Phosphate Fertilizers From the Russian Federation: Notice of Court Decision Not in Harmony With the Final Determination of Countervailing Duty Investigation; Notice of Amended Final Determination and Amended Countervailing Duty Order, 5491-5493 [2024-01713]

Download as PDF Federal Register / Vol. 89, No. 19 / Monday, January 29, 2024 / Notices on the record, there have been no changes made to our adverse facts available (AFA) determination in the Preliminary Results. For a discussion of the issues, see the Issues and Decision Memorandum. Methodology Commerce conducted this administrative review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found to be countervailable, we find that there is a subsidy, i.e., a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.3 Commerce notes that, in making these findings, it relied, in part, on facts available and, because it finds that the sole respondent did not act to the best of its ability to respond to Commerce’s requests for information, it drew an adverse inference where appropriate in selecting from among the facts otherwise available.4 For a full description of the methodology underlying all of Commerce’s conclusions, including our reliance, in part, on facts otherwise available, including adverse facts available, pursuant to sections 776(a) and (b) of the Act, see the Issues and Decision Memorandum. Final Results of Administrative Review As a result of this review, we determine that the following net countervailable subsidy rate exists for the period January 1, 2021, through December 31, 2021: Company Jindal Poly Films Limited ...... Subsidy rate (percent ad valorem) 116.96 ddrumheller on DSK120RN23PROD with NOTICES1 Disclosure Normally, Commerce discloses its calculations and analysis performed in connection with the final results to interested parties within five days of its public announcement, or if there is no public announcement, within five days of the date of publication of this notice, in accordance with 19 CFR 351.224(b). However, because we are applying total AFA in the calculation of the benefit for Jindal in these final results, and the rate is unchanged from the rate assigned in the Preliminary Results, there are no calculations to disclose. 3 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. 4 See sections 776(a) and (b) of the Act. VerDate Sep<11>2014 18:33 Jan 26, 2024 Jkt 262001 Cash Deposit Requirements In accordance with section 751(a)(1) of the Act, Commerce intends to instruct U.S. Customs and Border Protection (CBP) to collect cash deposits of estimated countervailing duties in the amounts shown above for the abovelisted company with regard to shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of these final results of review. For all non-reviewed firms, we will instruct CBP to continue to collect cash deposits of estimated countervailing duties at the all-others rate or the most recent company-specific rate applicable to the company, as appropriate. These cash deposit requirements, effective upon the publication of these final results, shall remain in effect until further notice. Assessment Rates 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 disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or 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 The 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). Frm 00012 Fmt 4703 Dated: January 23, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Use of Facts Otherwise Available and Adverse Inferences V. Discussion of the Issues Comment 1: Whether Jindal Failed To Cooperate to the Best of Its Ability Comment 2: Whether Commerce Acted Arbitrarily in Applying Adverse Facts Available (AFA) to Jindal Comment 3: Whether the AFA Rate is Reasonable Comment 4: Whether the Advanced Authorization Program (AAP) and Duty Drawback (DDB) Schemes are Countervailable VI. Recommendation [FR Doc. 2024–01714 Filed 1–26–24; 8:45 am] In accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(2), Commerce has determined, and CBP shall assess, countervailing duties on all appropriate entries covered by this review. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after 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). PO 00000 5491 Sfmt 4703 BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–821–825] Phosphate Fertilizers From the Russian Federation: Notice of Court Decision Not in Harmony With the Final Determination of Countervailing Duty Investigation; Notice of Amended Final Determination and Amended Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On January 19, 2024, the U.S. Court of International Trade (CIT) issued its final judgment in The Mosaic Company v. United States, Consol. Court No. 21–00117, sustaining the U.S. Department of Commerce’s (Commerce) remand redetermination pertaining to the countervailing duty (CVD) investigation of phosphate fertilizers from the Russian Federation (Russia) covering the period of investigation, January 1, 2019, through December 31, 2019. Commerce is notifying the public that the CIT’s final judgment is not in harmony with Commerce’s final determination in that investigation, and that Commerce is amending the final determination and the resulting CVD order with respect to the countervailable subsidy rates assigned to Industrial Group Phosphorite LLC (EuroChem), Joint Stock Company Apatit (JSC Apatit), and all others. DATES: Applicable January 29, 2024. AGENCY: E:\FR\FM\29JAN1.SGM 29JAN1 5492 Federal Register / Vol. 89, No. 19 / Monday, January 29, 2024 / Notices 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: ddrumheller on DSK120RN23PROD with NOTICES1 Background On February 16, 2021, Commerce published its final determination in the CVD investigation of phosphate fertilizers from Russia.1 Commerce calculated countervailable subsidy rates of 47.05 percent for EuroChem, 9.19 percent for JSC Apatit, and 17.20 percent for all other producers/exporters of phosphate fertilizers in Russia.2 Commerce subsequently published the CVD order on phosphate fertilizers from Russia.3 JSC Apatit, EuroChem, and the petitioner 4 appealed Commerce’s Final Determination. On September 2, 2022, the CIT remanded the Final Determination to Commerce, directing Commerce to: (1) adjust the final total sales calculation for EuroChem to the proper figures and explain the calculation; (2) either remove the added value-added tax (VAT) and import duties from the natural gas benchmark price or offer further explanation for why, when tier one and tier two benchmark prices are rejected, it was reasonable to add additional VAT and import duties; and (3) either explain why Commerce was unable to countervail recurring subsidies from mining licenses granted by the Government of Russia (GOR) prior to Russia’s designation as a market economy on April 1, 2002, or abandon the cut-off date methodology.5 In the First Remand Results, issued in December 2022, Commerce adjusted the final total sales calculation to the proper figures and explained the calculation further, removed the added VAT and import duties from the natural gas benchmark price, and revised the subsidy calculation for the Provision of 1 See Phosphate Fertilizers from the Russian Federation: Final Affirmative Countervailing Duty Determination, 86 FR 9479 (February 16, 2021) (Final Determination), and accompanying Issues and Decision Memorandum. 2 Id., 86 FR at 9480. 3 See Phosphate Fertilizers from the Kingdom of Morocco and the Russian Federation: Countervailing Duty Orders, 86 FR 18037 (April 7, 2021) (Order). 4 The petitioner is The Mosaic Company. 5 See The Mosaic Company, et al v. United States, Consol. Court No. 21–00117, Slip Op. 22–103 (CIT September 2, 2022) (First Remand Order), at 33–34, 39, and 41. VerDate Sep<11>2014 18:33 Jan 26, 2024 Jkt 262001 Mining Rights for Less Than Adequate Remuneration (LTAR) program by countervailing recurring subsidies from mining licenses granted by the GOR prior to Russia’s designation as a market economy on April 1, 2002.6 Consequently, Commerce made changes to EuroChem’s and JSC Apatit’s final subsidy rates from the investigation, as well as the all-others rate.7 In its Second Remand Order, issued on July 11, 2023, the CIT remanded certain aspects of Commerce’s First Remand Results for further explanation or reconsideration.8 Specifically, the CIT directed Commerce to: (1) explain why reconciling phosphate rock cost information to the financial statements of JSC Apatit’s parent company, PhosAgro PJSC, was sufficient, or seek further information from JSC Apatit; (2) explain why it found a submission by EuroChem to be supported, and respond to the petitioner’s specific objections regarding this submission; and (3) explain the selection of profit before tax in the benefit calculation for the GOR’s provision of mining rights.9 On October 11, 2023, Commerce issued the Second Remand Results.10 In the Second Remand Results, Commerce: (1) explained how JSC Apatit reconciled its phosphate rock cost information to its financial statements in a submission filed after the First Remand Results; (2) explained how a translated submission by EuroChem after the First Remand Results supported the cost reconciliations that it previously provided; and (3) explained why the use of profit before tax in the benefit calculation for the Provision of Mining Rights for LTAR program was appropriate.11 Based on this analysis, Commerce made no changes to the subsidy rates calculated for EuroChem, JSC Apatit, and all others in the First 6 See Final Results of Redetermination Pursuant to Court Remand, The Mosaic Company, Phosagro PJSC, JSC Apatit, Industrial Group Phosphorite LLC v. United States, The Mosaic Company, Phosagro PSJC, JSC Apatit, Industrial Group Phosphorite LLC, Consol. Court No. 21–00117 (CIT September 2, 2022), dated December 16, 2022 (First Remand Results), available at https://access.trade.gov/ resources/remands/22-103.pdf. 7 Id. at 33. 8 See The Mosaic Company v. United States, Consol. Court No. 21–00117, Slip Op. 23–99 (CIT July 11, 2023) (Second Remand Order). 9 See Second Remand Order at 16–20. 10 See Final Results of Redetermination Pursuant to Court Remand, The Mosaic Company, Phosagro PJSC, JSC Apatit, Industrial Group Phosphorite LLC v. United States, The Mosaic Company, Phosagro PSJC, JSC Apatit, Industrial Group Phosphorite LLC, Consol. Court No. 21–00117 (CIT July 11, 2023), dated October 11, 2023 (Second Remand Results), available at https://access.trade.gov/resources/ remands/23-99.pdf. 11 See, generally, id. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 Remand Results.12 On January 19, 2024, the CIT sustained Commerce’s Second Remand Results.13 Timken Notice In its decision in Timken,14 as clarified by Diamond Sawblades,15 the Court of Appeals for the Federal Circuit held that, pursuant to sections 516A(c) and (e) of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s January 19, 2024, judgment constitutes a final decision of the CIT that is not in harmony with Commerce’s Final Determination. Thus, this notice is published in fulfillment of the publication requirements of Timken. Amended Final Determination Because there is now a final court judgment, Commerce is amending its Final Determination with respect to EuroChem, JSC Apatit, and all others as follows: Company EuroChem 17 ......................... JSC Apatit 18 ......................... All Others .............................. Subsidy rate 16 (percent ad valorem) 23.77 14.30 16.30 Amended CVD Order Because there is now a final court decision, Commerce is amending its Final Determination and Order. As a result of this amended final determination, Commerce is hereby 12 Id. at 31. The Mosaic Company v. United States, Consol. Court No. 21–00117, Slip Op. 24–04 (CIT January 19, 2024). 14 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 15 See Diamond Sawblades Manufacturers Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). 16 See First Remand Results at 33. 17 Commerce found the following companies to be cross-owned with EuroChem in the Final Determination: Mineral and Chemical Company EuroChem, JSC; NAK Azot, JSC; EuroChem Northwest, JSC; Joint Stock Company Kovdorksy GOK; EuroChem-Energo, LLC; EuroChem-Usolsky Potash Complex, LLC; EuroChem-BMU, LLC; JSC Nevinnomyssky Azot; and EuroChem Trading Rus, LLC. See Final Determination, 87 FR at 9480. 18 Commerce found the following companies to be cross-owned with JSC Apatit in the Final Determination: PhosAgro PJSC; PhosAgro-Belgorod LLC; PhosAgro-Don LLC; PhosAgro-Kuban LLC; PhosAgro-Kursk LLC; PhosAgro-Lipetsk LLC; PhosAgro-Orel LLC; PhosAgro-Stavropol LLC; PhosAgro-Volga LLC; PhosAgro-SeveroZapad LLC; PhosAgro-Tambov LLC; and Martynovsk AgrokhimSnab LLC. See Final Determination, 87 FR at 9480. 13 See E:\FR\FM\29JAN1.SGM 29JAN1 Federal Register / Vol. 89, No. 19 / Monday, January 29, 2024 / Notices updating JSC Apatit’s and EuroChem’s ad valorem subsidy rates. Additionally, because the all-others rate was based on JSC Apatit’s and EuroChem’s rates, Commerce is also updating the allothers rate. Cash Deposit Requirements For EuroChem and all others, Commerce will issue revised cash deposit instructions to U.S. Customs and Border Protection (CBP). For JSC Apatit, however, the cash deposit rate has been superseded by the cash deposit rate calculated in the subsequent administrative review of the CVD order on phosphate fertilizers from Russia.19 Thus, we are not implementing an amended cash deposit rate for JSC Apatit. This notice will not affect the current cash deposit rate for JSC Apatit. Liquidation of Suspended Entries At this time, Commerce remains enjoined by CIT order from liquidating entries that were produced and/or exported by JSC Apatit and certain cross-owned companies 20 that were entered, or withdrawn from warehouse, during the period November 30, 2020, through December 31, 2021. These entries will remain enjoined pursuant to the terms of the injunction during the pendency of any appeals process. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c) and (e) and 777(i)(1) of the Act. Dated: January 23, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2024–01713 Filed 1–26–24; 8:45 am] ddrumheller on DSK120RN23PROD with NOTICES1 BILLING CODE 3510–DS–P 19 See Phosphate Fertilizers from the Russian Federation: Final Results of Countervailing Duty Administrative Review; 2020–2021, 88 FR 76182 (November 6, 2023). 20 These cross-owned companies are 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 18:33 Jan 26, 2024 Jkt 262001 DEPARTMENT OF COMMERCE International Trade Administration [A–557–825] Certain Paper Shopping Bags From Malaysia: Postponement of Final Determination of Sales at Less Than Fair Value Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) is postponing the deadline for issuing the final determination in the less-than-fair-value (LTFV) investigation of certain paper shopping bags (shopping bags) from Malaysia until May 17, 2024, and is extending the provisional measures from a four-month period to a period of not more than six months. DATES: Applicable January 29, 2024. FOR FURTHER INFORMATION CONTACT: Daniel Alexander, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4313. SUPPLEMENTARY INFORMATION: AGENCY: Background On June 20, 2023, Commerce initiated an LTFV investigation of imports of paper bags from Malaysia.1 The period of investigation is April 1, 2022, through March 31, 2023. On January 3, 2024, Commerce published its preliminary determination in this LTFV investigation of paper bags from Malaysia.2 Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(b)(2) provide that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by the exporters or producers who account for a significant proportion of exports of the subject merchandise, or in 1 See Certain Paper Shopping Bags from Cambodia, the People’s Republic of China, Colombia, India, Malaysia, Portugal, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations, 88 FR 41589 (June 27, 2023). 2 See Certain Paper Shopping Bags from Malaysia: Preliminary Affirmative Determination of Sales at Less-Than- Fair-Value, 89 FR 333 (January 3, 2024) (Preliminary Determination). PO 00000 Frm 00014 Fmt 4703 Sfmt 9990 5493 the event of a negative preliminary determination, a request for such postponement is made by the petitioners. Further, 19 CFR 351.210(e)(2) requires that such postponement requests by exporters be accompanied by a request for extension of provisional measures from a fourmonth period to a period not more than six months, in accordance with section 733(d) of the Act. On January 5, 2024, Nanwang Pack (M) Sdn. Bhd. (Nanwang) and Hexachase Packaging Sdn Bhd, Malaysia (Hexachase), mandatory respondents in this investigation, requested that Commerce postpone the deadline for final determination until no later than 135 days from the publication of the Preliminary Determination, and extend the application of the provisional measures from a four-month period to a period of not more than six months.3 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) the preliminary determination was affirmative; (2) the request for postponement was made by the exporters and producers who accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination until no later than 135 days after the date of publication of the Preliminary Determination, and extending the provisional measures from a four-month period to a period of not more than six months. Accordingly, Commerce will issue its final determination no later than May 17, 2024. This notice is issued and published pursuant to section 735(a)(2) of the Act and 19 CFR 351.210(g). Dated: January 19, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2024–01702 Filed 1–26–24; 8:45 am] BILLING CODE 3510–DS–P 3 See Hexachase’s Letter, ‘‘Request to Postpone the Final Determination in the matter of case no A– 557–825,’’ dated January 5, 2024; see also Nanwang’s Letter, ‘‘Request to Extend Final Determination,’’ dated January 5, 2023. E:\FR\FM\29JAN1.SGM 29JAN1

Agencies

[Federal Register Volume 89, Number 19 (Monday, January 29, 2024)]
[Notices]
[Pages 5491-5493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01713]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[C-821-825]


Phosphate Fertilizers From the Russian Federation: Notice of 
Court Decision Not in Harmony With the Final Determination of 
Countervailing Duty Investigation; Notice of Amended Final 
Determination and Amended Countervailing Duty Order

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

SUMMARY: On January 19, 2024, the U.S. Court of International Trade 
(CIT) issued its final judgment in The Mosaic Company v. United States, 
Consol. Court No. 21-00117, sustaining the U.S. Department of 
Commerce's (Commerce) remand redetermination pertaining to the 
countervailing duty (CVD) investigation of phosphate fertilizers from 
the Russian Federation (Russia) covering the period of investigation, 
January 1, 2019, through December 31, 2019. Commerce is notifying the 
public that the CIT's final judgment is not in harmony with Commerce's 
final determination in that investigation, and that Commerce is 
amending the final determination and the resulting CVD order with 
respect to the countervailable subsidy rates assigned to Industrial 
Group Phosphorite LLC (EuroChem), Joint Stock Company Apatit (JSC 
Apatit), and all others.

DATES: Applicable January 29, 2024.

[[Page 5492]]


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

    On February 16, 2021, Commerce published its final determination in 
the CVD investigation of phosphate fertilizers from Russia.\1\ Commerce 
calculated countervailable subsidy rates of 47.05 percent for EuroChem, 
9.19 percent for JSC Apatit, and 17.20 percent for all other producers/
exporters of phosphate fertilizers in Russia.\2\ Commerce subsequently 
published the CVD order on phosphate fertilizers from Russia.\3\
---------------------------------------------------------------------------

    \1\ See Phosphate Fertilizers from the Russian Federation: Final 
Affirmative Countervailing Duty Determination, 86 FR 9479 (February 
16, 2021) (Final Determination), and accompanying Issues and 
Decision Memorandum.
    \2\ Id., 86 FR at 9480.
    \3\ See Phosphate Fertilizers from the Kingdom of Morocco and 
the Russian Federation: Countervailing Duty Orders, 86 FR 18037 
(April 7, 2021) (Order).
---------------------------------------------------------------------------

    JSC Apatit, EuroChem, and the petitioner \4\ appealed Commerce's 
Final Determination. On September 2, 2022, the CIT remanded the Final 
Determination to Commerce, directing Commerce to: (1) adjust the final 
total sales calculation for EuroChem to the proper figures and explain 
the calculation; (2) either remove the added value-added tax (VAT) and 
import duties from the natural gas benchmark price or offer further 
explanation for why, when tier one and tier two benchmark prices are 
rejected, it was reasonable to add additional VAT and import duties; 
and (3) either explain why Commerce was unable to countervail recurring 
subsidies from mining licenses granted by the Government of Russia 
(GOR) prior to Russia's designation as a market economy on April 1, 
2002, or abandon the cut-off date methodology.\5\
---------------------------------------------------------------------------

    \4\ The petitioner is The Mosaic Company.
    \5\ See The Mosaic Company, et al v. United States, Consol. 
Court No. 21-00117, Slip Op. 22-103 (CIT September 2, 2022) (First 
Remand Order), at 33-34, 39, and 41.
---------------------------------------------------------------------------

    In the First Remand Results, issued in December 2022, Commerce 
adjusted the final total sales calculation to the proper figures and 
explained the calculation further, removed the added VAT and import 
duties from the natural gas benchmark price, and revised the subsidy 
calculation for the Provision of Mining Rights for Less Than Adequate 
Remuneration (LTAR) program by countervailing recurring subsidies from 
mining licenses granted by the GOR prior to Russia's designation as a 
market economy on April 1, 2002.\6\ Consequently, Commerce made changes 
to EuroChem's and JSC Apatit's final subsidy rates from the 
investigation, as well as the all-others rate.\7\
---------------------------------------------------------------------------

    \6\ See Final Results of Redetermination Pursuant to Court 
Remand, The Mosaic Company, Phosagro PJSC, JSC Apatit, Industrial 
Group Phosphorite LLC v. United States, The Mosaic Company, Phosagro 
PSJC, JSC Apatit, Industrial Group Phosphorite LLC, Consol. Court 
No. 21-00117 (CIT September 2, 2022), dated December 16, 2022 (First 
Remand Results), available at https://access.trade.gov/resources/remands/22-103.pdf.
    \7\ Id. at 33.
---------------------------------------------------------------------------

    In its Second Remand Order, issued on July 11, 2023, the CIT 
remanded certain aspects of Commerce's First Remand Results for further 
explanation or reconsideration.\8\ Specifically, the CIT directed 
Commerce to: (1) explain why reconciling phosphate rock cost 
information to the financial statements of JSC Apatit's parent company, 
PhosAgro PJSC, was sufficient, or seek further information from JSC 
Apatit; (2) explain why it found a submission by EuroChem to be 
supported, and respond to the petitioner's specific objections 
regarding this submission; and (3) explain the selection of profit 
before tax in the benefit calculation for the GOR's provision of mining 
rights.\9\
---------------------------------------------------------------------------

    \8\ See The Mosaic Company v. United States, Consol. Court No. 
21-00117, Slip Op. 23-99 (CIT July 11, 2023) (Second Remand Order).
    \9\ See Second Remand Order at 16-20.
---------------------------------------------------------------------------

    On October 11, 2023, Commerce issued the Second Remand Results.\10\ 
In the Second Remand Results, Commerce: (1) explained how JSC Apatit 
reconciled its phosphate rock cost information to its financial 
statements in a submission filed after the First Remand Results; (2) 
explained how a translated submission by EuroChem after the First 
Remand Results supported the cost reconciliations that it previously 
provided; and (3) explained why the use of profit before tax in the 
benefit calculation for the Provision of Mining Rights for LTAR program 
was appropriate.\11\ Based on this analysis, Commerce made no changes 
to the subsidy rates calculated for EuroChem, JSC Apatit, and all 
others in the First Remand Results.\12\ On January 19, 2024, the CIT 
sustained Commerce's Second Remand Results.\13\
---------------------------------------------------------------------------

    \10\ See Final Results of Redetermination Pursuant to Court 
Remand, The Mosaic Company, Phosagro PJSC, JSC Apatit, Industrial 
Group Phosphorite LLC v. United States, The Mosaic Company, Phosagro 
PSJC, JSC Apatit, Industrial Group Phosphorite LLC, Consol. Court 
No. 21-00117 (CIT July 11, 2023), dated October 11, 2023 (Second 
Remand Results), available at https://access.trade.gov/resources/remands/23-99.pdf.
    \11\ See, generally, id.
    \12\ Id. at 31.
    \13\ See The Mosaic Company v. United States, Consol. Court No. 
21-00117, Slip Op. 24-04 (CIT January 19, 2024).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken,\14\ as clarified by Diamond 
Sawblades,\15\ the Court of Appeals for the Federal Circuit held that, 
pursuant to sections 516A(c) and (e) of the Tariff Act of 1930, as 
amended (the Act), Commerce must publish a notice of court decision 
that is not ``in harmony'' with a Commerce determination and must 
suspend liquidation of entries pending a ``conclusive'' court decision. 
The CIT's January 19, 2024, judgment constitutes a final decision of 
the CIT that is not in harmony with Commerce's Final Determination. 
Thus, this notice is published in fulfillment of the publication 
requirements of Timken.
---------------------------------------------------------------------------

    \14\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \15\ See Diamond Sawblades Manufacturers Coalition v. United 
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------

Amended Final Determination

    Because there is now a final court judgment, Commerce is amending 
its Final Determination with respect to EuroChem, JSC Apatit, and all 
others as follows:
---------------------------------------------------------------------------

    \16\ See First Remand Results at 33.
    \17\ Commerce found the following companies to be cross-owned 
with EuroChem in the Final Determination: Mineral and Chemical 
Company EuroChem, JSC; NAK Azot, JSC; EuroChem Northwest, JSC; Joint 
Stock Company Kovdorksy GOK; EuroChem-Energo, LLC; EuroChem-Usolsky 
Potash Complex, LLC; EuroChem-BMU, LLC; JSC Nevinnomyssky Azot; and 
EuroChem Trading Rus, LLC. See Final Determination, 87 FR at 9480.
    \18\ Commerce found the following companies to be cross-owned 
with JSC Apatit in the Final Determination: PhosAgro PJSC; PhosAgro-
Belgorod LLC; PhosAgro-Don LLC; PhosAgro-Kuban LLC; PhosAgro-Kursk 
LLC; PhosAgro-Lipetsk LLC; PhosAgro-Orel LLC; PhosAgro-Stavropol 
LLC; PhosAgro-Volga LLC; PhosAgro-SeveroZapad LLC; PhosAgro-Tambov 
LLC; and Martynovsk AgrokhimSnab LLC. See Final Determination, 87 FR 
at 9480.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                           \16\ (percent
                                                            ad valorem)
------------------------------------------------------------------------
EuroChem \17\...........................................           23.77
JSC Apatit \18\.........................................           14.30
All Others..............................................           16.30
------------------------------------------------------------------------

Amended CVD Order

    Because there is now a final court decision, Commerce is amending 
its Final Determination and Order. As a result of this amended final 
determination, Commerce is hereby

[[Page 5493]]

updating JSC Apatit's and EuroChem's ad valorem subsidy rates. 
Additionally, because the all-others rate was based on JSC Apatit's and 
EuroChem's rates, Commerce is also updating the all-others rate.

Cash Deposit Requirements

    For EuroChem and all others, Commerce will issue revised cash 
deposit instructions to U.S. Customs and Border Protection (CBP). For 
JSC Apatit, however, the cash deposit rate has been superseded by the 
cash deposit rate calculated in the subsequent administrative review of 
the CVD order on phosphate fertilizers from Russia.\19\ Thus, we are 
not implementing an amended cash deposit rate for JSC Apatit. This 
notice will not affect the current cash deposit rate for JSC Apatit.
---------------------------------------------------------------------------

    \19\ See Phosphate Fertilizers from the Russian Federation: 
Final Results of Countervailing Duty Administrative Review; 2020-
2021, 88 FR 76182 (November 6, 2023).
---------------------------------------------------------------------------

Liquidation of Suspended Entries

    At this time, Commerce remains enjoined by CIT order from 
liquidating entries that were produced and/or exported by JSC Apatit 
and certain cross-owned companies \20\ that were entered, or withdrawn 
from warehouse, during the period November 30, 2020, through December 
31, 2021. These entries will remain enjoined pursuant to the terms of 
the injunction during the pendency of any appeals process.
---------------------------------------------------------------------------

    \20\ These cross-owned companies are 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.
---------------------------------------------------------------------------

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c) and (e) and 777(i)(1) of the Act.

    Dated: January 23, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-01713 Filed 1-26-24; 8:45 am]
BILLING CODE 3510-DS-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.