Phosphate Fertilizers From the Kingdom of Morocco: Preliminary Affirmative Countervailing Duty Determination, 76522-76524 [2020-26331]

Download as PDF 76522 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • TKELLEY on DSKBCP9HB2PROD with NOTICES • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Federal Register / Vol. 85, No. 230 / Monday, November 30, 2020 / Notices Leisure Lumber Ltd. Les Bois d’oeuvre Beaudoin Gauthier inc. Les Bois Martek Lumber Les Bois Traites M.G. Inc. Les Chantiers de Chibougamau ltd. Les Produits Forestiers D&G Ltee Leslie Forest Products Ltd. Lignum Forest Products LLP Linwood Homes Ltd. Longlac Lumber Inc. Lulumco inc. Magnum Forest Products, Ltd. Maibec inc. Manitou Forest Products Ltd. Marcel Lauzon Inc. Marwood Ltd. Materiaux Blanchet Inc. Matsqui Management and Consulting Services Ltd. dba Canadian Cedar Roofing Depot Metrie Canada Ltd. Mid Valley Lumber Specialties, Ltd. Midway Lumber Mills Ltd. Mill & Timber Products Ltd. Millar Western Forest Products Ltd. Mobilier Rustique (Beauce) Inc. MP Atlantic Wood Ltd. Multicedre ltee Nakina Lumber Inc. National Forest Products Ltd. New Future Lumber Ltd. Nicholson and Cates Ltd Norsask Forest Products Limited Partnership North American Forest Products Ltd. (located in Saint-Quentin, New Brunswick) North American Forest Products, Ltd. (located in Abbotsford, British Columbia) North Enderby Timber Ltd. Olympic Industries ULC/Olympic Industries ULC-Reman/Olympic Industries ULC-Reman Code/Olympic Industries Inc./ Olympic Industries Inc-Reman Codes Pacific Coast Cedar Products Ltd. Pacific Pallet, Ltd. Pacific Western Wood Works Ltd. Parallel Wood Products Ltd. Pat Power Forest Products Corporation Phoenix Forest Products Inc. Pine Ideas Ltd. Pioneer Pallet & Lumber Ltd Porcupine Wood Products Ltd. Power Wood Corp. Precision Cedar Products Corp. Prendiville Industries Ltd. (aka Kenora Forest Products) Produits Forestiers Petit Paris Produits forestiers Temrex, s.e.c. Produits Matra Inc. Promobois G.D.S. inc. Rayonier A.M. Canada GP Rembos Inc. Rene Bernard Inc. Richard Lutes Cedar Inc. Rielly Industrial Lumber Inc. Roland Boulanger & Cie Ltee S & K Cedar Products Ltd. S&R Sawmills Ltd S&W Forest Products Ltd. San Industries Ltd. Sawarne Lumber Co. Ltd. Scierie Alexandre Lemay & Fils Inc. Scierie St-Michel inc. Scierie West Brome Inc. Scotsburn Lumber Co. Ltd. Sechoirs de Beauce Inc. VerDate Sep<11>2014 20:03 Nov 27, 2020 Jkt 253001 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Serpentine Cedar Ltd. Serpentine Cedar Roofing Ltd. Sexton Lumber Co. Ltd. Sigurdson Forest Products Ltd. Silvaris Corporation Silver Creek Premium Products Ltd. Sinclar Group Forest Products Ltd. Skana Forest Products Ltd. Skeena Sawmills Ltd Sound Spars Enterprise Ltd. South Beach Trading Inc. Specialiste du Bardeau de Cedre Inc Spruceland Millworks Inc. Surrey Cedar Ltd. T.G. Wood Products, Ltd Taan Forest Products Taiga Building Products Ltd. Tall Tree Lumber Company Teal Cedar Products Ltd. Tembec Inc. Terminal Forest Products Ltd. The Teal-Jones Group The Wood Source Inc. Tolko Industries Ltd./Tolko Marketing and Sales Ltd./Gilbert Smith Forest Products Ltd. Trans-Pacific Trading Ltd. Triad Forest Products Ltd. Twin Rivers Paper Co. Inc. Tyee Timber Products Ltd. Universal Lumber Sales Ltd. Usine Sartigan Inc. Vaagen Fibre Canada, ULC Valley Cedar 2 ULC Vancouver Island Shingle, Ltd. Vancouver Specialty Cedar Products Ltd. Visscher Lumber Inc W.I. Woodtone Industries Inc. Waldun Forest Product Sales Ltd. Watkins Sawmills Ltd. West Bay Forest Products Ltd. West Fraser Timber Co. Ltd. West Wind Hardwood Inc. Western Forest Products Inc. Western Lumber Sales Limited Western Wood Preservers Ltd. Weston Forest Products Inc. Westrend Exteriors Inc. Weyerhaeuser Co. White River Forest Products L.P. Winton Homes Ltd. Woodline Forest Products Ltd. Woodstock Forest Products Woodtone Specialties Inc. Yarrow Wood Ltd. [FR Doc. 2020–26333 Filed 11–27–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–714–001] Phosphate Fertilizers From the Kingdom of Morocco: Preliminary Affirmative Countervailing Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines AGENCY: PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 that countervailable subsidies are being provided to producers and exporters of phosphate fertilizers from the Kingdom of Morocco (Morocco). The period of investigation is January 1, 2019 through December 31, 2019. Interested parties are invited to comment on this preliminary determination. DATES: Applicable November 30, 2020. FOR FURTHER INFORMATION CONTACT: Robert Palmer or Samuel Glickstein, 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) 482–9068 or (202) 482–5307, respectively. SUPPLEMENTARY INFORMATION: Background This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on July 23, 2020.1 On September 2, 2020, Commerce postponed the preliminary determination of this investigation and the revised deadline is now November 23, 2020.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix II 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 https:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. 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 See Phosphate Fertilizers from the Kingdom of Morocco and the Russian Federation: Postponement of Preliminary Determinations in the Countervailing Duty Investigations, 85 FR 54535 (September 2, 2020). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination of the Countervailing Duty Investigation of Phosphate Fertilizers from the Kingdom of Morocco,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). E:\FR\FM\30NON1.SGM 30NON1 Federal Register / Vol. 85, No. 230 / Monday, November 30, 2020 / Notices Preliminary Determination Commerce preliminarily determines that the following estimated countervailable subsidy rates exist: Scope of the Investigation The products covered by this investigation are phosphate fertilizers from Morocco. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the Preamble to Commerce’s regulations,4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage, (i.e., scope).5 No interested party submitted timely comments on the scope of the investigation as it appeared in the Initiation Notice.6 Therefore, no changes were made to the scope of the investigation. Methodology Commerce is conducting this investigation in accordance with section 701 of 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.7 All-Others Rate TKELLEY on DSKBCP9HB2PROD with NOTICES Sections 703(d) and 705(c)(5)(A) of the Act provide that in the preliminary determination, Commerce shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely under section 776 of the Act. In this investigation, Commerce preliminarily calculated an individual estimated countervailable subsidy rate for OCP S.A., the only individually examined exporter/producer in this investigation. Because the only individually calculated rate is not zero, de minimis, or based entirely on facts otherwise available, the estimated weighted-average rate calculated for OCP S.A. is the preliminary rate assigned to all-other producers and exporters, pursuant to section 705(c)(5)(A)(i) of the Act. 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 5 See Initiation Notice. 6 Commerce’s Letter, re: ‘‘Countervailing Duty Investigation of Phosphate Fertilizers from Morocco: Rejection of Untimely Filed Scope Comments,’’ dated August 24, 2020. 7 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. VerDate Sep<11>2014 20:03 Nov 27, 2020 Jkt 253001 76523 certain of its requirements for serving documents containing business proprietary information until further notice.10 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in Subsidy rate Company (percent) this investigation are encouraged to submit with each argument: (1) A OCP S.A.8 ............................ 23.46 statement of the issue; (2) a brief All-Others .............................. 23.46 summary of the argument; and (3) a table of authorities. Suspension of Liquidation Pursuant to 19 CFR 351.310(c), In accordance with section interested parties who wish to request a 703(d)(1)(B) and (d)(2) of the Act, hearing, limited to issues raised in the Commerce will direct U.S. Customs and case and rebuttal briefs, must submit a Border Protection (CBP) to suspend written request to the Assistant liquidation of entries of subject Secretary for Enforcement and merchandise as described in the scope Compliance, U.S. Department of of the investigation section entered, or Commerce within 30 days after the date withdrawn from warehouse, for of publication of this notice. Requests consumption on or after the date of should contain the party’s name, publication of this notice in the Federal address, and telephone number, the Register. Further, pursuant to 19 CFR number of participants, whether any 351.205(d), Commerce will instruct CBP participant is a foreign national, and a to require a cash deposit equal to the list of the issues to be discussed. If a rates indicated above. request for a hearing is made, Commerce intends to hold the hearing at a time and Disclosure date to be determined. Parties should Commerce intends to disclose its confirm by telephone the date, time, and calculations and analysis performed to location of the hearing two days before interested parties in this preliminary the scheduled date. determination within five days of its International Trade Commission public announcement, or if there is no Notification public announcement, within five days of the date of this notice in accordance In accordance with section 703(f) of with 19 CFR 351.224(b). the Act, Commerce will notify the Verification Commerce is currently unable to conduct on-site verification of the information relied upon in making its final determination in this investigation. Accordingly, we intend to take additional steps in lieu of on-site verification. Commerce will notify interested parties of any additional documentation or information required. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance. Interested parties will be notified of the timeline for the submission of such case briefs and written comments at a later date. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs.9 Commerce has modified 8 As discussed in the Preliminary Decision Memorandum, 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 Maroc Phosphore. 9 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). See also Temporary Rule PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 International Trade Commission (ITC) of its preliminary determination. If Commerce’s final determination is affirmative, the ITC will make its final injury determination before the later of 120 days after the date of Commerce’s preliminary determination or 45 days after its final determination. Notification to Interested Parties This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act and 19 CFR 351.205(c). Dated: November 23, 2020. Joseph A. Laroski Jr., Deputy Assistant Secretary for Policy and Negotiations. Appendix I Scope of the Investigation The merchandise covered by this investigation is phosphate fertilizers in all physical forms (i.e., solid or liquid form), with or without coating or additives such as anti-caking agents. Phosphate fertilizers in solid form are covered whether granular, Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006, 17007 (March 26, 2020). 10 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). E:\FR\FM\30NON1.SGM 30NON1 TKELLEY on DSKBCP9HB2PROD with NOTICES 76524 Federal Register / Vol. 85, No. 230 / Monday, November 30, 2020 / Notices prilled (i.e., pelletized), or in other solid form (e.g., powdered). The covered merchandise includes phosphate fertilizers in the following forms: ammonium dihydrogenorthophosphate or monoammonium phosphate (MAP), chemical formula NH4H2PO4; diammonium hydrogenorthophosphate or diammonium phosphate (DAP), chemical formula (NH4)2HPO4; normal superphosphate (NSP), also known as ordinary superphosphate or single superphosphate, chemical formula Ca(H2PO4)2-CaSO4; concentrated superphosphate, also known as double, treble, or triple superphosphate (TSP), chemical formula Ca(H2PO4)2-H2O; and proprietary formulations of MAP, DAP, NSP, and TSP. The covered merchandise also includes other fertilizer formulations incorporating phosphorous and non-phosphorous plant nutrient components, whether chemicallybonded, granulated (e.g., when multiple components are incorporated into granules through, e.g., a slurry process), or compounded (e.g., when multiple components are compacted together under high pressure), including nitrogen, phosphate, sulfur (NPS) fertilizers, nitrogen, phosphorous, potassium (NPK) fertilizers, nitric phosphate (also known as nitrophosphate) fertilizers, ammoniated superphosphate fertilizers, and proprietary formulations thereof that may or may not include other nonphosphorous plant nutrient components. For phosphate fertilizers that contain non-phosphorous plant nutrient components, such as nitrogen, potassium, sulfur, zinc, or other non-phosphorous components, the entire article is covered, including the non-phosphorous content, provided that the phosphorous content (measured by available diphosphorous pentaoxide, chemical formula P2O5) is at least 5% by actual weight. Phosphate fertilizers that are otherwise subject to this investigation are included when commingled (i.e., mixed or blended) with phosphate fertilizers from sources not subject to this investigation. Phosphate fertilizers that are otherwise subject to this investigation are included when commingled with substances other than phosphate fertilizers subject to this investigation (e.g., granules containing only non-phosphate fertilizers such as potash or urea). Only the subject component of such commingled products is covered by the scope of this investigation. The following products are specifically excluded from the scope of this investigation: (1) ABC dry chemical powder preparations for fire extinguishers containing MAP or DAP in powdered form; (2) industrial or technical grade MAP in white crystalline form with available P2O5 content of at least 60% by actual weight; (3) industrial or technical grade diammonium phosphate in white crystalline form with available P2O5 content of at least 50% by actual weight; (4) liquid ammonium polyphosphate fertilizers; (5) dicalcium phosphate, chemical formula CaHPO4; (6) monocalcium phosphate, chemical formula CaH4P2O8; VerDate Sep<11>2014 20:03 Nov 27, 2020 Jkt 253001 (7) trisodium phosphate, chemical formula Na3PO4; (8) sodium tripolyphosphate, chemical formula Na5P3O10; (9) prepared baking powders containing sodium bicarbonate and any form of phosphate; (10) animal or vegetable fertilizers not containing phosphate fertilizers otherwise covered by the scope of this investigation; (11) phosphoric acid, chemical formula H3PO4. The Chemical Abstracts Service (CAS) numbers for covered phosphate fertilizers include, but are not limited to: 7722–76–1 (MAP); 7783–28–0 (DAP); and 65996–95–4 (TSP). The covered products may also be identified by Nitrogen-Phosphate- Potash composition, including but not limited to: NP 11–52–0 (MAP); NP 18–46–0 (DAP); and NP 0–46–0 (TSP). The covered merchandise is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) at subheadings 3103.11.0000; 3103.19.0000; 3105.20.0000; 3105.30.0000; 3105.40.0010; 3105.40.0050; 3105.51.0000; and 3105.59.0000. Phosphate fertilizers subject to this investigation may also enter under subheadings 3103.90.0010, 3105.10.0000, 3105.60.0000, 3105.90.0010, and 3105.90.0050. Although the HTSUS subheadings and CAS registry numbers are provided for convenience and customs purposes, the written description of the scope is dispositive. DATES: Applicable November 30, 2020. FOR FURTHER INFORMATION CONTACT: George Ayache or William Horn, 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) 482–2623 or (202) 482–4868, respectively. SUPPLEMENTARY INFORMATION: Background DEPARTMENT OF COMMERCE This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on July 23, 2020.1 On September 2, 2020, Commerce postponed the preliminary determination of this investigation and the revised deadline is now November 23, 2020.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix II 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 https:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. International Trade Administration Scope of the Investigation [C–821–825] Phosphate Fertilizers From the Russian Federation: Preliminary Affirmative Countervailing Duty Determination The products covered by this investigation are phosphate fertilizers from Russia. For a complete description of the scope of this investigation, see Appendix I. Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of phosphate fertilizers from the Russian Federation (Russia). The period of investigation is January 1, 2019, through December 31, 2019. Interested parties are invited to comment on this preliminary determination. 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 See Phosphate Fertilizers from the Kingdom of Morocco and the Russian Federation: Postponement of Preliminary Determinations in the Countervailing Duty Investigations, 85 FR 54535 (September 2, 2020). 3 See Memorandum, ‘‘Decision Memorandum for the Affirmative Preliminary Determination of the Countervailing Duty Investigation of Phosphate Fertilizers from the Russian Federation,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Injury Test IV. Subsidies Valuation V. Benchmarks and Interest Rates VI. Analysis of Programs VII. Recommendation [FR Doc. 2020–26331 Filed 11–27–20; 8:45 am] BILLING CODE 3510–DS–P AGENCY: PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\30NON1.SGM 30NON1

Agencies

[Federal Register Volume 85, Number 230 (Monday, November 30, 2020)]
[Notices]
[Pages 76522-76524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26331]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-714-001]


Phosphate Fertilizers From the Kingdom of Morocco: Preliminary 
Affirmative Countervailing Duty Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that countervailable subsidies are being provided to producers and 
exporters of phosphate fertilizers from the Kingdom of Morocco 
(Morocco). The period of investigation is January 1, 2019 through 
December 31, 2019. Interested parties are invited to comment on this 
preliminary determination.

DATES: Applicable November 30, 2020.

FOR FURTHER INFORMATION CONTACT: Robert Palmer or Samuel Glickstein, 
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) 482-9068 
or (202) 482-5307, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on July 23, 
2020.\1\ On September 2, 2020, Commerce postponed the preliminary 
determination of this investigation and the revised deadline is now 
November 23, 2020.\2\ For a complete description of the events that 
followed the initiation of this investigation, see the Preliminary 
Decision Memorandum.\3\ A list of topics discussed in the Preliminary 
Decision Memorandum is included as Appendix II 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 https://access.trade.gov. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at https://enforcement.trade.gov/frn/. The signed 
and electronic versions of the Preliminary Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \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\ See Phosphate Fertilizers from the Kingdom of Morocco and 
the Russian Federation: Postponement of Preliminary Determinations 
in the Countervailing Duty Investigations, 85 FR 54535 (September 2, 
2020).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Affirmative Determination of the Countervailing Duty Investigation 
of Phosphate Fertilizers from the Kingdom of Morocco,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).

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[[Page 76523]]

Scope of the Investigation

    The products covered by this investigation are phosphate 
fertilizers from Morocco. For a complete description of the scope of 
this investigation, see Appendix I.

Scope Comments

    In accordance with the Preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage, (i.e., scope).\5\ No interested 
party submitted timely comments on the scope of the investigation as it 
appeared in the Initiation Notice.\6\ Therefore, no changes were made 
to the scope of the investigation.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \5\ See Initiation Notice.
    \6\ Commerce's Letter, re: ``Countervailing Duty Investigation 
of Phosphate Fertilizers from Morocco: Rejection of Untimely Filed 
Scope Comments,'' dated August 24, 2020.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 701 of 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.\7\
---------------------------------------------------------------------------

    \7\ 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.
---------------------------------------------------------------------------

All-Others Rate

    Sections 703(d) and 705(c)(5)(A) of the Act provide that in the 
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be 
an amount equal to the weighted average of the estimated subsidy rates 
established for those companies individually examined, excluding any 
zero and de minimis rates and any rates based entirely under section 
776 of the Act.
    In this investigation, Commerce preliminarily calculated an 
individual estimated countervailable subsidy rate for OCP S.A., the 
only individually examined exporter/producer in this investigation. 
Because the only individually calculated rate is not zero, de minimis, 
or based entirely on facts otherwise available, the estimated weighted-
average rate calculated for OCP S.A. is the preliminary rate assigned 
to all-other producers and exporters, pursuant to section 
705(c)(5)(A)(i) of the Act.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
OCP S.A.\8\.............................................           23.46
All-Others..............................................           23.46
------------------------------------------------------------------------

Suspension of Liquidation
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    \8\ As discussed in the Preliminary Decision Memorandum, 
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 Maroc Phosphore.
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    In accordance with section 703(d)(1)(B) and (d)(2) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
suspend liquidation of entries of subject merchandise as described in 
the scope of the investigation section entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), 
Commerce will instruct CBP to require a cash deposit equal to the rates 
indicated above.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of its public announcement, or if there is no public 
announcement, within five days of the date of this notice in accordance 
with 19 CFR 351.224(b).

Verification

    Commerce is currently unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation. Accordingly, we intend to take additional steps in lieu 
of on-site verification. Commerce will notify interested parties of any 
additional documentation or information required.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance. Interested parties 
will be notified of the timeline for the submission of such case briefs 
and written comments at a later date. Rebuttal briefs, limited to 
issues raised in case briefs, may be submitted no later than seven days 
after the deadline date for case briefs.\9\ Commerce has modified 
certain of its requirements for serving documents containing business 
proprietary information until further notice.\10\ Pursuant to 19 CFR 
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal 
briefs in this investigation are encouraged to submit with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements). See also Temporary Rule
    Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 
17006, 17007 (March 26, 2020).
    \10\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.

International Trade Commission Notification

    In accordance with section 703(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination. If Commerce's final determination is affirmative, the 
ITC will make its final injury determination before the later of 120 
days after the date of Commerce's preliminary determination or 45 days 
after its final determination.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: November 23, 2020.
Joseph A. Laroski Jr.,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation is phosphate 
fertilizers in all physical forms (i.e., solid or liquid form), with 
or without coating or additives such as anti-caking agents. 
Phosphate fertilizers in solid form are covered whether granular,

[[Page 76524]]

prilled (i.e., pelletized), or in other solid form (e.g., powdered).
    The covered merchandise includes phosphate fertilizers in the 
following forms: ammonium dihydrogenorthophosphate or monoammonium 
phosphate (MAP), chemical formula NH4H2PO4; diammonium 
hydrogenorthophosphate or diammonium phosphate (DAP), chemical 
formula (NH4)2HPO4; normal superphosphate (NSP), also known as 
ordinary superphosphate or single superphosphate, chemical formula 
Ca(H2PO4)2-CaSO4; concentrated superphosphate, also known as double, 
treble, or triple superphosphate (TSP), chemical formula Ca(H2PO4)2-
H2O; and proprietary formulations of MAP, DAP, NSP, and TSP.
    The covered merchandise also includes other fertilizer 
formulations incorporating phosphorous and non-phosphorous plant 
nutrient components, whether chemically-bonded, granulated (e.g., 
when multiple components are incorporated into granules through, 
e.g., a slurry process), or compounded (e.g., when multiple 
components are compacted together under high pressure), including 
nitrogen, phosphate, sulfur (NPS) fertilizers, nitrogen, 
phosphorous, potassium (NPK) fertilizers, nitric phosphate (also 
known as nitrophosphate) fertilizers, ammoniated superphosphate 
fertilizers, and proprietary formulations thereof that may or may 
not include other nonphosphorous plant nutrient components. For 
phosphate fertilizers that contain non-phosphorous plant nutrient 
components, such as nitrogen, potassium, sulfur, zinc, or other non-
phosphorous components, the entire article is covered, including the 
non-phosphorous content, provided that the phosphorous content 
(measured by available diphosphorous pentaoxide, chemical formula 
P2O5) is at least 5% by actual weight.
    Phosphate fertilizers that are otherwise subject to this 
investigation are included when commingled (i.e., mixed or blended) 
with phosphate fertilizers from sources not subject to this 
investigation. Phosphate fertilizers that are otherwise subject to 
this investigation are included when commingled with substances 
other than phosphate fertilizers subject to this investigation 
(e.g., granules containing only non-phosphate fertilizers such as 
potash or urea). Only the subject component of such commingled 
products is covered by the scope of this investigation. The 
following products are specifically excluded from the scope of this 
investigation:
    (1) ABC dry chemical powder preparations for fire extinguishers 
containing MAP or DAP in powdered form;
    (2) industrial or technical grade MAP in white crystalline form 
with available P2O5 content of at least 60% by actual weight;
    (3) industrial or technical grade diammonium phosphate in white 
crystalline form with available P2O5 content of at least 50% by 
actual weight;
    (4) liquid ammonium polyphosphate fertilizers;
    (5) dicalcium phosphate, chemical formula CaHPO4;
    (6) monocalcium phosphate, chemical formula CaH4P2O8;
    (7) trisodium phosphate, chemical formula Na3PO4;
    (8) sodium tripolyphosphate, chemical formula Na5P3O10;
    (9) prepared baking powders containing sodium bicarbonate and 
any form of phosphate;
    (10) animal or vegetable fertilizers not containing phosphate 
fertilizers otherwise covered by the scope of this investigation;
    (11) phosphoric acid, chemical formula H3PO4.
    The Chemical Abstracts Service (CAS) numbers for covered 
phosphate fertilizers include, but are not limited to: 7722-76-1 
(MAP); 7783-28-0 (DAP); and 65996-95-4 (TSP). The covered products 
may also be identified by Nitrogen-Phosphate- Potash composition, 
including but not limited to: NP 11-52-0 (MAP); NP 18-46-0 (DAP); 
and NP 0-46-0 (TSP).
    The covered merchandise is currently classified in the 
Harmonized Tariff Schedule of the United States (HTSUS) at 
subheadings 3103.11.0000; 3103.19.0000; 3105.20.0000; 3105.30.0000; 
3105.40.0010; 3105.40.0050; 3105.51.0000; and 3105.59.0000. 
Phosphate fertilizers subject to this investigation may also enter 
under subheadings 3103.90.0010, 3105.10.0000, 3105.60.0000, 
3105.90.0010, and 3105.90.0050. Although the HTSUS subheadings and 
CAS registry numbers are provided for convenience and customs 
purposes, the written description of the scope is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Injury Test
IV. Subsidies Valuation
V. Benchmarks and Interest Rates
VI. Analysis of Programs
VII. Recommendation

[FR Doc. 2020-26331 Filed 11-27-20; 8:45 am]
BILLING CODE 3510-DS-P
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