Phosphate Fertilizers from the Russian Federation: Preliminary Results and Partial Rescission of the Countervailing Duty Administrative Review; 2022, 35794-35796 [2024-09585]
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35794
Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Notices
Preliminary Determination of No
Shipments
Tanai, an exporter that received a
separate rate in a previous segment of
the proceeding and is subject to this
review, reported that it had no
shipments of subject merchandise
during the POR. We requested that CBP
report any contrary information. CBP
reported that an entry was made under
the CBP 10-digit case number for Tainai,
i.e., the importer of record entered the
shipment pursuant to Tainai’s cash
deposit requirement, but the
information for the suspended entry
identifies a different manufacturer and
exporter for that merchandise.16
Therefore, based on our analysis of
information from CBP and the
certification provided by Tainai, we
preliminarily determine that Tanai
made no shipments of subject
merchandise to the United States during
the POR. Further, consistent with
Commerce’s practice, we find that it is
not appropriate to rescind the review
with respect to Tanai, but rather to
complete the review and issue
appropriate assessment instructions to
CBP based on the final results of
review.17
Assessment
khammond on DSKJM1Z7X2PROD with NOTICES
For the companies for which this
review is being rescinded, in part,
Commerce will instruct CBP to assess
antidumping duties on all appropriate
entries. Antidumping duties shall be
assessed at rates equal to the cash
deposit rate for estimated antidumping
duties required at the time of entry, or
withdrawal from warehouse, for
consumption, in accordance with 19
CFR 351.212(c)(1)(i). With respect to the
recission of this review, in part,
Commerce intends to issue assessment
instructions to CBP no earlier than 35
days after the date of publication of this
notice in the Federal Register.
When Commerce determines that an
exporter under review made no
shipments of subject merchandise
during the POR, upon issuing the final
results, Commerce will instruct CBP to
liquidate any suspended entries of
subject merchandise that entered under
that exporter’s cash deposit
requirement, i.e., under the exporter’s
CBP case number, during the POR at the
16 See Memorandum, ‘‘No Shipment Inquiry for
Shanghai Tainai Bearings Co., Ltd. (A–570–601)
during the period 06/01/2022 through 05/31/2023,’’
dated October 18, 2023.
17 See, e.g., Certain Steel Threaded Rod from the
People’s Republic of China: Preliminary Results of
the Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2018–
2019, 84 FR 71900 (December 30, 2019).
VerDate Sep<11>2014
17:14 May 01, 2024
Jkt 262001
weighted-average dumping margin for
the China-wide entity.18
With respect to Tainai, Commerce
intends 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 Rates
As a result of this administrative
review, Commerce does not intend to
revise the cash deposit requirements for
estimated antidumping duties for
entries subject to the Order.
Notification Regarding Administrative
Protective Order
This notice serves as the only
reminder to parties subject to
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 violation subject to sanction.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR
351.213(d)(4) and 351.221(b)(4).
Dated: April 26, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
[FR Doc. 2024–09588 Filed 5–1–24; 8:45 am]
BILLING CODE 3510–DS–P
18 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
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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; 2022
Enforcement and Compliance,
International Trade Administration,
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
January 1, 2022, through December 31,
2022.
DATES: Applicable May 2, 2024.
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.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On June 12, 2023, Commerce
published a notice of initiation of an
administrative review of the
countervailing duty (CVD) order on
phosphate fertilizers from Russia.1 On
November 27, 2023, Commerce
extended the deadline for the
preliminary results of this review until
April 26, 2024.2
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
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
38021 (June 12, 2023) (Initiation Notice).
2 See Memorandum, ‘‘Extension of Deadline for
the Preliminary Results of the 2022 Countervailing
Duty Administrative Review,’’ dated November 27,
2023.
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results and Partial Rescission of
the Countervailing Duty Administrative Review;
2022: Phosphate Fertilizers from the Russian
Federation,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
E:\FR\FM\02MYN1.SGM
02MYN1
Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Notices
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/.
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
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the parties that requested the
review withdraw their review requests
within 90 days of the date of publication
of the notice of initiation for the
requested review.4 On September 11,
2023, The Mosaic Company (the
petitioner) withdrew its request for the
review of Industrial Group Phosphorite
LLC, a member of the EuroChem Group,
within the 90-day deadline.5 No other
parties requested an administrative
review of this company. Therefore, in
accordance with 19 CFR 351.213(d)(1),
Commerce is rescinding the
administrative review of Industrial
Group Phosphorite LLC. For additional
information regarding this
determination, see the Preliminary
Decision Memorandum.
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.6 For a full
description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum.
khammond on DSKJM1Z7X2PROD with NOTICES
Preliminary Results of Review
As a result of this review, we
preliminarily determine the following
net countervailable subsidy rate for the
4 See
Initiation Notice, 88 FR 38021.
Petitioner’s Letter, ‘‘Withdrawal of Request
for Countervailing Duty Administrative Review,’’
dated September 11, 2023.
6 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.
5 See
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17:14 May 01, 2024
Jkt 262001
35795
period January 1, 2022, through
December 31, 2022:
request that interested parties limit their
public executive summary of each issue
to no more than 450 words, not
Subsidy
including citations. We intend to use
rate
the public executive summaries as the
Producer/exporter
(percent
basis of the comment summaries
ad valoincluded in the issues and decision
rem)
memorandum that will accompany the
Joint Stock Company Apatit 7 .....
18.83 final results in this administrative
review. We request that interested
Disclosure and Public Comment
parties include footnotes for relevant
citations in the public executive
Commerce intends to disclose its
summary of each issue. Note that
calculations performed to interested
Commerce has amended certain of its
parties for these preliminary results
requirements pertaining to the service of
within five days of any public
documents in 19 CFR 351.303(f).12
announcement or, if there is no public
announcement, within five days of the
Pursuant to 19 CFR 351.310(c),
date of publication of this notice in the
interested parties who wish to request a
Federal Register in accordance with 19
hearing must submit a written request to
CFR 351.224(b).
the Assistant Secretary for Enforcement
Case briefs or other written comments and Compliance, filed electronically via
may be submitted to the Assistant
ACCESS. Requests should contain: (1)
Secretary for Enforcement and
the party’s name, address, and
Compliance.8 A timeline for the
telephone number; (2) the number of
submission of case briefs and written
participants; and (3) a list of issues to be
comments will be notified to interested
discussed. Issues raised in the hearing
parties at a later date. Rebuttal briefs,
will be limited to those raised in the
limited to issues raised in the case
respective case briefs. An electronically
briefs, may be filed not later than five
filed hearing request must be received
days after the date for filing case briefs.9 successfully in its entirety by
Interested parties that submit case briefs Commerce’s electronic records system,
or rebuttal briefs in this proceeding
ACCESS, by 5 p.m. Eastern Time within
must submit: (1) a table of contents
30 days after the date of publication of
listing each issue; and (2) a table of
this notice.
authorities.10
Unless the deadline is extended, we
As provided under 19 CFR
intend to issue the final results of this
351.309(c)(2) and (d)(2), in prior
administrative review, which will
proceedings we have encouraged
include the results of our analysis of the
interested parties to provide an
issues raised in the case briefs, within
executive summary of their brief that
120 days of publication of these
should be limited to five pages total,
preliminary results in the Federal
including footnotes. In this review, we
Register, pursuant to section
instead request that interested parties
751(a)(3)(A) of the Act and 19 CFR
provide at the beginning of their briefs
351.213(h).
a public, executive summary for each
issue raised in their briefs.11 Further, we Verification
7 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.
8 See 19 CFR 351.309(c)(1)(ii); see also 19 CFR
351.303 for general filing requirements.
9 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Procedures).
10 See 19 CFR 351.309(c)(2) and (d)(2).
11 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
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As provided in section 782(i)(3) of the
Act, Commerce intends to verify the
information relied upon for its final
results.
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.
in a comment of the Issues and Decision
Memorandum.
12 See APO and Service Procedures.
E:\FR\FM\02MYN1.SGM
02MYN1
35796
Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Notices
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 January 1, 2022, through
December 31, 2022, 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 nonreviewed 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.
khammond on DSKJM1Z7X2PROD with NOTICES
Notification to Interested Parties
These preliminary results and partial
rescission of review are issued and
published pursuant to sections 751(a)(1)
and 777(i)(1) of the Act, 19 CFR
351.213(d)(1), and 19 CFR 351.221(b)(4).
Dated: April 26, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the 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
VerDate Sep<11>2014
17:14 May 01, 2024
Jkt 262001
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. 2024–09585 Filed 5–1–24; 8:45 am]
BILLING CODE 3510–DS–P
Commerce and the name of the ACCESS
scope segment where the scope
applications can be found.1 This notice
does not include applications which
have been rejected and not properly
resubmitted. The scope ruling
applications listed below are available
on Commerce’s online e-filing and
document management system,
Antidumping and Countervailing Duty
Electronic Service System (ACCESS), at
https://access.trade.gov.
DEPARTMENT OF COMMERCE
Scope Ruling Applications
International Trade Administration
Passenger Vehicle and Light Truck
Tires from Taiwan (A–583–869);
temporary-use spare tires; 2 produced in
and exported from Taiwan; submitted
by Cheng Shin Rubber USA Inc.; March
11, 2024; ACCESS scope segment
‘‘SCO—T-Type.’’
Aluminum Extrusions from the
People’s Republic of China (China) (A–
570–967/C–570–968); aluminum
extrusion parts of vacuum cleaner and
mopping systems; 3 produced in and
exported from China; submitted by
Kaivac, Inc.; March 13, 2024; ACCESS
scope segment ‘‘SCO—Kaivac Mop &
Vacuum Products.’’
Certain Steel Wheels 12 to 16.5 Inches
in Diameter from China (A–570–090/C–
570–091); certain passenger vehicle and
light truck wheels; 4 produced in and
exported from China; submitted by
Allied Wheel Components, Inc.; March
Notice of Scope Ruling Applications
Filed in Antidumping and
Countervailing Duty Proceedings
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) received scope
ruling applications, requesting that
scope inquiries be conducted to
determine whether identified products
are covered by the scope of antidumping
duty (AD) and/or countervailing duty
(CVD) orders and that Commerce issue
scope rulings pursuant to those
inquiries. In accordance with
Commerce’s regulations, we are
notifying the public of the filing of the
scope ruling applications listed below
in the month of March 2024.
DATES: Applicable May 2, 2024.
FOR FURTHER INFORMATION CONTACT:
Terri Monroe, AD/CVD Operations,
Customs Liaison Unit, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, telephone:
(202) 482–1384.
AGENCY:
Notice of Scope Ruling Applications
In accordance with 19 CFR
351.225(d)(3), we are notifying the
public of the following scope ruling
applications related to AD and CVD
orders and findings filed in or around
the month of March 2024. This
notification includes, for each scope
application: (1) identification of the AD
and/or CVD orders at issue (19 CFR
351.225(c)(1)); (2) concise public
descriptions of the products at issue,
including the physical characteristics
(including chemical, dimensional and
technical characteristics) of the products
(19 CFR 351.225(c)(2)(ii)); (3) the
countries where the products are
produced and the countries from where
the products are exported (19 CFR
351.225(c)(2)(i)(B)); (4) the full names of
the applicants; and (5) the dates that the
scope applications were filed with
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1 See Regulations to Improve Administration and
Enforcement of Antidumping and Countervailing
Duty Laws, 86 FR 52300, 52316 (September 20,
2021) (Final Rule) (‘‘It is our expectation that the
Federal Register list will include, where
appropriate, for each scope application the
following data: (1) identification of the AD and/or
CVD orders at issue; (2) a concise public summary
of the product’s description, including the physical
characteristics (including chemical, dimensional
and technical characteristics) of the product; (3) the
country(ies) where the product is produced and the
country from where the product is exported; (4) the
full name of the applicant; and (5) the date that the
scope application was filed with Commerce.’’)
2 The products are temporary-use spare tires with
a ‘‘T’’ prefix on the sidewall markings. The
numerical size designation is 155/60R18.
3 The products are aluminum extrusion parts
made of 6063 aluminum, including vacuum and
mop handles, mop heads, and mop trowels, that are
imported as mop and vacuum parts assemblies. The
application includes products that are imported as
accessories to the mopping and vacuum systems
and are individually packaged for sale. The
application also includes products that are
imported to be incorporated into a finished unit,
with a small percentage being sold as spare parts.
4 The products are certain steel wheels with
dimensions (15 x 5; 15 x 6; 15 x 7; and 16 x 7
inches) that fall within the dimensions of the scope
language but are physically unsuitable for use on
road or highway trailers or other towable
equipment. The steel wheels are identical in
dimension and purpose as products previously
found to be out of scope for another importer based
on key physical characteristics of rim size, bolt
patterns, offset and load capacity.
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]]>Agencies
[Federal Register Volume 89, Number 86 (Thursday, May 2, 2024)]
[Notices]
[Pages 35794-35796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09585]
-----------------------------------------------------------------------
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; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
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 January 1, 2022,
through December 31, 2022.
DATES: Applicable May 2, 2024.
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 12, 2023, Commerce published a notice of initiation of an
administrative review of the countervailing duty (CVD) order on
phosphate fertilizers from Russia.\1\ On November 27, 2023, Commerce
extended the deadline for the preliminary results of this review until
April 26, 2024.\2\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 38021 (June 12, 2023) (Initiation
Notice).
\2\ See Memorandum, ``Extension of Deadline for the Preliminary
Results of the 2022 Countervailing Duty Administrative Review,''
dated November 27, 2023.
---------------------------------------------------------------------------
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
[[Page 35795]]
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; 2022: 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
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested the review withdraw their review requests within 90 days of
the date of publication of the notice of initiation for the requested
review.\4\ On September 11, 2023, The Mosaic Company (the petitioner)
withdrew its request for the review of Industrial Group Phosphorite
LLC, a member of the EuroChem Group, within the 90-day deadline.\5\ No
other parties requested an administrative review of this company.
Therefore, in accordance with 19 CFR 351.213(d)(1), Commerce is
rescinding the administrative review of Industrial Group Phosphorite
LLC. For additional information regarding this determination, see the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\4\ See Initiation Notice, 88 FR 38021.
\5\ See Petitioner's Letter, ``Withdrawal of Request for
Countervailing Duty Administrative Review,'' dated September 11,
2023.
---------------------------------------------------------------------------
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.\6\ For a full description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\6\ 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 January 1,
2022, through December 31, 2022:
---------------------------------------------------------------------------
\7\ 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.
------------------------------------------------------------------------
Subsidy
rate
Producer/exporter (percent
ad
valorem)
------------------------------------------------------------------------
Joint Stock Company Apatit \7\.............................. 18.83
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose its calculations performed to
interested parties for these preliminary results within five days of
any public announcement or, if there is no public announcement, within
five days of the date of publication of this notice in the Federal
Register in accordance with 19 CFR 351.224(b).
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance.\8\ A timeline for
the submission of case briefs and written comments will be notified to
interested parties at a later date. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed not later than five days after
the date for filing case briefs.\9\ Interested parties that submit case
briefs or rebuttal briefs in this proceeding must submit: (1) a table
of contents listing each issue; and (2) a table of authorities.\10\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 for
general filing requirements.
\9\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Procedures).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\11\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this administrative review. We
request that interested parties include footnotes for relevant
citations in the public executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\12\
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\11\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\12\ See APO and Service Procedures.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time
within 30 days after the date of publication of this notice.
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).
Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information relied upon for its final results.
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.
[[Page 35796]]
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 January 1, 2022, through December 31,
2022, 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 and partial rescission of review are
issued and published pursuant to sections 751(a)(1) and 777(i)(1) of
the Act, 19 CFR 351.213(d)(1), and 19 CFR 351.221(b)(4).
Dated: April 26, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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. 2024-09585 Filed 5-1-24; 8:45 am]
BILLING CODE 3510-DS-P
