions would remain the same, while nitrous oxides would decrease, he said, noting most of the plant’s odor is inherent with fertilizer manufacturing and comes primarily from phosphoric acid, not sulfur dioxide.
The Don Plant discharges about 565 tons of sulfur dioxide annually. Simplot anticipates that would increase to 602 tons if the sulfuric acid production limit were removed, but that would still be below the 750 tons allowed each year under federal standards.
Citizen Roger Turner said the way IDEQ has processed Simplot’s request may violate the federal Administrative Procedures Act, because there is a lack of information regarding which other sources at Simplot’s Don Plant would actually show increased emissions by boosting the sulfuric acid plant’s output. He said granting the permit does not address a possible increase in visible emissions or odors. There’s also no indication which sources at the plant are tested annually, he said, urging IDEQ to consider reopening the permit approval process.
Greg Helm, a citizen who has lived in Pocatello for 17 years and requested the public hearing, said an inordinately high 10 percent of local residents suffer respiratory ailments, including himself and two of his children, who have asthma. He said records show that in 2007 Simplot’s plant discharged 45 tons of carbon monoxide, 112 tons of nitrous oxides, 211 tons of particulates, 1,610 tons of sulfur dioxide, 750 tons of sulfuric acid, and 3.3 tons of volatile organic compounds into the air.
Helm noted the Michaud Flats area near the phosphate plants of Simplot and FMC has been designated a Superfund site. He also expressed concerns about the air quality impacts of Hoku’s polysilicon plant in Pocatello and Southeast Idaho Energy’s coal gasification plant near American Falls ?Çô projects that are scheduled to be completed in the near future.
Melissa Gibbs, IDEQ airshed coordinator in Pocatello, noted that automobile emissions and road sanding during the winter also impact the community’s air quality.
Dale Hofhine, a retired Simplot employee, said it is irrational for the company to increase its emissions at a time when the rest of the nation is “stepping down” because of global warming concerns. “I’ve never yet seen another plant comparable to the amount of daily pollutants coming out of this plant,” Hofhine said. “You can taste it.”
About 30 people attended the hearing and a public information session that preceded it.
Congress overrides veto, passes 2008 Farm Bill
Both the House and Senate voted on May 22 to override a presidential veto of the 2008 Farm Bill, putting the full $307 billion legislation on track to become law. The legislative process was not without some hiccups, however, as a portion of the bill was mistakenly left out of the package sent to and vetoed by President Bush on May 21.
According to the Agricultural Retailers Association, which supported the bill and praised Congress for overriding the president’s veto, the Trade title of the 2008 Farm Bill Conference Report was inadvertently left out of the version sent to the President. As a result, this title will not yet become law even with the veto override, since it was not part of the version vetoed by President Bush. ARA reported that the House on May 22 approved the farm bill agreement with the trade title as a precautionary step in case of any constitutional challenges to the legislation.
The bill, criticized by President Bush as being too expensive and bloated with earmarks at a time when U.S. farmers are enjoying higher crop prices and improved farm income, was approved in the House by a vote of 306 to 110, and in the Senate shortly thereafter by a vote of 82 to 13. The margins of support in both chambers were more than enough to defeat the veto that President Bush cast on Wednesday. Senate Agriculture Committee Chairman Tom Harkin (D-Iowa ) said on the Senate floor Thursday that all of the farm bill titles except for the trade title are now law with the Senate’s farm bill override vote.
The bill includes the Agricultural Chemicals Security Credit provision, which will provide a tax credit to agricultural retailers, distributors, and other eligible agricultural businesses that improve security at their fertilizer and pesticide storage facilities. The measure was supported by ARA and The Fertilizer Institute. The final bill also includes additional funding for tank locks and additives to reduce the production of methamphetamine from anhydrous ammonia, and measures to increase federal oversight authority to detect and prevent manipulation and limit speculation in U.S. electronic energy markets by increasing reporting requirements.
“We are pleased that the Agricultural Chemicals Security Credit provision and other key policy priorities such as reforms to the Technical Service Providers (TSP) program, anhydrous ammonia nurse tank grant program, and increased transparency and oversight of energy trades were maintained in the 2008 Farm Bill,” said ARA President and CEO Jack Eberspacher. “We applaud Senator Pat Roberts (R-Kan.) for spearheading efforts on the inclusion of the Agricultural Chemicals Security Credit provision. ARA also thanks all members of the conference committee and other Senate and House members that assisted on this proposal.”
Among the many provisions in the five-year legislation, the 2008 Farm Bill will boost nutrition programs, including food stamps and emergency domestic food aid, by some $10 billion; increase subsidies for certain crops, including fruits and vegetables excluded from previous farm bills; extend dairy programs; increase loan rates for sugar producers, and urge the government to buy surplus sugar and sell it to ethanol producers for use in a mixture with corn; cut a per-gallon ethanol tax credit for refiners from 51 cents to 45 cents, and push more money to cellulosic ethanol; stop allowing farmers to collect subsidies for multiple farm businesses; and pay farmers for weather-related farm losses from a new $3.8 billion disaster relief fund.
In his May 21 letter to the House vetoing the bill, President Bush criticized the legislation on several grounds. “At a time of high food prices and record farm income, this bill lacks program reform and fiscal discipline,” he said. “It continues subsidies for the wealthy and increases farm bill spending by more than $20 billion, while using budget gimmicks to hide much of the increase.” Bush also said the bill was inconsistent with his administration’s objectives in international trade negotiations, and needlessly expands the size of government.
“At a time when net farm income is projected to increase by more than $28 billion in 1 year, the American taxpayer should not be forced to subsidize that group of farmers who have adjusted gross incomes of up to $1.5 million,” Bush said. “When commodity prices are at record highs, it is irresponsible to increase government subsidy rates for 15 crops, subsidize additional crops, and provide payments that further distort markets.”
ARA, TFI, and CropLife America, along with some 1,050 other associations and trade groups, sent letters on May 21 to both the House and Senate urging them to override Bush’s veto.
“Communities across the nation, from urban to rural, have waited too long for this legislation,” the letter stated. “The Conference Report makes significant farm policy reforms, protects the safety net for all of America’s food producers, addresses important infrastructure needs for specialty crops, increases funding to feed our nation’s poor, and enhances support for important conservation initiatives. This is by no means a perfect piece of legislation, and none of our organizations achieved everything we had individually requested. However, it is a carefully balanced compromise of policy priorities that has broad support among organizations representing the nation’s agriculture, conservation, and nutrition interests.”
The Andersons to buy three lime facilities
Maumee, Ohio-The Andersons Inc. said May 22 that it has recently signed a letter of intent to purchase three pelleted lime production facilities in Ohio, Illinois, and Nebraska to expand the pelleted lime capabilities of its Plant Nutrient Group. The Andersons is pursuing the purchase of Mineral Processing Inc., in Carey, Ohio, ASC Mineral processing in Fairmont, Ill., and Platte River Pelletizing in Weeping Water, Neb., all of which are owned and operated by the Allen family of Allerton, Ill. “This acquisition will expand our service area, our production and distribution capabilities and enable us to increase our service levels to customers,” said The Andersons CEO Mike Anderson. “The acquisition would make us the largest producer of pelleted lime in North America.” The transaction is scheduled to close later this year, pending completion of due diligence, approval of The Andersons board and selling shareholders, negotiation of documents, and any applicable regulatory agencies. “We are excited about what this transaction means to the future of these operations,” says Vicki Allen, a representative for the family owners. “It is our sincere belief that The Andersons can carry on the dream our family has spent more than two decades pursuing.”
Burrup Holdings launches $2.5 B IPO
Perth-Burrup Holdings Ltd. on May 19 lodged its prospectus for an initial public offering (IPO) to list on the Australian Securities Exchange. Burrup claims to have the largest single train merchant ammonia plant in the world, which it says will produce 800,000 mt of ammonia in fiscal 2009. The offering is to certain employee, retail, and institutional investors, and is expected to raise between $390-$502 million, with the share price ranging from $1.75-$2.25. Based on this range, market capitalization would be $1.95-2.5 billion. The offer comprises a sell-down of shares by existing shareholders, Pankaj Oswal as trustee for the Burrup Trust, and Yara Australia Pty Ltd., as well as an issue of new shares by Burrup Holdings. Going into the IPO the company was owned 70 percent by Oswal/Burrup Trust and 30 percent by Yara. After the IPO, it will be 53 percent Oswal/Burrup Trust, 27 percent Yara, and 20 percent new shareholders. Yara has a 20 year off-take and marketing agreement for the Burrup ammonia. Just last week (GM May 19, p. 11), Burrup and Yara announced plants to build a 350,000 mt/y technical ammonium nitrate plant in Australia.
OCP, Libya sign $1B MOU
Jorf Lasfar-Morocco’s Office Cherifien des Phosphates (OCP) and the Libya-Africa Investment Portfolio have signed a US$1 billion memorandum of understanding on the feasibility study to build three production facilities for phosphoric acid, ammonia, and fertilizers. Under the agreement, a $350 million phos acid plant that could produce 1 million mt/y would be built in Jorf Lasfar. A $500 million, 800,000 mt/y ammonia plant would be built in Libya. A $150 million fertilizer plant, reportedly DAP, would also be built in either Libya or Morocco.