[Federal Register Volume 89, Number 86 (Thursday, May 2, 2024)]
[Notices]
[Pages 35800-35801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09586]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-714-001]


Phosphate Fertilizers From the Kingdom of Morocco: Preliminary 
Results of the Countervailing Duty Administrative Review, 2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that countervailable subsidies are being provided to 
producers and exporters of phosphate fertilizers from the Kingdom of 
Morocco (Morocco). The period of review (POR) is January 1, 2022, 
through December 31, 2022.

DATES: Applicable May 2, 2024.

FOR FURTHER INFORMATION CONTACT: Robert Palmer or Jaron Moore, 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) 482-9068 or (202) 
482-3640, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 28, 2023, we received a request from The Mosaic Company 
(the petitioner) to conduct an administrative review with respect to 
OCP S.A. (OCP).\1\ On June 12, 2023, Commerce published a notice of 
initiation of an administrative review of the countervailing duty (CVD) 
order on phosphate fertilizers from Morocco.\2\ On December 12, 2023, 
Commerce extended the deadline for the preliminary results of this 
review until April 26, 2024.\3\
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    \1\ See Petitioner's Letter, ``Request for Countervailing Duty 
Administrative Review,'' dated April 28, 2023.
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 38021 (June 12, 2023) (Initiation 
Notice).
    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of the 2020-2021 Countervailing Duty Administrative 
Review,'' dated December 12, 2023.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\4\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included at the appendix to this notice. The Preliminary 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 Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx/.
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    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Countervailing Duty Administrative Review of 
Phosphate Fertilizers from the Kingdom of Morocco; 2022,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order

    The merchandise covered by the order is phosphate fertilizers. For 
a complete description of the scope of the order, see the Preliminary 
Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, we preliminarily 
determine that there is a subsidy, i.e., a financial contribution from 
an authority that gives rise to a benefit to the recipient, and that 
the subsidy is specific.\5\ For a full description of the methodology 
underlying our conclusions, see the Preliminary Decision Memorandum.
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    \5\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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Preliminary Results of Review

    As a result of this review, we preliminarily determine the 
following net countervailable subsidy rate for the period January 1, 
2022, through December 31, 2022:

------------------------------------------------------------------------
                                                           Subsidy rate
                   Producer/exporter                       (percent ad
                                                             valorem)
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OCP S.A.\6\............................................           14.21
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Disclosure and Public Comment
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    \6\ As discussed in the Preliminary Decision Memorandum, 
Commerce preliminarily finds the following companies to be cross-
owned with OCP S.A.: Nutircrops S.A.; Jorf Fertilizers Company I; 
Jorf Fertilizers Company II; Jorf Fertilizers Company III; Jorf 
Fertilizers Company IV; and Jorf Fertilizers Company V.
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    Commerce intends to disclose its calculations performed to 
interested

[[Page 35801]]

parties for these preliminary results within five days of any public 
announcement or, if there is no public announcement, within five days 
of the date of publication of this notice in the Federal Register in 
accordance with 19 CFR 351.224(b).
    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance.\7\ A timeline for 
the submission of case briefs and written comments will be notified to 
interested parties at a later date. Rebuttal briefs, limited to issues 
raised in the case briefs, may be filed not later than five days after 
the date for filing case briefs.\8\ Interested parties that submit case 
briefs or rebuttal briefs in this proceeding must submit: (1) a table 
of contents listing each issue; and (2) a table of authorities.\9\
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    \7\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 for 
general filing requirements.
    \8\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Procedures).
    \9\ See 19 CFR 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\10\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final results in this administrative review. We 
request that interested parties include footnotes for relevant 
citations in the public executive summary of each issue. Note that 
Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\11\
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    \10\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \11\ See APO and Service Procedures.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. Requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. An electronically filed 
hearing request must be received successfully in its entirety by 
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time 
within 30 days after the date of publication of this notice.
    Unless the deadline is extended, we intend to issue the final 
results of this administrative review, which will include the results 
of our analysis of the issues raised in the case briefs, within 120 
days of publication of these preliminary results in the Federal 
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 
351.213(h).

Assessment Rate

    In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily 
assigned the subsidy rate in the amount shown above for OCP. Upon 
completion of the administrative review, consistent with section 
751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
countervailing duties on all appropriate entries covered by this 
review.
    We will instruct CBP to assess countervailing duties on all 
appropriate entries at the subsidy rate calculated in the final results 
of this review. 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 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

    In accordance with section 751(a)(1) of the Act, Commerce intends, 
upon publication of the final results, to instruct CBP to collect cash 
deposits of estimated countervailing duties in the amount shown for OCP 
(and its cross-owned affiliates) on shipments of 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 requirements, when imposed, shall remain in effect 
until further notice.

Notification to Interested Parties

    These preliminary results are issued and published pursuant to 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: April 26, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation Information
V. Interest Rate Benchmarks and Benchmarks for Measuring the 
Adequacy of Remuneration
VI. Analysis of Programs
VII. Recommendation

[FR Doc. 2024-09586 Filed 5-1-24; 8:45 am]
BILLING CODE 3510-DS-P