[Federal Register Volume 91, Number 74 (Friday, April 17, 2026)]
[Notices]
[Pages 20639-20641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-07503]
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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; 2023
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) of January
1, 2023, through December 31, 2023.
DATES: Applicable April 17, 2026.
FOR FURTHER INFORMATION CONTACT: Shane Subler or Henry Wolfe, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6241 or (202) 482-0574,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 8, 2025, Commerce published the Preliminary Results and
invited interested parties to comment.\1\ Due to the lapse in
appropriations and Federal Government shutdown, on November 14, 2025,
Commerce tolled all deadlines in administrative proceedings by 47
days.\2\ Additionally, due to a backlog of documents that were
electronically filed via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS)
during the Federal Government shutdown, on November 24, 2025, Commerce
tolled all deadlines in administrative proceedings by an additional 21
days.\3\ On January 22, 2026, Commerce extended the deadline for the
final results by an additional 53 days.\4\ On April 2, 2026, Commerce
extended the deadline for the final results by an additional seven
days.\5\ Accordingly, the deadline for these final results is now April
13, 2026.\6\
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\1\ See Phosphate Fertilizers from the Russian Federation:
Preliminary Results and Partial Rescission of Countervailing Duty
Administrative Review; 2023, 90 FR 38441 (August 8, 2025)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\3\ See Memorandum, ``Tolling of All Case Deadlines,'' dated
November 24, 2025.
\4\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review,'' dated January 22, 2026.
\5\ See Memorandum, ``Second Extension of Deadline for Final
Results of Countervailing Duty Administrative Review,'' dated April
2, 2026.
\6\ Id.
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For a detailed description of the events that occurred after the
Preliminary Results, see the Issues and Decision Memorandum.\7\ The
Issues and
[[Page 20640]]
Decision Memorandum is a public document and is on file electronically
via 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.
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\7\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Phosphate Fertilizers from the Russian Federation; 2023,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Scope of the Order 8
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\8\ 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 the 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 by interested parties in briefs are addressed in
the Issues and Decision Memorandum. A list of the issues raised by
parties in the Issues and Decision Memorandum is provided in the
appendix to this notice.
Changes Since the Preliminary Results
Based on our analysis of comments from interested parties and the
evidence on the record, we made certain revisions to the subsidy
calculations for JSC Apatit found in the Preliminary Results. These
changes are explained in the Issues and Decision Memorandum.
Methodology
Commerce conducted this administrative review in accordance with
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
For each of the subsidy programs found to be countervailable, we find
that there is a subsidy, i.e., a government-provided financial
contribution that gives rise to a benefit to the recipient, and that
the subsidy is specific. For a full description of the methodology
underlying all of Commerce's conclusions, including our reliance, in
part, on facts otherwise available, including adverse facts available,
pursuant to sections 776(a) and (b) of the Act, see the Issues and
Decision Memorandum.
Final Results of Review
In accordance with 19 CFR 351.221(b)(4)(i), we calculated an
individual net countervailable subsidy rate for JSC Apatit. We
determine the following net countervailable subsidy rate for the POR of
January 1, 2023, through December 31, 2023:
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\9\ 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. See Preliminary Results PDM at 6-
8.
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Subsidy rate
Company (percent ad
valorem)
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Joint Stock Company Apatit \9\......................... 12.71
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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).
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 for the POR (i.e., January 1, 2023, to December 31,
2023). Commerce intends 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 Rates
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 JSC
Apatit (and its crossed-owned affiliates) listed above 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. For all non-reviewed firms, we will
instruct CBP to continue to collect cash deposits of estimated
countervailing duties at the all-others rate or the most recent
company-specific rate applicable to the company, as appropriate. These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the return or 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 violation which
is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review and notice in accordance with sections 751(a)(1) and 777(i)(1)
of the Act, and 19 CFR 351.221(b)(5).
Dated: April 13, 2026.
Christopher Abbott,
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 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
Provision of Mining Rights for Less Than Adequate Remuneration
(LTAR)
Comment 1a: Whether to Countervail Mining Licenses Obtained
Prior to the April 1, 2002, Cut-Off Date
Comment 1b: Whether Commerce Unlawfully Rejected Tier Two Data
on the Record From Kazakhstan in Constructing Its Benchmark Price
Comment 1c: Whether to Include Export Data from Togo and Jordan
in the Tier Three Benchmarks
Comment 1d: Whether to Account for Additional Expenses Incurred
in the Production and Sale of Phosphate Rock When Calculating a
Profit Ratio
Provision of Natural Gas for LTAR
Comment 2a: Whether the Provision of Natural Gas is Specific
Comment 2b: Whether to Use Turkmen Gas Exports as a Tier Two
World Market Benchmark
[[Page 20641]]
Comment 2c: Whether to Use Global Organization for Economic
Cooperation and Development (OECD) Data for a Tier Three Benchmark
Comment 2d: Whether to Correct the Conversion Rate Used in the
Benchmark Calculation of the Petitioner's OECD Data
Comment 2e: Whether to Adjust the Natural Gas Benchmark Prices
to Reflect Applicable Russian Value-Added Tax
Other Issues
Comment 3: Whether the Vologda Region and Leningrad Region
Support of Industrial Development Programs Are De Facto Specific
Comment 4: Whether Commerce Erred in the Selection of a
Benchmark for One of JSC Apatit's Loans Under the Corporate
Competitiveness Improvement Program
Comment 5: Whether Commerce Incorrectly Used National Average
Interest Rates from the International Monetary Fund's International
Financial Statistics Publication as Benchmarks for Certain Loans
Under the CCIP
Comment 6: Whether JSC Apatit Received a Benefit From the
``Other Subsidies'' Reported
VIII. Recommendation
[FR Doc. 2026-07503 Filed 4-16-26; 8:45 am]
BILLING CODE 3510-DS-P