Notice2025-15132
Phosphate Fertilizers From the Russian Federation: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2023
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
August 8, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to Joint Stock Company Apatit (JSC Apatit), a producer and exporter of phosphate fertilizers from the Russian Federation (Russia). The period of review (POR) is January 1, 2023, through December 31, 2023. In addition, Commerce is rescinding this review with respect to Industrial Group Phosphorite LLC. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 90 Issue 151 (Friday, August 8, 2025)</title>
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[Federal Register Volume 90, Number 151 (Friday, August 8, 2025)]
[Notices]
[Pages 38441-38442]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15132]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-821-825]
Phosphate Fertilizers From the Russian Federation: Preliminary
Results and Partial Rescission of Countervailing Duty Administrative
Review; 2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to Joint
Stock Company Apatit (JSC Apatit), a producer and exporter of phosphate
fertilizers from the Russian Federation (Russia). The period of review
(POR) is January 1, 2023, through December 31, 2023. In addition,
Commerce is rescinding this review with respect to Industrial Group
Phosphorite LLC. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable August 8, 2025.
FOR FURTHER INFORMATION CONTACT: Shane Subler or Henry Wolfe, 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)
482-0574, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 12, 2024, Commerce published a notice of initiation of an
administrative review of the countervailing duty order on phosphate
fertilizers from Russia.\1\ On November 25, 2024, Commerce postponed
the preliminary results of this review until May 7, 2025, in accordance
with section 751(a)(3)(A) of Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.213(h)(2).\2\ On July 22, 2024, and December 9, 2024,
Commerce tolled certain deadlines in this administrative proceeding by
seven and 90 days, respectively. The deadline for the preliminary
results is now August 5, 2025.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 49859 (June 12, 2024); see also
Phosphate Fertilizers from the Kingdom of Morocco and the Russian
Federation: Countervailing Duty Orders, 86 FR 18037 (April 7, 2021)
(Order).
\2\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated
November 25, 2024.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\3\
A list of topics included in the Preliminary Decision Memorandum is
provided as 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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\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results and Partial Rescission of the Countervailing Duty
Administrative Review of Phosphate Fertilizers from the Russian
Federation; 2023,'' dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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Scope of the Order
The product covered by the Order is phosphate fertilizers. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Rescission of Administrative Review, In Part
Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an
administrative review when there are no reviewable suspended entries.
Based on our analysis of U.S. Customs and Border Protection (CBP)
information, we preliminarily determine that Industrial Group
Phosphorite LLC, had no entries of subject merchandise during the POR.
On July 9, 2024, we notified parties that we intended to rescind this
administrative review with respect to the one company which had no
reviewable suspended entries.\4\ No parties commented on the
notification of intent to rescind the review, in part. We are therefore
rescinding the administrative review of this company which had no
reviewable suspended entries. For further information, see the
Preliminary Decision Memorandum the at ``Partial Rescission of
Administrative Review'' section.
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\4\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated July 9, 2024.
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Methodology
Commerce is conducting this administrative review in accordance
with 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For
each of the subsidy programs found countervailable, Commerce
preliminarily determines that there is a subsidy, i.e., a financial
contribution by an ``authority'' that gives rise to a benefit to the
recipient, and that the subsidy is specific.\5\ For a full description
of the methodology underlying our conclusions, including our reliance,
in part, on facts otherwise available with adverse inferences pursuant
to sections 776(a) and (b) of the Act, see the Preliminary Decision
Memorandum.
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\5\ 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
following net countervailable subsidy rate exists for the POR, January
1, 2023, through December 31, 2023:
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Subsidy rate
Company (percent ad
valorem)
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Joint Stock Company Apatit \6\.......................... 64.27
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Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
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\6\ As discussed in the Preliminary Decision Memorandum,
Commerce preliminarily 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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Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR
351.309(c)(1)(ii), we have modified the deadline for interested parties
to submit case briefs to Commerce to no later than 21 days after the
date of the publication of this notice.\7\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed not later than five days
after the date for filing case briefs.\8\ Interested
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parties who submit case briefs or rebuttal briefs in this proceeding
must submit: (1) a table of contents listing each issue; and (2) a
table of authorities.\9\
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\7\ See 19 CFR 351.309.
\8\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Procedures).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their briefs that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\10\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\11\
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\10\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\11\ See APO and Service Procedures.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice. Requests should contain: (1) the party's
name, address, and telephone number; (2) the number of participants;
and (3) a list of issues to be discussed. Oral presentations at the
hearing will be limited to issues raised in the briefs. If a request
for a hearing is made, Commerce will inform parties of the scheduled
date for the hearing.\12\
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\12\ See 19 CFR 351.310(d).
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Final Results of Review
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.
Assessment Rates
In accordance with 19 CFR 351.221(b)(4)(i), Commerce has
preliminarily assigned a subsidy rate as indicated above. Consistent
with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), upon
issuance of the final results, Commerce shall determine, and U.S.
Customs and Border Protection (CBP) shall assess, countervailing duties
on all appropriate entries covered by this review. For the company for
which this review is rescinded, Commerce will instruct CBP to assess
countervailing duties on all appropriate entries at a rate equal to the
cash deposit of estimated countervailing duties required at the time of
entry, or withdrawal from warehouse, for consumption, during the period
January 1, 2023, through December 31, 2023. We intend to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of this notice in the Federal Register.
For the company remaining under review, Commerce intends 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
Pursuant to section 751(a)(2)(C) 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 indicated
above with regard to shipments of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of the final results of this review. For all non-reviewed
firms, we will instruct CBP to continue to collect cash deposits of
estimated countervailing duties at the most recent company-specific or
all-others rate applicable to the company, as appropriate. These cash
deposit instructions, when imposed, shall remain in effect until
further notice.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: August 5, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Partial Rescission of Review
IV. Scope of the Order
V. Subsidies Valuation Information
VI. Interest Rate Benchmarks and Benchmarks for Measuring the
Adequacy of Remuneration
VII. Use of Facts Otherwise Available and Application of Adverse
Inferences
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2025-15132 Filed 8-7-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 8, 2025.
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