Phosphate Fertilizers From the Kingdom of Morocco: Notice of Amended Final Results of Countervailing Duty Administrative Review; 2022, 104979-104981 [2024-30693]
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Federal Register / Vol. 89, No. 247 / Thursday, December 26, 2024 / Notices
amended final results or, if there is no
public announcement, within five days
of the date of publication of the notice
of amended final results in the Federal
Register, in accordance with 19 CFR
351.224(b).
ddrumheller on DSK120RN23PROD with NOTICES1
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act, and 19 CFR 351.212(b)(1),
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
amended final results of this review.
For the GHC and Jilin Bright,
Commerce will calculate importerspecific assessment rates for
antidumping duties, in accordance with
19 CFR 351.212(b)(1). For entries that
were not reported in the U.S. sales
database submitted by the exporter
individually examined during this
review, Commerce will instruct CBP to
liquidate such entries at the China-wide
rate.13 For the respondents that were not
selected for individual examination in
this administrative review but qualified
for a separate rate, the per unit
assessment rate will be the rate
established for these companies in these
amended final results of review.
For the six companies identified in
the appendix to this notice as part of the
China-wide entity, we will instruct CBP
to apply the China-wide per-unit
assessment rate to all entries of subject
merchandise made during the POR
which were exported by those
companies.
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 Requirements
Upon publication of this notice in the
Federal Register the following cash
deposit requirements will be effective
for all shipments of the subject
merchandise from China entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by section 751(a)(2)(C)
of the Act: (1) the amended cash deposit
rate for GHC and Jilin Bright and the
13 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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19:37 Dec 23, 2024
Jkt 265001
other companies not individually
examined in this review will be equal to
the weighted-average dumping margin
that is established in the amended final
results of this review, except if the rate
is less than 0.50 percent and, therefore,
de minimis within the meaning of 19
CFR 351.106(c)(1), in which case the
cash deposit rate will be zero; (2) for
previously investigated or reviewed
Chinese and non-Chinese exporters not
listed above or in Appendix I that
received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific rate published
for the most recently completed segment
of this proceeding; (3) for all Chinese
exporters of subject merchandise that
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the rate for the China-wide entity
(i.e., 2.42 USD/kg); and (4) for all nonChinese exporters of subject
merchandise that have not received
their own separate rate, the cash deposit
rate will be the rate applicable to the
Chinese exporter that supplied that nonChinese exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Administrative Protective Order
This notice serves as the final
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), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these
amended final results of review in
accordance with sections 751(h) and
777(i) of the Act and 19 CFR 351.224(e).
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Fmt 4703
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104979
Dated: December 17, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
Separate Rate Applicable for Non-Selected
Companies Under Review
1. Bengbu Modern Environmental Co., Ltd.
2. Carbon Activated Tianjin Co., Ltd.
3. Datong Hongdi Carbon Co., Ltd.
4. Datong Juqiang Activated Carbon Co., Ltd.
5. Datong Municipal Yunguang Activated
Carbon Co., Ltd.
6. Jacobi Carbons AB; Jacobi Carbons
Industry (Tianjin) Co., Ltd.; Tianjin
Jacobi International Trading Co. Ltd.;
Jacobi Adsorbent Materials
7. Ningxia Huahui Environmental
Technology Co., Ltd.
8. Ningxia Mineral & Chemical Limited
9. Shanxi Industry Technology Trading Co.,
Ltd.
10. Shanxi Sincere Industrial Co., Ltd.
11. Tancarb Activated Carbon Co., Ltd.
12. Tianjin Channel Filters Co., Ltd.
Companies Considered To Be Part of the
China-Wide Entity
1. Beijing Pacific Activated Carbon Products
Co., Ltd.
2. Shanxi Dapu International Trade Co., Ltd.
3. Shanxi DMD Corp.
4. Shanxi Tianxi Purification Filter Co., Ltd.
5. Sinoacarbon International Trading Co.,
Ltd.
6. Tianjin Maijin Industries Co., Ltd.
[FR Doc. 2024–30691 Filed 12–23–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–714–001]
Phosphate Fertilizers From the
Kingdom of Morocco: Notice of
Amended Final Results of
Countervailing Duty Administrative
Review; 2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is amending the
final results of the administrative review
of the countervailing duty order on
phosphate fertilizers (fertilizers) from
the Kingdom of Morocco (Morocco) to
correct a ministerial error. The period of
review (POR) is January 1, 2022,
through December 31, 2022.
DATES: Applicable December 26, 2024.
FOR FURTHER INFORMATION CONTACT:
Faris Montgomery or Jaron Moore, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
AGENCY:
E:\FR\FM\26DEN1.SGM
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104980
Federal Register / Vol. 89, No. 247 / Thursday, December 26, 2024 / Notices
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1537 or
(202) 482–3640, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 751(a)(1)
of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.221(b)(5), on
November 7, 2024, Commerce disclosed
its calculations to interested parties and
provided interested parties with the
opportunity to submit ministerial error
comments.1 On November 12, 2024,
OCP S.A. (OCP) submitted an allegation
of a ministerial errors in the Final
Results.2 On November 18, 2024, the
Mosaic Company submitted rebuttal
comments in response to OCP’s
ministerial error allegations.3 On
November 12, 2024, Commerce
published its final results of
administrative review.4
Legal Framework
Section 751(h) of the Act, defines a
‘‘ministerial error’’ as including ‘‘errors
in addition, subtraction, or other
arithmetic function, clerical errors
resulting from inaccurate copying,
duplication, or the like, and any other
unintentional error which the
administering authority considers
ministerial.’’ With respect to final
results of administrative reviews, 19
CFR 351.224(e) provides that Commerce
‘‘will analyze any comments received
and, if appropriate, correct any
ministerial error by amending . . . the
final results of review . . .’’
Ministerial Error
Commerce has determined that one of
the two errors alleged by OCP
constitutes a ministerial error within the
meaning of section 751(h) of the Act and
19 CFR 351.224(f). In its ministerial
error allegations, OCP alleges that, with
regard to the provision of phosphate
mining rights for less than adequate
remuneration (LTAR) program,
Commerce: (1) did not include OCP’s
allocated debt costs in OCP’s total cost
of production when calculating OCP’s
profit for phosphate rock; and (2) should
ddrumheller on DSK120RN23PROD with NOTICES1
1 See
Memorandum, ‘‘Deadline for Ministerial
Error Comments for the Final Results,’’ dated
November 7, 2024.
2 See Phosphate Fertilizers from the Kingdom of
Morocco: Final Results of Countervailing Duty
Administrative Review; 2022, 89 FR 88952
(November 12, 2024) (Final Results), and
accompanying Issues and Decision Memorandum
(IDM); see also OCP’s Letter, ‘‘Ministerial Error
Comments and Comments on Draft Customs
Instructions,’’ dated November 12, 2024 (Ministerial
Error Allegations).
3 See Mosaic Company’s Letter, ‘‘Rebuttal to
OCP’s Ministerial Error Allegations to the Final
Determination,’’ dated November 18, 2024.
4 See Final Results IDM.
VerDate Sep<11>2014
19:37 Dec 23, 2024
Jkt 265001
have calculated a simple average of two
datasets provided by different parties for
a third-market country from the same
business proprietary data source, as
Commerce did with two datasets
provided from the same business
proprietary data source for another
third-market country.5
For the calculation of the simple
average of two datasets, we disagree
with OCP and find that not averaging
the datasets was a methodological
decision and not a ministerial error.
However, Commerce agrees that, in the
Final Results, we did not include the
allocated cost of OCP’s debt in OCP’s
total cost of production when
calculating OCP’s profit to determine
the price OCP paid for phosphate rock
in the provision of phosphate mining
rights for LTAR program as we
intended. Commerce determines that
this constitutes a ministerial error in the
Final Results pursuant to section 751(h)
of the Act and 19 CFR 351.224(f) and is
amending the Final Results with respect
to the phosphate mining rights for LTAR
benefit calculation to correct the
ministerial error in the calculation of
the ad valorem subsidy rate. The revised
net subsidy rate is provided below.
For a complete discussion of the
ministerial error allegations, as well as
Commerce’s analysis, see the
accompanying Ministerial Error
Memorandum.6 The Ministerial Error
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.
Amended Final Results
As a result of correcting the
ministerial error, we determine that the
countervailable subsidy rate for the
producer/exporter under review to be as
follows:
Company
Subsidy rate
(percent
ad valorem)
OCP S.A.7 ............................
16.60
Disclosure
We intend to disclose to parties in
this proceeding, under administrative
5 See
generally Ministerial Error Allegations.
Memorandum, ‘‘Ministerial Error Allegation
in the Final Results,’’ dated concurrently with this
notice (Ministerial Error Memorandum).
7 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;
Jorf Fertilizers Company V; and OCP Nutricrops
S.A.
6 See
PO 00000
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Fmt 4703
Sfmt 4703
protective order, the calculations
performed for these amended final
results within five days after publication
of this notice in the Federal Register, in
accordance with 19 CFR 351.224(b).
Assessment Rates
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
amended 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
amended final results of this review in
the Federal Register. However, OCP has
filed a summons at the U.S. Court of
International Trade challenging the
Final Results. Therefore, our 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 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 amended final results
of this administrative review. The cash
deposit requirement, effective upon the
publication of the amended final results
of this review, shall remain in effect
until further notice.
Administrative Protective Order (APO)
This notice also serves as a final
reminder to parties subject to an 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
We are issuing and publishing this
notice in accordance with sections
751(h) and 777(i)(1) of the Act, and 19
CFR 351.224(e).
E:\FR\FM\26DEN1.SGM
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Federal Register / Vol. 89, No. 247 / Thursday, December 26, 2024 / Notices
Dated: December 17, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Background
[FR Doc. 2024–30693 Filed 12–23–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–936]
Circular Welded Carbon Quality Steel
Line Pipe From the People’s Republic
of China: Final Results of the
Expedited Sunset Review of the
Countervailing Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) finds that
revocation of the countervailing duty
(CVD) order on circular welded carbon
quality steel line pipe (welded line
pipe) from the People’s Republic of
China (China) would be likely to lead to
continuation or recurrence of
countervailable subsidies at the levels
indicated in the ‘‘Final Results of the
Sunset Review’’ section of this notice.
DATES: Applicable December 26, 2024.
FOR FURTHER INFORMATION CONTACT: T.J.
Worthington, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4567.
SUPPLEMENTARY INFORMATION:
AGENCY:
On January 23, 2009, Commerce
published the Order on welded line
pipe from China.1 On June 9, 2016,
Commerce implemented its revised
countervailable subsidy rates pursuant
to the findings in the section 129
proceeding of the Uruguay Round
Agreements Act.2 On September 3,
2024, Commerce published the notice of
initiation of the third sunset review of
the Order, pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the
Act).3 On September 17, 2024,
Commerce received a notice of intent to
participate from the American Line Pipe
Producers Association Welded Line
Pipe Committee 4 (the domestic
interested party), within the deadline
specified in 19 CFR 351.218(d)(1)(i).5
The domestic interested party claimed
interested party status under section
771(9)(C) of the Act and 19 CFR
351.102(b)(29)(viii) as an association
whose members are domestic producers
of the domestic like product.
On October 3, 2024, Commerce
received an adequate substantive
response from the domestic interested
party within the 30-day deadline
specified in 19 CFR 351.218(d)(3)(i).6
Commerce did not receive a substantive
response from any government or
respondent interested party to this
proceeding. On October 31, 2024,
Commerce notified the U.S.
International Trade Commission that it
did not receive an adequate substantive
response from respondent interested
parties.7 As a result, Commerce
conducted an expedited (120-day)
sunset review of the Order, pursuant to
section 751(c)(3)(B) of the Act and 19
CFR 351.218(e)(1)(ii)(B)(2) and (C)(2).
Scope of the Order
The merchandise covered by this
Order is welded line pipe from China.
For a complete description of the scope
of the Order, see the Issues and Decision
Memorandum.8
Analysis of Comments Received
A complete discussion of all issues
raised in this sunset review, including
the likelihood of continuation or
recurrence of subsidization and the
countervailable subsidy rates likely to
prevail if the Order were to be revoked,
is provided in the Issues and Decision
Memorandum. A list of the topics
discussed in the Issues and Decision
Memorandum is attached as an
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), which is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Final Results of Sunset Review
Pursuant to sections 751(c) and 752(b)
of the Act, we determine that revocation
of the Order would be likely to lead to
continuation or recurrence of
countervailable subsidies at the
following net countervailable subsidy
rates:
Net countervailable
subsidy rate
(percent ad valorem)
Producers/exporters
Huludao Seven-Star Steel Pipe Group Co., Ltd., Huludao Steel Pipe Industrial Co., Ltd., and Huludao Bohai Oil
Pipe Industrial Co., Ltd ..........................................................................................................................................
Liaoning Northern Steel Pipe Co., Ltd ......................................................................................................................
All Others ...................................................................................................................................................................
Administrative Protective Order (APO)
ddrumheller on DSK120RN23PROD with NOTICES1
This notice serves as the only
reminder to parties subject to an APO of
1 See Circular Welded Carbon Quality Steel Line
Pipe from the People’s Republic of China: Notice of
Amended Final Affirmative Countervailing Duty
Determination and Notice of Countervailing Duty
Order, 74 FR 4136 (January 23, 2009) (Order).
2 See Implementation of Determinations Pursuant
to Section 129 of the Uruguay Round Agreements
Act, 81 FR 37180 (June 9, 2016); see also
Memorandum, ‘‘Section 129 Proceeding: United
States—Countervailing Duty Measures on Certain
Products from the People’s Republic of China
(WTO/DS 437): Final Determination for Pressure
VerDate Sep<11>2014
19:37 Dec 23, 2024
Jkt 265001
104981
32.65
40.05
36.35
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
Pipe, Line Pipe, OCTG, Wire Strand, and Solar
Panels,’’ dated May 19, 2016.
3 See Initiation of Five-Year (Sunset) Reviews, 89
FR 71252 (September 3, 2024).
4 The members of the American Line Pipe
Producers Association Welded Line Pipe
Committee are American Cast Iron Pipe Company,
Axis Pipe & Tube, Dura-Bond Industries, and
Welspun Tubular LLC.
5 See Domestic Interested Party’s Letter, ‘‘Notice
of Intent to Participate in Sunset Review,’’ dated
September 17, 2024.
6 See Domestic Interested Party’s Letter,
‘‘Substantive Response to Notice of Initiation,’’
dated October 3, 2024.
7 See Commerce’s Letter, ‘‘Sunset Reviews
Initiated on September 3, 2024,’’ dated October 31,
2024.
8 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the Expedited
Sunset Review of the Countervailing Duty Order on
Circular Welded Carbon Quality Steel Line Pipe
from the People’s Republic of China,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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Agencies
[Federal Register Volume 89, Number 247 (Thursday, December 26, 2024)]
[Notices]
[Pages 104979-104981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30693]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-714-001]
Phosphate Fertilizers From the Kingdom of Morocco: Notice of
Amended Final Results of Countervailing Duty Administrative Review;
2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is amending the
final results of the administrative review of the countervailing duty
order on phosphate fertilizers (fertilizers) from the Kingdom of
Morocco (Morocco) to correct a ministerial error. The period of review
(POR) is January 1, 2022, through December 31, 2022.
DATES: Applicable December 26, 2024.
FOR FURTHER INFORMATION CONTACT: Faris Montgomery or Jaron Moore, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401
[[Page 104980]]
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1537
or (202) 482-3640, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 751(a)(1) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.221(b)(5), on November 7, 2024,
Commerce disclosed its calculations to interested parties and provided
interested parties with the opportunity to submit ministerial error
comments.\1\ On November 12, 2024, OCP S.A. (OCP) submitted an
allegation of a ministerial errors in the Final Results.\2\ On November
18, 2024, the Mosaic Company submitted rebuttal comments in response to
OCP's ministerial error allegations.\3\ On November 12, 2024, Commerce
published its final results of administrative review.\4\
---------------------------------------------------------------------------
\1\ See Memorandum, ``Deadline for Ministerial Error Comments
for the Final Results,'' dated November 7, 2024.
\2\ See Phosphate Fertilizers from the Kingdom of Morocco: Final
Results of Countervailing Duty Administrative Review; 2022, 89 FR
88952 (November 12, 2024) (Final Results), and accompanying Issues
and Decision Memorandum (IDM); see also OCP's Letter, ``Ministerial
Error Comments and Comments on Draft Customs Instructions,'' dated
November 12, 2024 (Ministerial Error Allegations).
\3\ See Mosaic Company's Letter, ``Rebuttal to OCP's Ministerial
Error Allegations to the Final Determination,'' dated November 18,
2024.
\4\ See Final Results IDM.
---------------------------------------------------------------------------
Legal Framework
Section 751(h) of the Act, defines a ``ministerial error'' as
including ``errors in addition, subtraction, or other arithmetic
function, clerical errors resulting from inaccurate copying,
duplication, or the like, and any other unintentional error which the
administering authority considers ministerial.'' With respect to final
results of administrative reviews, 19 CFR 351.224(e) provides that
Commerce ``will analyze any comments received and, if appropriate,
correct any ministerial error by amending . . . the final results of
review . . .''
Ministerial Error
Commerce has determined that one of the two errors alleged by OCP
constitutes a ministerial error within the meaning of section 751(h) of
the Act and 19 CFR 351.224(f). In its ministerial error allegations,
OCP alleges that, with regard to the provision of phosphate mining
rights for less than adequate remuneration (LTAR) program, Commerce:
(1) did not include OCP's allocated debt costs in OCP's total cost of
production when calculating OCP's profit for phosphate rock; and (2)
should have calculated a simple average of two datasets provided by
different parties for a third-market country from the same business
proprietary data source, as Commerce did with two datasets provided
from the same business proprietary data source for another third-market
country.\5\
---------------------------------------------------------------------------
\5\ See generally Ministerial Error Allegations.
---------------------------------------------------------------------------
For the calculation of the simple average of two datasets, we
disagree with OCP and find that not averaging the datasets was a
methodological decision and not a ministerial error. However, Commerce
agrees that, in the Final Results, we did not include the allocated
cost of OCP's debt in OCP's total cost of production when calculating
OCP's profit to determine the price OCP paid for phosphate rock in the
provision of phosphate mining rights for LTAR program as we intended.
Commerce determines that this constitutes a ministerial error in the
Final Results pursuant to section 751(h) of the Act and 19 CFR
351.224(f) and is amending the Final Results with respect to the
phosphate mining rights for LTAR benefit calculation to correct the
ministerial error in the calculation of the ad valorem subsidy rate.
The revised net subsidy rate is provided below.
For a complete discussion of the ministerial error allegations, as
well as Commerce's analysis, see the accompanying Ministerial Error
Memorandum.\6\ The Ministerial Error 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.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Ministerial Error Allegation in the Final
Results,'' dated concurrently with this notice (Ministerial Error
Memorandum).
---------------------------------------------------------------------------
Amended Final Results
As a result of correcting the ministerial error, we determine that
the countervailable subsidy rate for the producer/exporter under review
to be as follows:
---------------------------------------------------------------------------
\7\ 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; Jorf
Fertilizers Company V; and OCP Nutricrops S.A.
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
OCP S.A.\7\............................................ 16.60
------------------------------------------------------------------------
Disclosure
We intend to disclose to parties in this proceeding, under
administrative protective order, the calculations performed for these
amended final results within five days after publication of this notice
in the Federal Register, in accordance with 19 CFR 351.224(b).
Assessment Rates
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 amended 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
amended final results of this review in the Federal Register. However,
OCP has filed a summons at the U.S. Court of International Trade
challenging the Final Results. Therefore, our 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
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 amended final results of this
administrative review. The cash deposit requirement, effective upon the
publication of the amended final results of this review, shall remain
in effect until further notice.
Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an 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
We are issuing and publishing this notice in accordance with
sections 751(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e).
[[Page 104981]]
Dated: December 17, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-30693 Filed 12-23-24; 8:45 am]
BILLING CODE 3510-DS-P