Notice2023-24474
Phosphate Fertilizers From the Russian Federation: Final Results of 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
November 6, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Joint Stock Company Apatit (JSC Apatit), a producer/exporter of phosphate fertilizers from the Russian Federation (Russia), received countervailable subsidies during the period of review (POR), November 30, 2020, through December 31, 2021.
Full Text
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<title>Federal Register, Volume 88 Issue 213 (Monday, November 6, 2023)</title>
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[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Notices]
[Pages 76182-76183]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24474]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-821-825]
Phosphate Fertilizers From the Russian Federation: Final Results
of Countervailing Duty Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Joint Stock Company Apatit (JSC Apatit), a producer/exporter of
phosphate fertilizers from the Russian Federation (Russia), received
countervailable subsidies during the period of review (POR), November
30, 2020, through December 31, 2021.
DATES: Applicable November 6, 2023.
FOR FURTHER INFORMATION CONTACT: Shane Subler or William Horn, 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) 482-6241 or (202)
482-4868, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the preliminary results of this administrative
review on May 4, 2023.\1\ On August 4, 2023, Commerce extended the
deadline for the final results of this review to no later than October
31, 2023.\2\ For a description of the events that occurred since the
Preliminary Results, see the Issues and Decision Memorandum.\3\
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\1\ See Phosphate Fertilizers from the Russian Federation:
Preliminary Results and Partial Rescission of the Countervailing
Duty Administrative Review; 2020-2021, 88 FR 28505, 28506 (May 4,
2023) (Preliminary Results) and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review,'' dated August 4, 2023.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Phosphate Fertilizers from the Russian Federation; 2020-2021,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
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We conducted this review in accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
Scope of the Order \4\
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\4\ See Phosphate Fertilizers from the Kingdom of Morocco and
the Russian Federation: Countervailing Duty Orders, 86 FR 18037
(April 7, 2021) (Order).
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The products covered by this Order are phosphate fertilizers. For a
complete description of the scope of this Order, see the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised in interested parties' case briefs are addressed
in the Issues and Decision Memorandum accompanying this notice. A list
of the issues raised by parties, and to which Commerce responded in the
Issues and Decision Memorandum, is provided in the appendix to this
notice. The Issues and 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 Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
[[Page 76183]]
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding the Preliminary Results, and for the
reasons explained in the Issues and Decision Memorandum, we made
certain revisions to the subsidy calculations for JSC Apatit. These
changes are explained in the Issues and Decision Memorandum.
Final Results of Administrative Review
In accordance with 19 CFR 351.221(b)(4)(i), we calculated an
individual net countervailable subsidy rate for JSC Apatit. Commerce
determines that, during the POR, the net countervailable subsidy rate
for the company under review is as follows:
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Subsidy rate
Company (percent ad
valorem)
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Joint Stock Company Apatit \5\.......................... 28.50
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Disclosure
Commerce intends to disclose the calculations performed for these
final results of review within five days of the date of publication of
this notice in the Federal Register, in accordance with 19 CFR
351.224(b).
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\5\ As discussed in the Preliminary Results PDM, Commerce finds
the following companies to be cross-owned with JSC Apatit: PhosAgro
Public Joint Stock Company; Limited Liability Company PhosAgro-
Region; Limited Liability Company PhosAgro-Belgorod; Limited
Liability Company PhosAgro-Don; Limited Liability Company PhosAgro-
Kuban; Limited Liability Company PhosAgro-Lipetsk; Limited Liability
Company PhosAgro-Kursk; Limited Liability Company PhosAgro-Orel;
Limited Liability Company PhosAgro-Stavropol; Limited Liability
Company PhosAgro-Volga; Limited Liability Company PhosAgro-
SeveroZapad; Limited Liability Company PhosAgro-Tambov; and Limited
Liability Company PhosAgro-Sibir.
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Assessment Rate
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, countervailing duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review, for the above-listed company at the applicable ad valorem
assessment rate. 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
with 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 Rates
In accordance with section 751(a)(1) of the Act, Commerce intends
to instruct CBP to collect cash deposits of estimated countervailing
duties in the amount shown for JSC Apatit on shipments of the 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 requirement, effective upon the
publication of the final results of this review, shall remain in effect
until further notice.
Administrative Protective Order
This notice also serves as a final 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(a)(3). Timely
written notification of the return/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 sanctionable
violation.
Notification to Interested Parties
These final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: October 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Use Of Facts Otherwise Available and Adverse Inferences
V. Subsidies Valuation
VI. Analysis of Programs
VII. Discussion of the Issues
Comment 1: Whether Commerce Should Calculate JSC Apatit's
Subsidy Rate Based on Data for the Entire Period of Review or
Calendar Year
Provision of Mining Rights for Less Than Adequate Remuneration
(LTAR)
Comment 2a: Whether the Provision of Mining Rights Provides a
Financial Contribution
Comment 2b: Whether Mining Rights Should Be Valued Based on
Phosphate Rock
Comment 2c: Whether Commerce Unlawfully Departed from Its
Practice of Applying a Cut-off Date with Respect to Russia
Comment 2d: Whether Commerce Should Use JSC Apatit's Gross
Profit Figure in the Profit Ratio Calculation
Comment 2e: Whether Commerce Should Subtract Certain Costs JSC
Apatit Incurred to Maintain Its Post-2002 Licenses
Comment 2f: Whether Commerce Erred in Its Calculation of the
Tier 3 Benchmark by Double Counting Volumes, Values, and Resulting
Average Unit Values (AUVs) for Brazil and South Africa
Comment 2g: Whether Commerce Erroneously Excluded Export Volume
and Value Data, and Resulting AUVs, for Togo and Iran in Its Tier 3
Benchmark Calculation
Comment 2h: Whether Commerce Should Calculate the Benchmark in
the Manner Proposed by ADM
Comment 2i: Whether Commerce Should Adjust the South Africa
Export Data to Eliminate Distorted Export Prices
Comment 2j: Whether Commerce Should Rely on Benchmark Sources
Other Than United Nations Comtrade and IHS Markit's Global Trade
Atlas
Comment 2k: Whether Commerce Should Revise JSC Apatit's Cost of
Sales for the Benefit Calculation
Comment 2l: Whether Commerce Should Add International Ocean
Freight Costs to the Benchmark
Comment 2m: Whether Commerce Should Place the Calculation
Memorandum and Worksheets from the Preliminary Results of the
Phosphate Fertilizers from Morocco 2020-21 Administrative Review on
the Record
Provision of Natural Gas for LTAR
Comment 3a: Whether Commerce Should Reject Kazakh Export Data as
a Natural Gas Benchmark and Use European International Energy Agency
Data Instead
Comment 3b: Whether Commerce Should Countervail JSC Apatit's
Natural Gas Purchases from Independent Suppliers
Other Program-Specific Issues
Comment 4: Whether Commerce Properly Determined that the Vologda
Region's Support of Industrial Development Program Is De Facto
Specific
Comment 5: Whether Commerce Should Use a Different Interest Rate
Benchmark for the Russian Export Center Joint-Stock Company Lending
Program
VIII. Recommendation
[FR Doc. 2023-24474 Filed 11-3-23; 8:45 am]
BILLING CODE 3510-DS-P
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