[Federal Register Volume 85, Number 236 (Tuesday, December 8, 2020)]
[Notices]
[Pages 79033-79035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26906]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-650-651 (Final)]


Phosphate Fertilizers From Morocco and Russia; Scheduling of the 
Final Phase of Countervailing Duty Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

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

SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of countervailing duty investigation Nos. 701-TA-650-651 
(Final) pursuant to the Tariff Act of 1930 (``the Act'') to determine 
whether an industry in the United States is materially injured or 
threatened with material injury, or the establishment of an industry in 
the United States is materially retarded, by reason of imports of 
phosphate fertilizers from Morocco and Russia, provided for in 
3103.11.00, 3103.19.00, 3103.90.00, 3105.10.00, 3105.20.00, 3105.30.00, 
3105.40.00, 3105.51.00, 3105.59.00, 3105.60.00, and 3105.90.00 of the 
Harmonized Tariff Schedule of the United States preliminarily 
determined by the Department of Commerce (``Commerce'') to be 
subsidized.

DATES: November 23, 2020.

FOR FURTHER INFORMATION CONTACT: Calvin Chang (202) 205-3062), Office 
of Investigations, U.S. International Trade Commission, 500 E Street 
SW, Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (https://www.usitc.gov). The public record for these 
investigations may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Scope.--For purposes of this investigation, Commerce has defined 
the subject merchandise as phosphate fertilizers in all physical forms 
(i.e., solid or liquid form), with or without coating or additives such 
as anti-caking agents. Phosphate fertilizers in solid form are covered 
whether granular, prilled (i.e., pelletized), or in other solid form 
(e.g., powdered).
    The covered merchandise includes phosphate fertilizers in the 
following forms: Ammonium dihydrogenorthophosphate or monoammonium 
phosphate (MAP), chemical formula NH4H2PO4; diammonium 
hydrogenorthophosphate or diammonium phosphate (DAP), chemical formula 
(NH4)2HPO4; normal superphosphate (NSP), also known as ordinary 
superphosphate or single superphosphate, chemical formula 
Ca(H2PO4)2[middot]CaSO4; concentrated superphosphate, also known as 
double, treble, or triple superphosphate (TSP), chemical formula 
Ca(H2PO4)2[middot]H2O; and proprietary formulations of MAP, DAP, NSP, 
and TSP.
    The covered merchandise also includes other fertilizer formulations 
incorporating phosphorous and non-phosphorous plant nutrient 
components, whether chemically-bonded, granulated (e.g., when multiple 
components are incorporated into granules through, e.g., a slurry 
process), or compounded (e.g., when multiple components are compacted 
together under high pressure), including nitrogen, phosphate, sulfur 
(NPS) fertilizers, nitrogen, phosphorous, potassium (NPK) fertilizers, 
nitric phosphate (also known as nitrophosphate) fertilizers, ammoniated 
superphosphate fertilizers, and proprietary formulations thereof that 
may or may not include other nonphosphorous plant nutrient components. 
For phosphate fertilizers that contain nonphosphorous plant nutrient 
components, such as nitrogen, potassium, sulfur, zinc, or other 
nonphosphorous components, the entire article is covered, including the 
non-phosphorous content, provided that the phosphorous content 
(measured by available diphosphorous pentaoxide, chemical formula P2O5) 
is at least 5% by actual weight.
    Phosphate fertilizers that are otherwise subject to this 
investigation are included when commingled (i.e., mixed or blended) 
with phosphate fertilizers from sources not subject to this 
investigation. Phosphate fertilizers that are otherwise subject to this 
investigation are included when commingled with substances other than 
phosphate fertilizers subject to this investigation (e.g., granules 
containing only non-phosphate fertilizers such as potash or urea). Only 
the subject component of such commingled products is covered by the 
scope of this investigation.
    The following products are specifically excluded from the scope of 
this investigation:
    (1) ABC dry chemical powder preparations for fire extinguishers 
containing MAP or DAP in powdered form;
    (2) industrial or technical grade MAP in white crystalline form 
with available P2O5 content of at least 60% by actual weight;
    (3) industrial or technical grade diammonium phosphate in white 
crystalline form with available P2O5 content of at least 50% by actual 
weight;
    (4) liquid ammonium polyphosphate fertilizers;

[[Page 79034]]

    (5) dicalcium phosphate, chemical formula CaHPO4;
    (6) monocalcium phosphate, chemical formula CaH4P2O8;
    (7) trisodium phosphate, chemical formula Na3PO4;
    (8) sodium tripolyphosphate, chemical formula Na5P3O10;
    (9) prepared baking powders containing sodium bicarbonate and any 
form of phosphate;
    (10) animal or vegetable fertilizers not containing phosphate 
fertilizers otherwise covered by the scope of this investigation;
    (11) phosphoric acid, chemical formula H3PO4.
    The Chemical Abstracts Service (CAS) numbers for covered phosphate 
fertilizers include, but are not limited to: 7722-76-1 (MAP); 7783-28-0 
(DAP); and 65996-95-4 (TSP).
    The covered products may also be identified by Nitrogen-Phosphate-
Potash composition, including but not limited to: NP 11-52-0 (MAP); NP 
18-46-0 (DAP); and NP 0-46-0 (TSP). The covered merchandise is 
currently classified in the Harmonized Tariff Schedule of the United 
States (HTSUS) at subheadings 3103.11.0000; 3103.19.0000; 3105.20.0000; 
3105.30.0000; 3105.40.0010; 3105.40.0050; 3105.51.0000; and 
3105.59.0000. Phosphate fertilizers subject to this investigation may 
also enter under subheadings 3103.90.0010, 3105.10.0000, 3105.60.0000, 
3105.90.0010, and 3105.90.0050. Although the HTSUS subheadings and CAS 
registry numbers are provided for convenience and customs purposes, the 
written description of the scope is dispositive.
    Background.--The final phase of these investigations is being 
scheduled, pursuant to section 705(b) of the Tariff Act of 1930 (19 
U.S.C. 1671d(b)), as a result of affirmative preliminary determinations 
by Commerce that certain benefits which constitute subsidies within the 
meaning of Sec.  703 of the Act (19 U.S.C. 1671b) are being provided to 
manufacturers, producers, or exporters in Morocco and Russia of 
phosphate fertilizers. The investigations were requested in petitions 
filed on June 26, 2020, by The Mosaic Company, Plymouth, Minnesota.
    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 
CFR part 207).
    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in Sec.  201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Please note the Secretary's Office will accept only electronic 
filings during this time. Filings must be made through the Commission's 
Electronic Document Information System (EDIS, https://edis.usitc.gov.) 
No in-person paper-based filings or paper copies of any electronic 
filings will be accepted until further notice.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec.  207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on January 
27, 2020, and a public version will be issued thereafter, pursuant to 
Sec.  207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on Tuesday, 
February 9, 2021. Information about the place and form of the hearing, 
including about how to participate in and/or view the hearing, will be 
posted on the Commission's website at https://www.usitc.gov/calendarpad/calendar.html. Interested parties should check the 
Commission's website periodically for updates. Requests to appear at 
the hearing should be filed in writing with the Secretary to the 
Commission on or before Thursday, February 4, 2021. A nonparty who has 
testimony that may aid the Commission's deliberations may request 
permission to present a short statement at the hearing. All parties and 
nonparties desiring to appear at the hearing and make oral 
presentations should attend a prehearing conference to be held at 9:30 
a.m. on Monday, February 8, 2021. Oral testimony and written materials 
to be submitted at the public hearing are governed by sections 
201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties 
must submit any request to present a portion of their hearing testimony 
in camera no later than 7 business days prior to the date of the 
hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of Sec.  207.23 of the Commission's rules; 
the deadline for filing is February 3, 2021. Parties may also file 
written testimony in connection with their presentation at the hearing, 
as provided in section 207.24 of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of Sec.  
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is February 17, 2021. In addition, any person who has not 
entered an appearance as a party to the investigations may submit a 
written statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petition, on or before February 17, 2021. On March 4, 2021, the 
Commission will make available to parties all information on which they 
have not had an opportunity to comment. Parties may submit final 
comments on this information on or before March 8, 2021, but such final 
comments must not contain new factual information and must otherwise 
comply with Sec.  207.30 of the Commission's rules. All written 
submissions must conform with the provisions of Sec.  201.8 of the 
Commission's rules; any submissions that contain BPI must also conform 
with the requirements of Sec. Sec.  201.6, 207.3, and 207.7 of the 
Commission's rules. The Commission's Handbook on Filing Procedures, 
available on the Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the 
Commission's procedures with respect to filings.

[[Page 79035]]

    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with Sec. Sec.  201.16(c) and 207.3 of the 
Commission's rules, each document filed by a party to the 
investigations must be served on all other parties to the 
investigations (as identified by either the public or BPI service 
list), and a certificate of service must be timely filed. The Secretary 
will not accept a document for filing without a certificate of service.

    Authority: These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to Sec.  207.21 of the Commission's rules.

    By order of the Commission.
    Issued: December 2, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-26906 Filed 12-7-20; 8:45 am]
BILLING CODE 7020-02-P