Notice2023-24581
Phosphate Fertilizers From the Kingdom of Morocco: 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 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that OCP S.A. (OCP), a producer/exporter of phosphate fertilizers from the Kingdom of Morocco (Morocco), 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 214 (Tuesday, November 7, 2023)</title>
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[Federal Register Volume 88, Number 214 (Tuesday, November 7, 2023)]
[Notices]
[Pages 76726-76727]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24581]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-714-001]
Phosphate Fertilizers From the Kingdom of Morocco: 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 OCP
S.A. (OCP), a producer/exporter of phosphate fertilizers from the
Kingdom of Morocco (Morocco), received countervailable subsidies during
the period of review (POR), November 30, 2020, through December 31,
2021.
DATES: Applicable November 7, 2023.
FOR FURTHER INFORMATION CONTACT: Jaron Moore or Robert Palmer, 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)
482-9068, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the preliminary results of this administrative
review on May 5, 2023.\1\ On August 23, 2023, Commerce extended the
deadline for the final results of this review to no later than November
1, 2023.\2\ For a description of the events that occurred since the
Preliminary Results, see the Issues and Decision Memorandum.\3\ We
conducted this review in accordance with section 751 of the Tariff Act
of 1930, as amended (the Act).
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\1\ See Phosphate Fertilizers from the Kingdom of Morocco:
Preliminary Results of Countervailing Duty Administrative Review;
2020-2021, 88 FR 29089 (May 5, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review,'' dated August 23, 2023.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Phosphate Fertilizers from the Kingdom of Morocco; 2020-2021,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
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Scope of the Order
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>.
Verification
As provided in section 782(i) of the Act, in September 2023,
Commerce conducted an on-site verification of the subsidy information
reported by OCP and the Government of Morocco. We used standard on-site
verification procedures, including an examination of relevant
accounting records and original source documents provided by the
respondent.
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 OCP. 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 OCP. 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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OCP S.A. \4\............................................ 2.12
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Disclosure
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\4\ Commerce has found the following companies to be cross-owned
with OCP S.A.: Jorf Fertilizers Company I; Jorf Fertilizers Company
II; Jorf Fertilizers Company III; Jorf Fertilizers Company IV; and
Jorf Fertilizers Company V.
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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).
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 OCP 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
an 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).
[[Page 76727]]
Dated: November 1, 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
General
Comment 1: Whether to Accept OCP's Payroll Tax Refund as a Minor
Correction
Comment 2: Whether Commerce's ``Other Assistance'' Question Is
Contrary to Law
Comment 3: Whether Commerce Can Seek Information About the
Provision of Rail Service for Less Than Adequate Remuneration (LTAR)
and Direct Loans
Comment 4: Whether Maroc Phosphore Is a Reporting Entity
Provision of Mining Rights for LTAR
Comment 5: Whether Commerce Should Revise the Phosphate Rock
Benchmark
Comment 6: Whether to Include or Exclude Headquarters (HQ),
Support, and Debt Costs in the Costs of Producing Phosphate Rock
Comment 7: The Cost of Production (COP) Profit Rate
Comment 8: Whether Commerce Should Apply Adverse Facts Available
(AFA) and Disregard OCP's Reported Costs of Production for Phosphate
Rock
Comment 9: Whether Commerce Should Adjust the Phosphate Rock
Benchmark for Freight
Reductions in Tax Fines and Penalties
Comment 10: Whether the Reductions in Tax Fines and Penalties Is
Specific
Provision of Port Services for LTAR
Comment 11: Whether Agence Nationale des Ports' (ANP) Provision
of Port Services and Infrastructure to OCP Constitutes a Financial
Contribution
Comment 12: Whether ANP's Provision of Port Services Is De Facto
Specific
Comment 13: Whether ANP's Provision of Port Services Confers a
Benefit Customs Duty Exemption for Capital Goods, Machinery, and
Equipment
Comment 14: Whether to Correct a Ministerial Error in the
Benefit Calculation for the Customs Duty Exemptions for Capital
Goods, Machinery, and Equipment Program
VIII. Recommendation
[FR Doc. 2023-24581 Filed 11-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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