Notice2024-26178
Phosphate Fertilizers From the Kingdom of Morocco: Final Results of Countervailing Duty Administrative Review; 2022
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 12, 2024
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), January 1, 2022, through December 31, 2022.
Full Text
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<title>Federal Register, Volume 89 Issue 218 (Tuesday, November 12, 2024)</title>
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[Federal Register Volume 89, Number 218 (Tuesday, November 12, 2024)]
[Notices]
[Pages 88952-88953]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26178]
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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; 2022
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), January 1, 2022, through December 31, 2022.
DATES: Applicable November 12, 2024.
FOR FURTHER INFORMATION CONTACT: Jaron Moore or Faris Montgomery, 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)
482-1537, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the preliminary results of this administrative
review on May 2, 2024.\1\ On July 22, 2024, Commerce tolled certain
deadlines in this administrative proceeding by seven days.\2\ On August
1, 2024, Commerce extended the deadline for the final results of this
review to no later than November 5, 2024.\3\
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\1\ See Phosphate Fertilizers from the Kingdom of Morocco:
Preliminary Results of the Countervailing Duty Administrative
Review, 2022, 89 FR 35800 (May 2, 2024) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ See Memorandum, ``Extension of Deadline for the Final
Results of Countervailing Duty Administrative Review,'' dated August
1, 2024.
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For a summary of the events that occurred since the Preliminary
Results, see the Issues and Decision Memorandum.\4\ 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>.
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\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Phosphate Fertilizers from the Kingdom of Morocco; 2022,'' 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
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
The issues raised by parties in this administrative review are
addressed in the Issues and Decision Memorandum. A list of the issues
addressed in the Issues and Decision Memorandum is provided in the
appendix to this notice.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding the Preliminary Results, we made certain
revisions to
[[Page 88953]]
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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\5\ 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; Jorf
Fertilizers Company V; and OCP Nutricrops S.A.
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Subsidy rate (percent ad
Company valorem)
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OCP S.A. \5\.................................. 16.81
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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).
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 (APO)
This notice also serves as a final reminder to parties subject to
an 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: November 5, 2024.
Abdelali Elouaradia,
Deputy 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. Subsidies Valuation
V. Analysis of Programs
VI. Discussion of the Issues
Comment 1: Whether Commerce Can Seek Information Regarding
Previously Investigated Programs That Commerce Found Conferred No
Benefit and ``Other Assistance'' Provided by the GOM
Comment 2A: Whether Commerce Should Revise the Phosphate Rock
Benchmark for the Provision of Phosphate Mining Rights for Less Than
Adequate Remuneration (LTAR) Program
Comment 2B: Whether Commerce Should Include Headquarters (HQ),
Support, and Debt Costs in the Costs of Producing Phosphate Rock for
the Benchmark for the Provision of Phosphate Mining Rights for LTAR
Program
Comment 2C: Whether Commerce Should Revise the Methodology for
the Calculation of OCP's Profit Rate Used in its Valuation of OCP's
Phosphate Rock
Comment 3A: Whether Certain of OCP's Land Purchases Provided a
Financial Contribution from the GOM
Comment 3B: Whether the Provision of Land for LTAR is Specific
Comment 3C: Whether Commerce Should Include Certain Land
Transactions in the Benchmark Calculation for the Provision of Land
for LTAR
Comment 3D: Whether Commerce Should Include OCP's Land
Transactions Subject to Ongoing Judicial Proceedings in the Benefit
Calculation for the Provision of Land for LTAR
Comment 3E: Whether Commerce Should Correct Arithmetical Errors
in the Provision of Land for LTAR Calculation of Benefit
Comment 4: Whether Commerce Should Include Transactions from
Countries with Free Trade Agreements (FTAs) with Morocco in OCP's
Benefit Calculation for the Customs Duty Exemptions for Capital
Goods, Machinery, and Equipment Program
Comment 5: Whether the Provision of Port Services and
Infrastructure for LTAR Program Provided a Countervailable Benefit
to OCP During the POR
Comment 6: Whether Marsa Maroc's Provision of Port and Vessel
Services is Consistent with Market Principles
Comment 7: Whether Commerce Should Make Certain Changes to its
Cash Deposit Instructions
VII. Recommendation
[FR Doc. 2024-26178 Filed 11-8-24; 8:45 am]
BILLING CODE 3510-DS-P
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