[Federal Register Volume 88, Number 207 (Friday, October 27, 2023)]
[Notices]
[Page 73873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23774]


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INTERNATIONAL TRADE COMMISSION

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


Phosphate Fertilizers From Morocco and Russia

AGENCY: International Trade Commission.

ACTION: Notice of Remand Proceedings.

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SUMMARY: The U.S. International Trade Commission (``Commission'') 
hereby gives notice of the procedures it intends to follow to comply 
with the court-ordered remand of its final determinations in the 
countervailing duty investigations of phosphate fertilizers from 
Morocco and Russia. For further information concerning the conduct of 
these remand proceedings and rules of general application, consult the 
Commission's Rules of Practice and Procedure.

DATES: October 23, 2020.

FOR FURTHER INFORMATION CONTACT: Calvin Chang ((202) 205-3062), Office 
of Investigations, or Courtney McNamara ((202) 205-3095), Office of 
General Counsel, 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 Investigation Nos. 701-
TA-650-651 (Final) may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Background.--In March 2021, the Commission determined that an 
industry in the United States was materially injured by reason of 
imports of phosphate fertilizers that were found to be subsidized by 
the governments of Morocco and Russia.\1\ Phosphate Fertilizers from 
Morocco and Russia, Investigation Nos. 701-TA-650-651 (Final), USITC 
Pub. 5172 (March 2021). Several respondent parties contested the 
Commission's determinations in two separate actions, which were later 
consolidated, before the U.S. Court of International Trade (``CIT''). 
The CIT remanded for reconsideration the Commission's factual finding 
regarding the feasibility of reshipment of phosphate fertilizer from 
one destination to another. OCP S.A. v. United States, Consolidated 
Court No. 21-00219, Slip Op. 23-136 (Ct. Int'l Trade, September 19, 
2023).
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    \1\ Commissioner David S. Johanson dissented.
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    Participation in the remand proceedings.--Only those persons who 
were interested parties that participated in the investigations (i.e., 
persons listed on the Commission Secretary's service list) and were 
also parties to the appeal may participate in the remand proceedings. 
Such persons need not file any additional appearances with the 
Commission to participate in the remand proceedings, unless they are 
adding new individuals to the list of persons entitled to receive 
business proprietary information (``BPI'') under administrative 
protective order. BPI referred to during the remand proceedings will be 
governed, as appropriate, by the administrative protective order issued 
in the investigations. The Secretary will maintain a service list 
containing the names and addresses of all persons or their 
representatives who are parties to the remand proceedings, and the 
Secretary will maintain a separate list of those authorized to receive 
BPI under the administrative protective order during the remand 
proceedings.
    Written submissions.--The Commission is reopening the record in 
these proceedings for the limited purpose of issuing a short 
supplemental questionnaire to U.S. producers and U.S. importers. The 
Commission is otherwise not reopening the record for the collection of 
new factual information. The Commission will make available any new 
factual information obtained during the remand proceedings not already 
served to the parties in the investigations (as identified by the 
public of BPI service list). The Commission will permit the parties to 
file written comments limited to addressing new factual information 
obtained during the remand proceedings and how the Commission could 
best comply with the Court's remand instructions.
    The comments must be based solely on the information in the 
Commission's record. The Commission will reject submissions containing 
additional factual information or arguments pertaining to issues other 
those defined above. The deadline for filing comments is November 27, 
2023. Comments must be limited to a total of twenty-five (25) double-
spaced and single-sided pages of textual material for domestic 
interested parties, inclusive of attachments and exhibits; and a total 
of twenty-five (25) double-spaced and single-sided pages of textual 
material for respondent interested parties, inclusive of attachments 
and exhibits.
    Parties are advised to consult with the Commission's Rules of 
Practice and Procedure, part 201, subparts A through E (19 CFR part 
201), and part 207, subpart A (19 CFR part 207) for provisions of 
general applicability concerning written submissions to the Commission. 
All written submissions must conform to the provisions of section 201.8 
of the Commission's rules; any submissions that contain BPI must also 
conform with the requirements of sections 201.6, 207.3, and 207.7 of 
the Commission's rules. Please note the Secretary's Office will accept 
only electronic filings at 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. The 
Commission's Handbook on E-Filing, available on the Commission's 
website at http://edis.usitc.gov, elaborates upon the Commission's 
rules with respect to electronic filing.
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, will 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 sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigation must be 
served on all other parties to the investigation (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.

    By order of the Commission.
    Issued: October 24, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-23774 Filed 10-26-23; 8:45 am]
BILLING CODE 7020-02-P