[Federal Register Volume 86, Number 65 (Wednesday, April 7, 2021)]
[Notices]
[Pages 18037-18039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07170]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-714-001; C-821-825]
Phosphate Fertilizers From the Kingdom of Morocco and the Russian
Federation: Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on the affirmative final determinations by the
Department of Commerce (Commerce) and the International Trade
Commission (ITC), Commerce is issuing its countervailing duty orders on
phosphate fertilizers from the Kingdom of Morocco (Morocco) and the
Russian Federation (Russia).
DATES: Applicable April 7, 2021.
FOR FURTHER INFORMATION CONTACT: Janae Martin (Morocco) or George
Ayache (Russia), 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) 482-0238 or (202) 482-2623, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 16, 2021, Commerce published its affirmative final
determinations in the countervailing duty investigations of phosphate
fertilizers from Morocco and Russia.\1\ On March 31, 2021, the ITC
notified Commerce of its affirmative final determinations, pursuant to
sections 705(b)(1)(A)(i) and 705(d) of the Tariff Act of 1930, as
amended (the Act), that an industry in the United States is materially
injured by reason of subsidized imports of phosphate fertilizers from
Morocco and Russia.\2\
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\1\ See Phosphate Fertilizers from the Kingdom of Morocco: Final
Affirmative Countervailing Duty Determination, 86 FR 9482 (February
16, 2021) (Morocco Final Determination); see also Phosphate
Fertilizers from the Russian Federation: Final Affirmative
Countervailing Duty Determination, 86 FR 9479 (February 16, 2021)
(Russia Final Determination).
\2\ See ITC Notification Letter, Investigations, Inv. Nos. 701-
TA-650-651 (Final) (March 31, 2021).
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Scope of the Orders
The products covered by these orders are phosphate fertilizers from
Morocco and Russia. For a full description of the scope of these
orders, see the Appendix to this notice.
Countervailing Duty Orders
On March 31, 2021, in accordance with sections 705(b)(1)(A)(i) and
705(d) of the Act, the ITC notified Commerce of its final
determinations in these investigations, in which it found that an
industry in the United States is materially injured by reason of
subsidized imports of phosphate fertilizers from Morocco and Russia.\3\
In accordance with section 705(c)(2) of the Act, Commerce is issuing
these countervailing duty orders.
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\3\ Id.
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Therefore, in accordance with section 706(a) of the Act, Commerce
will direct U.S. Customs and Border Protection (CBP) to assess, upon
further instruction by Commerce, countervailing duties on unliquidated
entries of phosphate fertilizers from Morocco and Russia entered, or
withdrawn from warehouse, for consumption on or after November 30,
2020, the date of publication of the Preliminary Determinations in the
Federal Register,\4\ but will not include
[[Page 18038]]
entries occurring after the expiration of the provisional measures
period and prior to the date of publication of the ITC's final
determinations in the Federal Register, as further described below.
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\4\ See Phosphate Fertilizers from the Kingdom of Morocco:
Preliminary Affirmative Countervailing Duty Determination, 85 FR
76522 (November 30, 2020); see also Phosphate Fertilizers from the
Russian Federation: Preliminary Affirmative Countervailing Duty
Determination, 85 FR 76524 (November 30, 2020) (collectively,
Preliminary Determinations).
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Suspension of Liquidation
In accordance with section 706 of the Act, Commerce will direct CBP
to reinstitute the suspension of liquidation of phosphate fertilizers
from Morocco and Russia, effective the date of publication of the ITC's
notice of final determinations in the Federal Register, and to assess,
upon further instruction by Commerce pursuant to section 706(a)(1) of
the Act, countervailing duties for each entry of the subject
merchandise in an amount based on the net countervailable subsidy rates
for the subject merchandise. On or after the date of publication of the
ITC's final injury determinations in the Federal Register, CBP must
require, at the same time as importers would deposit estimated normal
customs duties on this merchandise, a cash deposit equal to the subsidy
rates noted below. These instructions suspending liquidation will
remain in effect until further notice. The all-others rate applies to
all producers or exporters not specifically listed below.
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Subsidy
Company rate
(percent)
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Morocco:
OCP S.A.\5\.............................................. 19.97
All Others............................................... 19.97
Russia:
Industrial Group Phosphorite LLC \6\..................... 47.05
Joint Stock Company Apatit \7\........................... 9.19
All Others............................................... 17.20
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Provisional Measures
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\5\ Commerce 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 Maroc Phosphore. See Morocco Final
Determination.
\6\ Commerce found the following companies to be cross-owned
with Industrial Group Phosphorite LLC: 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 Russia Final Determination.
\7\ Commerce found the following companies to be cross-owned
with Joint Stock Company Apatit: PhosAgro PJSC;
PhosAgro[hyphen]Belgorod LLC; PhosAgro[hyphen]Don LLC;
PhosAgro[hyphen]Kuban LLC; PhosAgro[hyphen]Kursk LLC;
PhosAgro[hyphen]Lipetsk LLC; PhosAgro[hyphen]Orel LLC;
PhosAgro[hyphen]Stavropol LLC; PhosAgro[hyphen]Volga LLC;
PhosAgro[hyphen]SeveroZapad LLC; PhosAgro[hyphen]Tambov LLC; and
Martynovsk AgrokhimSnab LLC. See Russia Final Determination.
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Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. In the underlying investigations,
Commerce published the Preliminary Determinations on November 30,
2020.\8\ Therefore, entries of phosphate fertilizers from Morocco and
Russia made on or after March 30, 2021, and prior to the date of
publication of the ITC's final determinations in the Federal Register,
are not subject to the assessment of countervailing duties due to
Commerce's discontinuation of the suspension of liquidation.
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\8\ See Preliminary Determinations.
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In accordance with section 703(d) of the Act, Commerce will
instruct CBP to terminate the suspension of liquidation and to
liquidate, without regard to countervailing duties, unliquidated
entries of phosphate fertilizers from Morocco and Russia entered, or
withdrawn from warehouse, for consumption on or after March 30, 2021,
the date on which the provisional countervailing duty measures expired,
through the day preceding the date of publication of the ITC final
injury determinations in the Federal Register. Suspension of
liquidation will resume on the date of publication of the ITC final
injury determinations in the Federal Register.
Notifications to Interested Parties
This notice constitutes the countervailing duty orders with respect
to phosphate fertilizers from Morocco and Russia pursuant to section
706(a) of the Act. Interested parties can find a list of countervailing
duty orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
This order is issued and published in accordance with section
706(a) of the Act and 19 CFR 351.211(b).
Dated: April 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Orders
The merchandise covered by these orders is 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-CaSO4; concentrated superphosphate, also known as double,
treble, or triple superphosphate (TSP), chemical formula Ca(H2PO4)2-
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 non-phosphorous plant nutrient
components, such as nitrogen, potassium, sulfur, zinc, or other non-
phosphorous 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 these orders
are included when commingled (i.e., mixed or blended) with phosphate
fertilizers from sources not subject to these orders. Phosphate
fertilizers that are otherwise subject to these orders are included
when commingled with substances other than phosphate fertilizers
subject to these orders (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
these orders. The following products are specifically excluded from
the scope of these orders:
(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;
(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;
[[Page 18039]]
(10) animal or vegetable fertilizers not containing phosphate
fertilizers otherwise covered by the scope of these orders;
(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 these orders 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.
[FR Doc. 2021-07170 Filed 4-6-21; 8:45 am]
BILLING CODE 3510-DS-P