Phosphate Fertilizers From the Russian Federation: Preliminary Results and Partial Rescission of the Countervailing Duty Administrative Review; 2020-2021, 28505-28506 [2023-09427]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28505-28506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09427]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-821-825]


Phosphate Fertilizers From the Russian Federation: Preliminary 
Results and Partial Rescission of the Countervailing Duty 
Administrative Review; 2020-2021

AGENCY: Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce.
SUMMARY: The U.S. 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 review (POR) is November 30, 2020, 
through December 31, 2021.

DATES: Applicable May 4, 2023.

FOR FURTHER INFORMATION CONTACT: Shane Subler 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) 482-6241 and (202) 
482-4868, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 9, 2022, Commerce published a notice of initiation of an 
administrative review of the countervailing duty (CVD) order on 
phosphate fertilizers from Russia.\1\ On November 30, 2022, Commerce 
extended the deadline for the preliminary results of this review until 
April 28, 2023.\2\
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 35165 (June 9, 2022).
    \2\ See Memorandum, ``Extension of Deadline for the Preliminary 
Results of the 2020-2021 Countervailing Duty Administrative 
Review,'' dated November 30, 2022.
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\3\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included 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 https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx/.
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results and Partial Rescission of the Countervailing Duty 
Administrative Review; 2020-2021: Phosphate Fertilizers from the 
Russian Federation,'' dated concurrently with, and hereby adopted 
by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise 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

    On July 22, 2022, Commerce notified interested parties that we 
intended to rescind this administrative review with respect to 
Industrial Group Phosphorite LLC because it did not have reviewable 
entries of subject merchandise during the POR for which liquidation is 
suspended.\4\ No parties commented on the notification of intent to 
rescind the review, in part. Therefore, we determine that there were no 
reviewable suspended entries of subject merchandise during the POR for 
Industrial Group Phosphorite LLC. As a result of our finding, we are 
rescinding this review, in part, pursuant to 19 CFR 351.213(d)(3) with 
respect to Industrial Group Phosphorite LLC. For additional information 
regarding this determination, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Notice of Intent to Rescind Review, In 
Part,'' dated July 22, 2022.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found to be countervailable, we preliminarily 
determine that there is a subsidy, i.e., a financial contribution from 
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, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

Preliminary Results of Review

    As a result of this review, we preliminarily determine the 
following net countervailable subsidy rate for the period November 30, 
2020, through December 31, 2021:

[[Page 28506]]



------------------------------------------------------------------------
                                                           Subsidy rate
                   Producer/exporter                       (percent ad
                                                             valorem)
------------------------------------------------------------------------
Joint Stock Company Apatit \6\.........................           53.29
------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose to interested parties the calculations 
performed for these preliminary results within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
Interested parties may submit case briefs no later than 30 days after 
the date of publication of these preliminary results of review.\7\ 
Rebuttals to case briefs may be filed no later than seven days after 
the case briefs are filed, and all rebuttal comments must be limited to 
comments raised in the case briefs.\8\ Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\9\ 
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case 
briefs or rebuttal briefs in this review 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.
---------------------------------------------------------------------------

    \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.
    \7\ See 19 CFR 351.309(c).
    \8\ See 19 CFR 351.309(d).
    \9\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
---------------------------------------------------------------------------

    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.
    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 and 19 CFR 
351.213(h).

Assessment Rate

    In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily 
assigned a subsidy rate in the amount shown above for the producer/
exporter shown above. Upon completion of the administrative review, 
consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), 
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, we 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 November 30, 2020, through December 31, 
2021, in accordance with 19 CFR 351.212(c)(l)(i). 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 in the review, we intend to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of the final results of this review in the Federal 
Register. If a timely summons is filed 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

    In accordance with section 751(a)(1) 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 shown for the 
company (and its cross-owned affiliates) listed above on shipments of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the final results of 
this administrative review. For all non-reviewed firms, we will 
instruct CBP to continue to collect cash deposits at the most recent 
company-specific or all others rate applicable to the company. These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.

Notification to Interested Parties

    These preliminary results are issued and published pursuant to 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: April 27, 2023.
Lisa W. Wang,
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. 2023-09427 Filed 5-3-23; 8:45 am]
BILLING CODE 3510-DS-P