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]


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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.
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    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
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