Phosphate Fertilizers From the Kingdom of Morocco: Final Results of Countervailing Duty Administrative Review; 2020-2021, 76726-76727 [2023-24581]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 88, Number 214 (Tuesday, November 7, 2023)]
[Notices]
[Pages 76726-76727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24581]



[[Page 76726]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-714-001]


Phosphate Fertilizers From the Kingdom of Morocco: 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 OCP 
S.A. (OCP), a producer/exporter of phosphate fertilizers from the 
Kingdom of Morocco (Morocco), received countervailable subsidies during 
the period of review (POR), November 30, 2020, through December 31, 
2021.

DATES: Applicable November 7, 2023.

FOR FURTHER INFORMATION CONTACT: Jaron Moore or Robert Palmer, 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) 482-3640 or (202) 
482-9068, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published the preliminary results of this administrative 
review on May 5, 2023.\1\ On August 23, 2023, Commerce extended the 
deadline for the final results of this review to no later than November 
1, 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).
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    \1\ See Phosphate Fertilizers from the Kingdom of Morocco: 
Preliminary Results of Countervailing Duty Administrative Review; 
2020-2021, 88 FR 29089 (May 5, 2023) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
Countervailing Duty Administrative Review,'' dated August 23, 2023.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Countervailing Duty Administrative Review of 
Phosphate Fertilizers from the Kingdom of Morocco; 2020-2021,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
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Scope of the 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.

Verification

    As provided in section 782(i) of the Act, in September 2023, 
Commerce conducted an on-site verification of the subsidy information 
reported by OCP and the Government of Morocco. We used standard on-site 
verification procedures, including an examination of relevant 
accounting records and original source documents provided by the 
respondent.

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 OCP. 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 OCP. 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)
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OCP S.A. \4\............................................            2.12
------------------------------------------------------------------------

Disclosure
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    \4\ 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; and 
Jorf Fertilizers Company V.
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    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

    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 OCP 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 
an 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).


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    Dated: November 1, 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
    General
    Comment 1: Whether to Accept OCP's Payroll Tax Refund as a Minor 
Correction
    Comment 2: Whether Commerce's ``Other Assistance'' Question Is 
Contrary to Law
    Comment 3: Whether Commerce Can Seek Information About the 
Provision of Rail Service for Less Than Adequate Remuneration (LTAR) 
and Direct Loans
    Comment 4: Whether Maroc Phosphore Is a Reporting Entity
    Provision of Mining Rights for LTAR
    Comment 5: Whether Commerce Should Revise the Phosphate Rock 
Benchmark
    Comment 6: Whether to Include or Exclude Headquarters (HQ), 
Support, and Debt Costs in the Costs of Producing Phosphate Rock
    Comment 7: The Cost of Production (COP) Profit Rate
    Comment 8: Whether Commerce Should Apply Adverse Facts Available 
(AFA) and Disregard OCP's Reported Costs of Production for Phosphate 
Rock
    Comment 9: Whether Commerce Should Adjust the Phosphate Rock 
Benchmark for Freight
    Reductions in Tax Fines and Penalties
    Comment 10: Whether the Reductions in Tax Fines and Penalties Is 
Specific
    Provision of Port Services for LTAR
    Comment 11: Whether Agence Nationale des Ports' (ANP) Provision 
of Port Services and Infrastructure to OCP Constitutes a Financial 
Contribution
    Comment 12: Whether ANP's Provision of Port Services Is De Facto 
Specific
    Comment 13: Whether ANP's Provision of Port Services Confers a 
Benefit Customs Duty Exemption for Capital Goods, Machinery, and 
Equipment
    Comment 14: Whether to Correct a Ministerial Error in the 
Benefit Calculation for the Customs Duty Exemptions for Capital 
Goods, Machinery, and Equipment Program
VIII. Recommendation

[FR Doc. 2023-24581 Filed 11-6-23; 8:45 am]
BILLING CODE 3510-DS-P