Notice2023-09594
Phosphate Fertilizers From the Kingdom of Morocco: Preliminary Results of the Countervailing Duty Administrative Review, 2020-2021
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 5, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of phosphate fertilizers from the Kingdom of Morocco (Morocco). The period of review (POR) is November 30, 2020, through December 31, 2021.
Full Text
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<title>Federal Register, Volume 88 Issue 87 (Friday, May 5, 2023)</title>
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[Federal Register Volume 88, Number 87 (Friday, May 5, 2023)]
[Notices]
[Pages 29089-29090]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09594]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-714-001]
Phosphate Fertilizers From the Kingdom of Morocco: Preliminary
Results of the Countervailing Duty Administrative Review, 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of phosphate fertilizers from the Kingdom of
Morocco (Morocco). The period of review (POR) is November 30, 2020,
through December 31, 2021.
DATES: Applicable May 5, 2023.
FOR FURTHER INFORMATION CONTACT: Jaron Moore or Janae Martin, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-3640 or (202)
482-0238, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 2, 2022, we received a request from the petitioner \1\ to
conduct an administrative review with respect to OCP S.A. (OCP).\2\ On
June 9, 2022, Commerce published a notice of initiation of an
administrative review of the countervailing duty (CVD) order on
phosphate fertilizers from Morocco.\3\ On June 28, 2022, Commerce
issued its initial questionnaire to OCP and the Government of Morocco
as mandatory respondents in this administrative review.\4\ On December
2, 2022, Commerce extended the deadline for the preliminary results of
this review.\5\
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\1\ The Mosaic Company (the petitioner).
\2\ See Petitioner's Letter, ``Request for Countervailing Duty
Administrative Review,'' dated May 2, 2022.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 35165 (June 9, 2022); see also
Phosphate Fertilizers from the Kingdom of Morocco and the Russian
Federation: Countervailing Duty Orders, 86 FR 18037 (April 7, 2021)
(Order).
\4\ See Commerce's Letter, ``Countervailing Duty
Questionnaire,'' dated June 28, 2022.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of the 2020-2021 Countervailing Duty Administrative
Review,'' dated December 2, 2022.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
A list of topics discussed in the Preliminary Decision Memorandum is
included at the appendix to this notice. The Preliminary 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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx/">https://access.trade.gov/public/FRNoticesListLayout.aspx/</a>.
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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review; 2020-2021:
Phosphate Fertilizers from the Kingdom of Morocco,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The merchandise covered by the Order is phosphate fertilizers. For
a complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we preliminarily
determine that there is a subsidy, i.e., a financial contribution from
an authority that gives rise to a benefit to the recipient, and that
the subsidy is specific.\7\ For a full description of the methodology
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underlying our conclusions, see the Preliminary Decision Memorandum.
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\7\ 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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Preliminary Results of Review
As a result of this review, we preliminarily determine the net
countervailable subsidy rate to be:
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Subsidy rate
Producer/exporter (percent ad
valorem)
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OCP S.A................................................ 14.49
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Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information relied upon for its final results.
Disclosure and Public Comment
We intend to disclose to interested parties the calculations
performed for these preliminary results within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b). A
timeline for the submission of case and rebuttal briefs and written
comments will be provided to interested parties at a later date.\8\
Note that Commerce has temporarily modified certain of its requirements
for serving documents containing business proprietary information,
until further notice.\9\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this review are
encouraged to submit with each argument: (1) a statement of the issue;
(2) a brief summary of the argument; and (3) a table of authorities.
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\8\ See 19 CFR 351.309(c) and (d).
\9\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
Unless the deadline is extended, we intend to issue the final
results of this administrative review, which will include the results
of our analysis of the issues raised in the case briefs, within 120
days of publication of these preliminary results in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR
351.213(h).
Assessment Rate
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
assigned the subsidy rate in the amount shown above for OCP. Upon
completion of the administrative review, consistent with section
751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by this
review.
We will instruct CBP to assess countervailing duties on all
appropriate entries at the subsidy rate calculated in the final results
of this review. We intend to issue assessment instructions to CBP no
earlier than 35 days after the date of publication of the final results
of this review in the Federal Register. If a timely summons is filed at
the U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
In accordance with section 751(a)(1) of the Act, Commerce intends,
upon publication of the final results, to instruct CBP to collect cash
deposits of estimated countervailing duties in the amount shown for OCP
on shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this administrative review. The cash deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Interested Parties
These preliminary results are issued and published pursuant to
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: April 28, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation Information
V. Interest Rate Benchmarks and Benchmarks for Measuring the
Adequacy of Remuneration
VI. Analysis of Programs
VII. Recommendation
[FR Doc. 2023-09594 Filed 5-4-23; 8:45 am]
BILLING CODE 3510-DS-P
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