[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Notices]
[Pages 76182-76183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24474]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-821-825]


Phosphate Fertilizers From the Russian Federation: Final Results 
of Countervailing Duty Administrative Review; 2020-2021

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Joint Stock Company Apatit (JSC Apatit), a producer/exporter of 
phosphate fertilizers from the Russian Federation (Russia), received 
countervailable subsidies during the period of review (POR), November 
30, 2020, through December 31, 2021.

DATES: Applicable November 6, 2023.

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 or (202) 
482-4868, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published the preliminary results of this administrative 
review on May 4, 2023.\1\ On August 4, 2023, Commerce extended the 
deadline for the final results of this review to no later than October 
31, 2023.\2\ For a description of the events that occurred since the 
Preliminary Results, see the Issues and Decision Memorandum.\3\
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    \1\ See Phosphate Fertilizers from the Russian Federation: 
Preliminary Results and Partial Rescission of the Countervailing 
Duty Administrative Review; 2020-2021, 88 FR 28505, 28506 (May 4, 
2023) (Preliminary Results) and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
Countervailing Duty Administrative Review,'' dated August 4, 2023.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Countervailing Duty Administrative Review of 
Phosphate Fertilizers from the Russian Federation; 2020-2021,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
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    We conducted this review in accordance with section 751 of the 
Tariff Act of 1930, as amended (the Act).

Scope of the Order \4\
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    \4\ See Phosphate Fertilizers from the Kingdom of Morocco and 
the Russian Federation: Countervailing Duty Orders, 86 FR 18037 
(April 7, 2021) (Order).
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    The products covered by this Order are phosphate fertilizers. For a 
complete description of the scope of this Order, see the Issues and 
Decision Memorandum.

Analysis of Comments Received

    All issues raised in interested parties' case briefs are addressed 
in the Issues and Decision Memorandum accompanying this notice. A list 
of the issues raised by parties, and to which Commerce responded in the 
Issues and Decision Memorandum, is provided in the 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). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

[[Page 76183]]

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding the Preliminary Results, and for the 
reasons explained in the Issues and Decision Memorandum, we made 
certain revisions to the subsidy calculations for JSC Apatit. These 
changes are explained in the Issues and Decision Memorandum.

Final Results of Administrative Review

    In accordance with 19 CFR 351.221(b)(4)(i), we calculated an 
individual net countervailable subsidy rate for JSC Apatit. Commerce 
determines that, during the POR, the net countervailable subsidy rate 
for the company under review is as follows:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
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Joint Stock Company Apatit \5\..........................           28.50
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Disclosure

    Commerce intends to disclose the calculations performed for these 
final results of review within five days of the date of publication of 
this notice in the Federal Register, in accordance with 19 CFR 
351.224(b).
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    \5\ As discussed in the Preliminary Results PDM, Commerce 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.
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Assessment Rate

    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 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 final results 
of this review in the Federal Register. If a timely summons is filed 
with 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

    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 JSC Apatit on shipments of the subject 
merchandise entered, or withdrawn from warehouse for consumption on or 
after the date of publication of the final results of this 
administrative review. The cash deposit requirement, effective upon the 
publication of the final results of this review, shall remain in effect 
until further notice.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
administrative protective order (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

    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).

    Dated: October 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Use Of Facts Otherwise Available and Adverse Inferences
V. Subsidies Valuation
VI. Analysis of Programs
VII. Discussion of the Issues
    Comment 1: Whether Commerce Should Calculate JSC Apatit's 
Subsidy Rate Based on Data for the Entire Period of Review or 
Calendar Year
    Provision of Mining Rights for Less Than Adequate Remuneration 
(LTAR)
    Comment 2a: Whether the Provision of Mining Rights Provides a 
Financial Contribution
    Comment 2b: Whether Mining Rights Should Be Valued Based on 
Phosphate Rock
    Comment 2c: Whether Commerce Unlawfully Departed from Its 
Practice of Applying a Cut-off Date with Respect to Russia
    Comment 2d: Whether Commerce Should Use JSC Apatit's Gross 
Profit Figure in the Profit Ratio Calculation
    Comment 2e: Whether Commerce Should Subtract Certain Costs JSC 
Apatit Incurred to Maintain Its Post-2002 Licenses
    Comment 2f: Whether Commerce Erred in Its Calculation of the 
Tier 3 Benchmark by Double Counting Volumes, Values, and Resulting 
Average Unit Values (AUVs) for Brazil and South Africa
    Comment 2g: Whether Commerce Erroneously Excluded Export Volume 
and Value Data, and Resulting AUVs, for Togo and Iran in Its Tier 3 
Benchmark Calculation
    Comment 2h: Whether Commerce Should Calculate the Benchmark in 
the Manner Proposed by ADM
    Comment 2i: Whether Commerce Should Adjust the South Africa 
Export Data to Eliminate Distorted Export Prices
    Comment 2j: Whether Commerce Should Rely on Benchmark Sources 
Other Than United Nations Comtrade and IHS Markit's Global Trade 
Atlas
    Comment 2k: Whether Commerce Should Revise JSC Apatit's Cost of 
Sales for the Benefit Calculation
    Comment 2l: Whether Commerce Should Add International Ocean 
Freight Costs to the Benchmark
    Comment 2m: Whether Commerce Should Place the Calculation 
Memorandum and Worksheets from the Preliminary Results of the 
Phosphate Fertilizers from Morocco 2020-21 Administrative Review on 
the Record
    Provision of Natural Gas for LTAR
    Comment 3a: Whether Commerce Should Reject Kazakh Export Data as 
a Natural Gas Benchmark and Use European International Energy Agency 
Data Instead
    Comment 3b: Whether Commerce Should Countervail JSC Apatit's 
Natural Gas Purchases from Independent Suppliers
    Other Program-Specific Issues
    Comment 4: Whether Commerce Properly Determined that the Vologda 
Region's Support of Industrial Development Program Is De Facto 
Specific
    Comment 5: Whether Commerce Should Use a Different Interest Rate 
Benchmark for the Russian Export Center Joint-Stock Company Lending 
Program
VIII. Recommendation

[FR Doc. 2023-24474 Filed 11-3-23; 8:45 am]
BILLING CODE 3510-DS-P