Phosphate Fertilizers From the Russian Federation: Final Results of Countervailing Duty Administrative Review; 2022

<NOTICE> DEPARTMENT OF COMMERCE <SUBAGY>International Trade Administration</SUBAGY> <DEPDOC>[C-821-825]</DEPDOC> <SUBJECT>Phosphate Fertilizers From the Russian Federation: Final Results of Countervailing Duty Administrative Review; 2022</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Enforcement and Compliance, International Trade Administration, Department of Commerce. <SUM> <HD SOURCE="HED">SUMMARY:</HD> 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), January 1, 2022, through December 31, 2022. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> Applicable November 12, 2024. </DATES> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> 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. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Background</HD> Commerce published the preliminary results of this administrative review on May 4, 2024. <SU>1</SU> <FTREF/> On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days. <SU>2</SU> <FTREF/> On August 13, 2024, Commerce extended the deadline for the final results of this administrative review until November 5, 2024. <SU>3</SU> <FTREF/> For a description of the events that occurred since the <E T="03">Preliminary Results, see</E> the Issues and Decision Memorandum. <SU>4</SU> <FTREF/> We conducted this review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). <FTNT> <SU>1</SU>   <E T="03">See Phosphate Fertilizers from the Russian Federation: Preliminary Results and Partial Rescission of the Countervailing Duty Administrative Review; 2022,</E> 89 FR 35794 (May 4, 2024) ( <E T="03">Preliminary Results</E> ), and accompanying Preliminary Decision Memorandum (PDM). </FTNT> <FTNT> <SU>2</SU>   <E T="03">See</E> Memorandum, “Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,” dated July 22, 2024. </FTNT> <FTNT> <SU>3</SU>   <E T="03">See</E> Memorandum, “Extension of Deadline for Final Results of Countervailing Duty Administrative Review,” dated August 13, 2024. </FTNT> <FTNT> <SU>4</SU>   <E T="03">See</E> Memorandum, “Issues and Decision Memorandum for the Final Results of the Countervailing Duty Administrative Review of Phosphate Fertilizers from the Russian Federation; 2022,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). </FTNT> <HD SOURCE="HD1"> Scope of the Order  <E T="51">5</E> <E T="03">See Phosphate Fertilizers from the Kingdom of Morocco and the Russian Federation: Countervailing Duty Orders,</E> 86 FR 18037 (April 7, 2021) ( <E T="03">Order</E> ). </FTNT> The products covered by this <E T="03">Order</E> are phosphate fertilizers. For a complete description of the scope of this <E T="03">Order, see</E> the Issues and Decision Memorandum. <HD SOURCE="HD1">Analysis of Comments Received</HD> 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 <E T="03">https://access.trade.gov.</E> In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at <E T="03">https://access.trade.gov/public/FRNoticesListLayout.aspx.</E> <HD SOURCE="HD1">Changes Since the Preliminary Results</HD> Based on a review of the record and comments received from interested parties regarding the <E T="03">Preliminary Results,</E> 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. <HD SOURCE="HD1">Final Results of Administrative Review</HD> 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: <GPOTABLE COLS="2" OPTS="L2,tp0,i1" CDEF="s25,20C"> <TTITLE> </TTITLE> <CHED H="1">Company</CHED> <CHED H="1"> Subsidy rate (percent ad valorem) <ENT>18.21</ENT> </ROW> </GPOTABLE> <HD SOURCE="HD1"> 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. <E T="03">See Preliminary Results</E> PDM at 7-8. </FTNT> 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 <E T="04">Federal Register</E> <E T="03">,</E> in accordance with 19 CFR 351.224(b). <HD SOURCE="HD1">Assessment Rate</HD> 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 <E T="03">ad valorem</E> 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 <E T="04">Federal Register</E> . 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 ( <E T="03">i.e.,</E> within 90 days of publication). <HD SOURCE="HD1">Cash Deposit Rates</HD> 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. For all nonreviewed 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 The cash deposit requirement, effective upon the publication of the final results of this review, shall remain in effect until further notice. <HD SOURCE="HD1">Administrative Protective Order</HD> 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. <HD SOURCE="HD1">Notification to Interested Parties</HD> 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). <SIG> <DATED>Dated: November 5, 2024.</DATED> <NAME>Abdelali Elouaradia,</NAME> Deputy Assistant Secretary for Enforcement and Compliance. </SIG> <HD SOURCE="HD1">Appendix</HD> <EXTRACT> <HD SOURCE="HD1">List of Topics Discussed in the Issues and Decision Memorandum</HD> <FP SOURCE="FP-2">I. Summary</FP> <FP SOURCE="FP-2">II. Background</FP> <FP SOURCE="FP-2"> III. Scope of the <E T="03">Order</E> </FP> <FP SOURCE="FP-2">IV. Use of Facts Otherwise Available and Adverse Inferences</FP> <FP SOURCE="FP-2">V. Subsidies Valuation</FP> <FP SOURCE="FP-2">VI. Analysis of Programs</FP> <FP SOURCE="FP-2">VII. Discussion of the Issues</FP> <FP SOURCE="FP-2">Provision of Mining Rights for Less Than Adequate Remuneration (LTAR)</FP> <FP SOURCE="FP1-2">Comment 1a: Whether Commerce Selected a Benchmark Reflective of Prevailing Market Conditions and Consistent with Market Principles</FP> <FP SOURCE="FP1-2">Comment 1b: Whether Eurostat Data Are the Most Representative Benchmark Data Available to Commerce</FP> <FP SOURCE="FP1-2">Comment 1c: Whether Commerce Should Expand Its Selected Data to Calculate a More Representative Benchmark If It Continues to Use Global Trade Atlas (GTA) Data</FP> <FP SOURCE="FP1-2">Comment 1d: Whether Commerce Should Include All Exports from South Africa in Its Benchmark</FP> <FP SOURCE="FP1-2">Comment 1e: Whether Commerce Should Account for Additional Expenses Incurred in the Production and Sale of Phosphate Rock When Calculating a Profit Ratio</FP> <FP SOURCE="FP1-2">Comment 1f: Whether Commerce Should Countervail Mining ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 11k characters. 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