Phosphate Fertilizers From the Russian Federation: Final Results of Countervailing Duty Administrative Review; 2020-2021, 76182-76183 [2023-24474]

Download as PDF 76182 Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Notices 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, parties will be notified of the time and date for the hearing.17 U.S. International Trade Commission Notification In accordance with section 703(f) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its preliminary determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 703(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c). Dated: October 30, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. ddrumheller on DSK120RN23PROD with NOTICES1 Appendix I Scope of the Investigation The products within the scope of this investigation are paper shopping bags with handles of any type, regardless of whether there is any printing, regardless of how the top edges are finished (e.g., folded, serrated, or otherwise finished), regardless of color, and regardless of whether the top edges contain adhesive or other material for sealing closed. Subject paper shopping bags have a width of at least 4.5 inches and depth of at least 2.5 inches. Paper shopping bags typically are made of kraft paper but can be made from any type of cellulose fiber, paperboard, or pressboard with a basis weight less than 300 grams per square meter (GSM). A non-exhaustive illustrative list of the types of handles on shopping bags covered by the scope include handles made from any materials such as twisted paper, flat paper, yarn, ribbon, rope, string, or plastic, as well as die-cut handles (whether the punchout is fully removed or partially attached as a flap). Excluded from the scope are: • Paper sacks or bags that are of a 1⁄6 or 1⁄7 barrel size (i.e., 11.5–12.5 inches in width, 6.5–7.5 inches in depth, and 13.5–17.5 inches in height) with flat paper handles or die-cut handles; • Paper sacks or bags with die-cut handles, a grams per square meter weight of less than 62 GSM, and a height of less than 11.5 inches; and • Shopping bags (i) with non-paper handles made wholly of woven ribbon or other similar woven fabric and (ii) that are 17 See 19 CFR 351.310(d). VerDate Sep<11>2014 17:53 Nov 03, 2023 Jkt 262001 finished with folded tops or for which tied knots or t-bar aglets (made of wood, metal, or plastic) are used to secure the handles to the bags. The above-referenced dimensions are provided for paper bags in the opened position. The height of the bag is the distance from the bottom fold edge to the top edge (i.e., excluding the height of handles that extend above the top edge). The depth of the bag is the distance from the front of the bag edge to the back of the bag edge (typically measured at the bottom of the bag). The width of the bag is measured from the left to the right edges of the front and back panels (upon which the handles typically are located). This merchandise is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 4819.30.0040 and 4819.40.0040. The HTSUS subheadings are provided for convenience and customs purposes only; the written description of the scope is dispositive. and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6241 or (202) 482–4868, respectively. SUPPLEMENTARY INFORMATION: Background Commerce published the preliminary results of this administrative review on May 4, 2023.1 On August 4, 2023, Commerce extended the deadline for the final results of this review to no later than October 31, 2023.2 For a description of the events that occurred since the Preliminary Results, see the Issues and Decision Memorandum.3 We conducted this review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Appendix II Scope of the Order 4 List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Scope Comments V. Injury Test VI. Analysis of China’s Financial System VII. Diversification of China’s Economy VIII. Use of Facts Otherwise Available and Adverse Inferences IX. Subsidies Valuation X. Benchmarks and Interest Rates XI. Analysis of Programs XII. Critical Circumstances XIII. Recommendation The products covered by this Order are phosphate fertilizers. For a complete description of the scope of this Order, see the Issues and Decision Memorandum. [FR Doc. 2023–24473 Filed 11–3–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–821–825] Phosphate Fertilizers From the Russian Federation: Final Results of Countervailing Duty Administrative Review; 2020–2021 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that Joint Stock Company Apatit (JSC Apatit), a producer/exporter of phosphate fertilizers from the Russian Federation (Russia), received countervailable subsidies during the period of review (POR), November 30, 2020, through December 31, 2021. DATES: Applicable November 6, 2023. FOR FURTHER INFORMATION CONTACT: Shane Subler or William Horn, AD/CVD Operations, Office VIII, Enforcement AGENCY: PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 Analysis of Comments Received All issues raised in interested parties’ case briefs are addressed in the Issues and Decision Memorandum accompanying this notice. A list of the issues raised by parties, and to which Commerce responded in the Issues and Decision Memorandum, is provided in the appendix to this notice. The Issues and 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 Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. 1 See Phosphate Fertilizers from the Russian Federation: Preliminary Results and Partial Rescission of the Countervailing Duty Administrative Review; 2020–2021, 88 FR 28505, 28506 (May 4, 2023) (Preliminary Results) and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Extension of Deadline for Final Results of Countervailing Duty Administrative Review,’’ dated August 4, 2023. 3 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Countervailing Duty Administrative Review of Phosphate Fertilizers from the Russian Federation; 2020–2021,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 4 See Phosphate Fertilizers from the Kingdom of Morocco and the Russian Federation: Countervailing Duty Orders, 86 FR 18037 (April 7, 2021) (Order). E:\FR\FM\06NON1.SGM 06NON1 Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Notices Changes Since the Preliminary Results Based on a review of the record and comments received from interested parties regarding the Preliminary Results, and for the reasons explained in the Issues and Decision Memorandum, we made certain revisions to the subsidy calculations for JSC Apatit. These changes are explained in the Issues and Decision Memorandum. Final Results of Administrative Review In accordance with 19 CFR 351.221(b)(4)(i), we calculated an individual net countervailable subsidy rate for JSC Apatit. Commerce determines that, during the POR, the net countervailable subsidy rate for the company under review is as follows: Company Joint Stock Company Apatit 5 Subsidy rate (percent ad valorem) 28.50 Disclosure Commerce intends to disclose the calculations performed for these final results of review within five days of the date of publication of this notice in the Federal Register, in accordance with 19 CFR 351.224(b). Assessment Rate ddrumheller on DSK120RN23PROD with NOTICES1 Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(2), Commerce has determined, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries of subject merchandise in accordance with the final results of this review, for the above-listed company at the applicable ad valorem assessment rate. 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 with 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 5 As discussed in the Preliminary Results PDM, Commerce 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. VerDate Sep<11>2014 17:53 Nov 03, 2023 Jkt 262001 statutory injunction has expired (i.e., within 90 days of publication). Cash Deposit Rates In accordance with section 751(a)(1) of the Act, Commerce intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amount shown for JSC Apatit on shipments of the subject merchandise entered, or withdrawn from warehouse for consumption on or after the date of publication of the final results of this administrative review. The cash deposit requirement, effective upon the publication of the final results of this review, shall remain in effect until further notice. Administrative Protective Order This notice also serves as a final reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties These final results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5). Dated: October 31, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Use Of Facts Otherwise Available and Adverse Inferences V. Subsidies Valuation VI. Analysis of Programs VII. Discussion of the Issues Comment 1: Whether Commerce Should Calculate JSC Apatit’s Subsidy Rate Based on Data for the Entire Period of Review or Calendar Year Provision of Mining Rights for Less Than Adequate Remuneration (LTAR) Comment 2a: Whether the Provision of Mining Rights Provides a Financial Contribution Comment 2b: Whether Mining Rights Should Be Valued Based on Phosphate Rock Comment 2c: Whether Commerce Unlawfully Departed from Its Practice of Applying a Cut-off Date with Respect to Russia PO 00000 Frm 00020 Fmt 4703 Sfmt 9990 76183 Comment 2d: Whether Commerce Should Use JSC Apatit’s Gross Profit Figure in the Profit Ratio Calculation Comment 2e: Whether Commerce Should Subtract Certain Costs JSC Apatit Incurred to Maintain Its Post-2002 Licenses Comment 2f: Whether Commerce Erred in Its Calculation of the Tier 3 Benchmark by Double Counting Volumes, Values, and Resulting Average Unit Values (AUVs) for Brazil and South Africa Comment 2g: Whether Commerce Erroneously Excluded Export Volume and Value Data, and Resulting AUVs, for Togo and Iran in Its Tier 3 Benchmark Calculation Comment 2h: Whether Commerce Should Calculate the Benchmark in the Manner Proposed by ADM Comment 2i: Whether Commerce Should Adjust the South Africa Export Data to Eliminate Distorted Export Prices Comment 2j: Whether Commerce Should Rely on Benchmark Sources Other Than United Nations Comtrade and IHS Markit’s Global Trade Atlas Comment 2k: Whether Commerce Should Revise JSC Apatit’s Cost of Sales for the Benefit Calculation Comment 2l: Whether Commerce Should Add International Ocean Freight Costs to the Benchmark Comment 2m: Whether Commerce Should Place the Calculation Memorandum and Worksheets from the Preliminary Results of the Phosphate Fertilizers from Morocco 2020–21 Administrative Review on the Record Provision of Natural Gas for LTAR Comment 3a: Whether Commerce Should Reject Kazakh Export Data as a Natural Gas Benchmark and Use European International Energy Agency Data Instead Comment 3b: Whether Commerce Should Countervail JSC Apatit’s Natural Gas Purchases from Independent Suppliers Other Program-Specific Issues Comment 4: Whether Commerce Properly Determined that the Vologda Region’s Support of Industrial Development Program Is De Facto Specific Comment 5: Whether Commerce Should Use a Different Interest Rate Benchmark for the Russian Export Center Joint-Stock Company Lending Program VIII. Recommendation [FR Doc. 2023–24474 Filed 11–3–23; 8:45 am] BILLING CODE 3510–DS–P E:\FR\FM\06NON1.SGM 06NON1

Agencies

[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Notices]
[Pages 76182-76183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24474]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-821-825]


Phosphate Fertilizers From the Russian Federation: Final Results 
of Countervailing Duty Administrative Review; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Joint Stock Company Apatit (JSC Apatit), a producer/exporter of 
phosphate fertilizers from the Russian Federation (Russia), received 
countervailable subsidies during the period of review (POR), November 
30, 2020, through December 31, 2021.

DATES: Applicable November 6, 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 or (202) 
482-4868, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published the preliminary results of this administrative 
review on May 4, 2023.\1\ On August 4, 2023, Commerce extended the 
deadline for the final results of this review to no later than October 
31, 2023.\2\ For a description of the events that occurred since the 
Preliminary Results, see the Issues and Decision Memorandum.\3\
---------------------------------------------------------------------------

    \1\ See Phosphate Fertilizers from the Russian Federation: 
Preliminary Results and Partial Rescission of the Countervailing 
Duty Administrative Review; 2020-2021, 88 FR 28505, 28506 (May 4, 
2023) (Preliminary Results) and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
Countervailing Duty Administrative Review,'' dated August 4, 2023.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Countervailing Duty Administrative Review of 
Phosphate Fertilizers from the Russian Federation; 2020-2021,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
---------------------------------------------------------------------------

    We conducted this review in accordance with section 751 of the 
Tariff Act of 1930, as amended (the Act).

Scope of the Order \4\
---------------------------------------------------------------------------

    \4\ See Phosphate Fertilizers from the Kingdom of Morocco and 
the Russian Federation: Countervailing Duty Orders, 86 FR 18037 
(April 7, 2021) (Order).
---------------------------------------------------------------------------

    The products covered by this Order are phosphate fertilizers. For a 
complete description of the scope of this Order, see the Issues and 
Decision Memorandum.

Analysis of Comments Received

    All issues raised in interested parties' case briefs are addressed 
in the Issues and Decision Memorandum accompanying this notice. A list 
of the issues raised by parties, and to which Commerce responded in the 
Issues and Decision Memorandum, is provided in the appendix to this 
notice. The Issues and 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 Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

[[Page 76183]]

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding the Preliminary Results, and for the 
reasons explained in the Issues and Decision Memorandum, we made 
certain revisions to the subsidy calculations for JSC Apatit. These 
changes are explained in the Issues and Decision Memorandum.

Final Results of Administrative Review

    In accordance with 19 CFR 351.221(b)(4)(i), we calculated an 
individual net countervailable subsidy rate for JSC Apatit. Commerce 
determines that, during the POR, the net countervailable subsidy rate 
for the company under review is as follows:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
Joint Stock Company Apatit \5\..........................           28.50
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose the calculations performed for these 
final results of review within five days of the date of publication of 
this notice in the Federal Register, in accordance with 19 CFR 
351.224(b).
---------------------------------------------------------------------------

    \5\ As discussed in the Preliminary Results PDM, Commerce 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.
---------------------------------------------------------------------------

Assessment Rate

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, countervailing duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review, for the above-listed company at the applicable ad valorem 
assessment rate. 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 
with 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 Rates

    In accordance with section 751(a)(1) of the Act, Commerce intends 
to instruct CBP to collect cash deposits of estimated countervailing 
duties in the amount shown for JSC Apatit on shipments of the subject 
merchandise entered, or withdrawn from warehouse for consumption on or 
after the date of publication of the final results of this 
administrative review. The cash deposit requirement, effective upon the 
publication of the final results of this review, shall remain in effect 
until further notice.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 
written notification of the return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).

    Dated: October 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Use Of Facts Otherwise Available and Adverse Inferences
V. Subsidies Valuation
VI. Analysis of Programs
VII. Discussion of the Issues
    Comment 1: Whether Commerce Should Calculate JSC Apatit's 
Subsidy Rate Based on Data for the Entire Period of Review or 
Calendar Year
    Provision of Mining Rights for Less Than Adequate Remuneration 
(LTAR)
    Comment 2a: Whether the Provision of Mining Rights Provides a 
Financial Contribution
    Comment 2b: Whether Mining Rights Should Be Valued Based on 
Phosphate Rock
    Comment 2c: Whether Commerce Unlawfully Departed from Its 
Practice of Applying a Cut-off Date with Respect to Russia
    Comment 2d: Whether Commerce Should Use JSC Apatit's Gross 
Profit Figure in the Profit Ratio Calculation
    Comment 2e: Whether Commerce Should Subtract Certain Costs JSC 
Apatit Incurred to Maintain Its Post-2002 Licenses
    Comment 2f: Whether Commerce Erred in Its Calculation of the 
Tier 3 Benchmark by Double Counting Volumes, Values, and Resulting 
Average Unit Values (AUVs) for Brazil and South Africa
    Comment 2g: Whether Commerce Erroneously Excluded Export Volume 
and Value Data, and Resulting AUVs, for Togo and Iran in Its Tier 3 
Benchmark Calculation
    Comment 2h: Whether Commerce Should Calculate the Benchmark in 
the Manner Proposed by ADM
    Comment 2i: Whether Commerce Should Adjust the South Africa 
Export Data to Eliminate Distorted Export Prices
    Comment 2j: Whether Commerce Should Rely on Benchmark Sources 
Other Than United Nations Comtrade and IHS Markit's Global Trade 
Atlas
    Comment 2k: Whether Commerce Should Revise JSC Apatit's Cost of 
Sales for the Benefit Calculation
    Comment 2l: Whether Commerce Should Add International Ocean 
Freight Costs to the Benchmark
    Comment 2m: Whether Commerce Should Place the Calculation 
Memorandum and Worksheets from the Preliminary Results of the 
Phosphate Fertilizers from Morocco 2020-21 Administrative Review on 
the Record
    Provision of Natural Gas for LTAR
    Comment 3a: Whether Commerce Should Reject Kazakh Export Data as 
a Natural Gas Benchmark and Use European International Energy Agency 
Data Instead
    Comment 3b: Whether Commerce Should Countervail JSC Apatit's 
Natural Gas Purchases from Independent Suppliers
    Other Program-Specific Issues
    Comment 4: Whether Commerce Properly Determined that the Vologda 
Region's Support of Industrial Development Program Is De Facto 
Specific
    Comment 5: Whether Commerce Should Use a Different Interest Rate 
Benchmark for the Russian Export Center Joint-Stock Company Lending 
Program
VIII. Recommendation

[FR Doc. 2023-24474 Filed 11-3-23; 8:45 am]
BILLING CODE 3510-DS-P

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