Phosphate Fertilizers From the Kingdom of Morocco and the Russian Federation: Postponement of Preliminary Determinations in the Countervailing Duty Investigations, 54535-54536 [2020-19410]
Download as PDF
Federal Register / Vol. 85, No. 171 / Wednesday, September 2, 2020 / Notices
jbell on DSKJLSW7X2PROD with NOTICES
(in whole or in part), if it concludes
that: (i) Producers accounting for
substantially all of the production of the
domestic like product to which the
order pertains have expressed a lack of
interest in the relief provided by the
order, in whole or in part; or (ii) if other
changed circumstances sufficient to
warrant revocation exist. Thus, both the
Act and Commerce’s regulations require
that ‘‘substantially all’’ domestic
producers express a lack of interest in
the order for Commerce to revoke the
order, in whole or in part.6 Commerce
has interpreted ‘‘substantially all’’ to
represent producers accounting for at
least 85 percent of U.S. production of
the domestic like product.7
Hanwha Q CELL USA, Inc. (Q CELL
USA) and SunPower Manufacturing
Oregon, LLC (SPMOR) submitted
statements of lack of interest in the
continued application of the Solar
Products Orders with respect to certain
off-grid portable small panels described
below. However, these statements did
not confirm that Q CELL USA and
SPMOR account for substantially all
domestic production of certain
crystalline silicon photovoltaic
products.8 Thus, Commerce did not
determine at the time it initiated this
changed circumstances review whether
producers accounting for substantially
all of the production of the domestic
like product lacked interest. In the
Initiation Notice, Commerce invited
interested parties to comment on the
issue of domestic industry support for a
partial revocation of the Solar Products
Orders with respect to such panels.
Commerce received no comments.
In light of Memory Experts’ Request,
Q CELL USA and SPMOR’s statement of
lack of interest, and the absence of any
interested party comments received
during the comment period, we
preliminarily conclude that producers
accounting for substantially all of the
production of the domestic like product
to which the Solar Products Orders
pertain lack interest in the relief
provided by the Solar Products Orders
with respect to certain off-grid portable
small panels that are the subject of
Memory Experts’ Request. Thus, we
determine that changed circumstances
6 See Section 782(h) of the Act and 19 CFR
351.222(g).
7 See Honey from Argentina; Antidumping and
Countervailing Duty Changed Circumstances
Reviews; Preliminary Intent to Revoke Antidumping
and Countervailing Duty Orders, 77 FR 67790,
67791 (November 14, 2012)(Honey Preliminary CCR
Results), unchanged in Honey from Argentina; Final
Results of Antidumping and Countervailing Duty
Changed Circumstances Reviews; Revocation of
Antidumping and Countervailing Duty Orders, 77
FR 77029 (December 31, 2012).
8 See Initiation Notice.
VerDate Sep<11>2014
17:33 Sep 01, 2020
Jkt 250001
54535
warrant revocation of the Solar Products
Orders, in part, with respect to such
panels.
Accordingly, we are notifying the
public of our intent to revoke the Solar
Products Orders, in part, with respect to
the following off-grid portable small
panels:
(1) Off-grid crystalline silicon
photovoltaic panels without a glass
cover with the following characteristics:
(a) Total power output of 500 watts or
less per panel;
(b) Maximum surface area of 8,000
cm2 per panel;
(c) Unit does not include a built-in
inverter;
(d) Unit has visible parallel grid
collector metallic wire lines every 2–40
millimeters across each solar panel
(depending on model);
(e) Solar cells are encased in
laminated frosted PET material without
stitching; 9
(f) The panel is encased in polyester
fabric with visible stitching which
includes a Velcro-type storage pocket
and unit closure, or encased within a
Neoprene clamshell (depending on
model);
(g) Includes LED indicator.
We will consider comments from
interested parties on these preliminary
results before issuing the final results of
this review.10
containing business proprietary
information, until further notice.12
Commerce will issue the final results
of these changed circumstances reviews,
which will include its analysis of any
written comments, no later than 270
days after the date on which this review
was initiated.
If, in the final results of these reviews,
Commerce continues to determine that
changed circumstances warrant the
revocation of the Solar Products Orders,
in part, we will instruct U.S. Customs
and Border Protection to liquidate
without regard to antidumping or
countervailing duties, and to refund any
estimated antidumping or
countervailing duties on all
unliquidated entries of the merchandise
covered by the revocation that are not
covered by the final results of an
administrative review or automatic
liquidation.
The current requirement for cash
deposits of estimated antidumping and
countervailing duties on all entries of
subject merchandise will continue
unless until they are modified pursuant
to the final results of these changed
circumstances reviews.
These preliminary results of reviews
and notice are in accordance with
sections 751(b) and 777(i) of the Act and
19 CFR 351.216, 19 CFR 351.221(c)(3),
and 19 CFR 351.222.
Public Comment
Dated: August 27, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Interested parties are invited to
comment on these preliminary results in
accordance with 19 CFR
351.309(c)(1)(ii). Written comments may
be submitted no later than 14 days after
the date of publication of these
preliminary results. Rebuttals to written
comments, limited to issues raised in
such comments, may be filed no later
than seven days after the due date for
comments. All submissions must be
filed electronically using Enforcement
and Compliance’s AD and CVD
Centralized Electronic Service System
(ACCESS).11 An electronically filed
document must be received successfully
in its entirety by ACCESS, by 5 p.m.
Eastern Time on the due dates set forth
in this notice. Note that Commerce has
temporarily modified certain of its
requirements for serving documents
9 Although the polyester material has stitching on
the perimeter of the unit, the cells are not stitched
into the PET material.
10 See, e.g., Honey Preliminary CCR Results, 77
FR 67790, 67791 (November 14, 2012); Aluminum
Extrusions from the People’s Republic of China:
Preliminary Results of Changed Circumstances
Reviews, and Intent to Revoke Antidumping and
Countervailing Duty Orders in Part, 78 FR 66895
(November 7, 2013); and 19 CFR 351.222(g)(3)(v).
11 See generally 19 CFR 351.303.
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
[FR Doc. 2020–19393 Filed 9–1–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–714–001, C–821–825]
Phosphate Fertilizers From the
Kingdom of Morocco and the Russian
Federation: Postponement of
Preliminary Determinations in the
Countervailing Duty Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable September 2, 2020.
FOR FURTHER INFORMATION CONTACT: Bob
Palmer at (202) 482–9068 (the Kingdom
of Morocco (Morocco)) or George
Ayache at (202) 482–2623 (the Russian
AGENCY:
12 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 29615 (May 18, 2020);
and Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
E:\FR\FM\02SEN1.SGM
02SEN1
54536
Federal Register / Vol. 85, No. 171 / Wednesday, September 2, 2020 / Notices
Federation (Russia)), AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On July 16, 2020, the Department of
Commerce (Commerce) initiated
countervailing duty (CVD)
investigations of imports of phosphate
fertilizers from Morocco and Russia.1
Currently, the preliminary
determinations are due no later than
September 21, 2020.2
jbell on DSKJLSW7X2PROD with NOTICES
Postponement of Preliminary
Determinations
Section 703(b)(1) of the Tariff Act of
1930, as amended (the Act), requires
Commerce to issue the preliminary
determination in a CVD investigation
within 65 days after the date on which
Commerce initiated the investigation.
However, section 703(c)(1) of the Act
permits Commerce to postpone the
preliminary determination until no later
than 130 days after the date on which
Commerce initiated the investigation if:
(A) The petitioner 3 makes a timely
request for a postponement; or (B)
Commerce concludes that the parties
concerned are cooperating, that the
investigation is extraordinarily
complicated, and that additional time is
necessary to make a preliminary
determination. Under 19 CFR
351.205(e), the petitioner must submit a
request for postponement 25 days or
more before the scheduled date of the
preliminary determination and must
state the reasons for the request.
Commerce will grant the request unless
it finds compelling reasons to deny the
request.
On August 20, 2020, the petitioner
submitted a timely request that
Commerce postpone the preliminary
CVD determinations.4 The petitioner
1 See Phosphate Fertilizers from the Kingdom of
Morocco and the Russian Federation: Initiation of
Countervailing Duty Investigations, 85 FR 44505
(July 23, 2020) (Initiation Notice).
2 The current deadline for the preliminary
determination falls on September 19, 2020, which
is a Saturday. Commerce’s practice dictates that
where a deadline falls on a weekend or federal
holiday, the appropriate deadline is the next
business day, which is Monday, September 21,
2020. See Notice of Clarification: Application of
‘‘Next Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act
of 1930, As Amended, 70 FR 24533 (May 10, 2005).
3 The petitioner in these proceedings is the
Mosaic Company.
4 See Petitioner’s Letters, ‘‘Phosphate Fertilizers
from Morocco: Petitioner’s Request for
Postponement of the Preliminary Determination,’’
dated August 20, 2020; and ‘‘Phosphate Fertilizers
VerDate Sep<11>2014
17:33 Sep 01, 2020
Jkt 250001
stated that it requests postponement as
‘‘additional time is needed for
{Commerce} to analyze fully the
questionnaire responses, issue
supplemental questionnaires as
appropriate, and prepare an accurate
preliminary determination.’’ 5
In accordance with 19 CFR
351.205(e), the petitioner has stated the
reasons for requesting a postponement
of the preliminary determination, and
Commerce finds no compelling reason
to deny the request. Therefore, in
accordance with section 703(c)(1)(A) of
the Act, Commerce is postponing the
deadline for the preliminary
determinations to no later than 130 days
after the date on which these
investigations were initiated, i.e.,
November 23, 2020. Pursuant to section
705(a)(1) of the Act and 19 CFR
351.210(b)(1), the deadline for the final
determinations of these investigations
will continue to be 75 days after the
date of the preliminary determinations.
This notice is issued and published
pursuant to section 703(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: August 28, 2020.
Joseph A. Laroski Jr.,
Deputy Assistant Secretary for Policy and
Negotiations.
[FR Doc. 2020–19410 Filed 9–1–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–938]
Citric Acid and Certain Citrate Salts
From the People’s Republic of China:
Final Results of the Expedited Second
Five-Year Sunset Review of the
Countervailing Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this sunset
review, the Department of Commerce
(Commerce) finds that revocation of the
countervailing duty (CVD) order on
citric acid and certain citrate salts (citric
acid) from the People’s Republic of
China (China) would be likely to lead to
continuation or recurrence of
countervailable subsidies, at the levels
indicated in the ‘‘Final Results of Sunset
Review’’ section of this notice.
DATES: Applicable September 2, 2020.
FOR FURTHER INFORMATION CONTACT: Ian
Hamilton, AD/CVD Operations, Office
AGENCY:
from Russia: Petitioner’s Request for Postponement
of the Preliminary Determination,’’ dated August
20, 2020.
5 Id.
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
II, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4798.
SUPPLEMENTARY INFORMATION:
Background
On May 29, 2009, Commerce
published in the Federal Register a
notice of the CVD order on citric acid
from China.1 On May 1, 2020,
Commerce published the notice of
initiation of the second sunset review of
the Order, pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the
Act).2 On May 18, 2020, Commerce
received a complete notice of intent to
participate in the sunset review of the
Order from domestic interested parties 3
within the deadline specified in 19 CFR
351.218(d)(1)(i).4 The domestic
interested parties claimed interested
party status pursuant to section
771(9)(C) of the Act as manufacturers in
the United States of the domestic like
product.5
On June 1, 2020, the domestic
interested parties filed an adequate
substantive response within the
deadline specified in 19 CFR
351.218(d)(3)(i).6 Commerce did not
receive substantive responses from any
other interested parties with respect to
the Order covered by this sunset review.
As a result, pursuant to section
751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce is
conducting an expedited (120-day)
sunset review of the Order.
Scope of the Order
The scope of the Order includes all
grades and granulation sizes of citric
acid, sodium citrate, and potassium
citrate in their unblended forms,
whether dry or in solution, and
regardless of packaging type. The scope
also includes blends of citric acid,
1 See Citric Acid and Certain Citrate Salts from
the People’s Republic of China: Notice of
Countervailing Duty Order, 74 FR 25705 (May 29,
2009) (Order).
2 See Initiation of Five-Year (Sunset) Review, 85
FR 25386 (May 1, 2020).
3 The domestic interested parties are Archer
Daniels Midland Company; Cargill, Incorporated;
and Tate & Lyle Ingredients Americas LLC
(collectively, domestic interested parties).
4 See Domestic Interested Parties’ Letter, ‘‘Second
Five-Year (‘‘Sunset’’) Review of Antidumping And
Countervailing Duty Orders On Citric Acid And
Certain Citrate Salts from the People’s Republic of
China: Domestic Industry’s Notice Of Intent To
Participate,’’ dated May 18, 2020.
5 Id. at 2.
6 See Domestic Interested Parties’ Letter, ‘‘Second
Five-Year (‘‘Sunset’’) Review of The Countervailing
Duty Order On Citric Acid And Certain Citrate Salts
from the People’s Republic of China: Domestic
Industry’s Substantive Response,’’ dated June 1,
2020.
E:\FR\FM\02SEN1.SGM
02SEN1
Agencies
[Federal Register Volume 85, Number 171 (Wednesday, September 2, 2020)]
[Notices]
[Pages 54535-54536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19410]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-714-001, C-821-825]
Phosphate Fertilizers From the Kingdom of Morocco and the Russian
Federation: Postponement of Preliminary Determinations in the
Countervailing Duty Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable September 2, 2020.
FOR FURTHER INFORMATION CONTACT: Bob Palmer at (202) 482-9068 (the
Kingdom of Morocco (Morocco)) or George Ayache at (202) 482-2623 (the
Russian
[[Page 54536]]
Federation (Russia)), AD/CVD Operations, Office VIII, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On July 16, 2020, the Department of Commerce (Commerce) initiated
countervailing duty (CVD) investigations of imports of phosphate
fertilizers from Morocco and Russia.\1\ Currently, the preliminary
determinations are due no later than September 21, 2020.\2\
---------------------------------------------------------------------------
\1\ See Phosphate Fertilizers from the Kingdom of Morocco and
the Russian Federation: Initiation of Countervailing Duty
Investigations, 85 FR 44505 (July 23, 2020) (Initiation Notice).
\2\ The current deadline for the preliminary determination falls
on September 19, 2020, which is a Saturday. Commerce's practice
dictates that where a deadline falls on a weekend or federal
holiday, the appropriate deadline is the next business day, which is
Monday, September 21, 2020. See Notice of Clarification: Application
of ``Next Business Day'' Rule for Administrative Determination
Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR
24533 (May 10, 2005).
---------------------------------------------------------------------------
Postponement of Preliminary Determinations
Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act),
requires Commerce to issue the preliminary determination in a CVD
investigation within 65 days after the date on which Commerce initiated
the investigation. However, section 703(c)(1) of the Act permits
Commerce to postpone the preliminary determination until no later than
130 days after the date on which Commerce initiated the investigation
if: (A) The petitioner \3\ makes a timely request for a postponement;
or (B) Commerce concludes that the parties concerned are cooperating,
that the investigation is extraordinarily complicated, and that
additional time is necessary to make a preliminary determination. Under
19 CFR 351.205(e), the petitioner must submit a request for
postponement 25 days or more before the scheduled date of the
preliminary determination and must state the reasons for the request.
Commerce will grant the request unless it finds compelling reasons to
deny the request.
---------------------------------------------------------------------------
\3\ The petitioner in these proceedings is the Mosaic Company.
---------------------------------------------------------------------------
On August 20, 2020, the petitioner submitted a timely request that
Commerce postpone the preliminary CVD determinations.\4\ The petitioner
stated that it requests postponement as ``additional time is needed for
{Commerce{time} to analyze fully the questionnaire responses, issue
supplemental questionnaires as appropriate, and prepare an accurate
preliminary determination.'' \5\
---------------------------------------------------------------------------
\4\ See Petitioner's Letters, ``Phosphate Fertilizers from
Morocco: Petitioner's Request for Postponement of the Preliminary
Determination,'' dated August 20, 2020; and ``Phosphate Fertilizers
from Russia: Petitioner's Request for Postponement of the
Preliminary Determination,'' dated August 20, 2020.
\5\ Id.
---------------------------------------------------------------------------
In accordance with 19 CFR 351.205(e), the petitioner has stated the
reasons for requesting a postponement of the preliminary determination,
and Commerce finds no compelling reason to deny the request. Therefore,
in accordance with section 703(c)(1)(A) of the Act, Commerce is
postponing the deadline for the preliminary determinations to no later
than 130 days after the date on which these investigations were
initiated, i.e., November 23, 2020. Pursuant to section 705(a)(1) of
the Act and 19 CFR 351.210(b)(1), the deadline for the final
determinations of these investigations will continue to be 75 days
after the date of the preliminary determinations.
This notice is issued and published pursuant to section 703(c)(2)
of the Act and 19 CFR 351.205(f)(1).
Dated: August 28, 2020.
Joseph A. Laroski Jr.,
Deputy Assistant Secretary for Policy and Negotiations.
[FR Doc. 2020-19410 Filed 9-1-20; 8:45 am]
BILLING CODE 3510-DS-P