[Federal Register Volume 85, Number 142 (Thursday, July 23, 2020)]
[Notices]
[Pages 44505-44509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15956]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-714-001, C-821-825]
Phosphate Fertilizers From the Kingdom of Morocco and the Russian
Federation: Initiation of Countervailing Duty Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable July 16, 2020.
FOR FURTHER INFORMATION CONTACT: Robert Palmer (Morocco) or George
Ayache (Russia), 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) 482-2623, respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On June 26, 2020, the U.S. Department of Commerce (Commerce)
received countervailing duty (CVD) petitions concerning imports of
phosphate fertilizers from the Kingdom of Morocco (Morocco) and the
Russian Federation (Russia), filed in proper form on behalf of The
Mosaic Company (the petitioner), a domestic producer of phosphate
fertilizers.\1\
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\1\ See Petitioner's Letter, ``Petitions for the Imposition of
Countervailing Duties: Phosphate Fertilizers from Morocco and
Russia,'' dated June 26, 2020 (the Petitions).
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Between June 30 and July 1, 2020, Commerce requested supplemental
information pertaining to certain aspects of the Petitions.\2\ The
petitioner filed responses to these requests between July 2 and 6,
2020.\3\
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\2\ See Commerce's Letter, ``Petitions for the Imposition of
Countervailing Duties on Phosphate Fertilizers from Morocco and
Russia: Supplemental Questions,'' dated July 1, 2020 (General Issues
Questionnaire); Commerce's Letter, ``Petition for the Imposition of
Countervailing Duties on Phosphate Fertilizers from Morocco:
Supplemental Questions,'' dated June 30, 2020; and Commerce's
Letter, ``Petition for the Imposition of Countervailing Duties on
Phosphate Fertilizers from Russia: Supplemental Questions,'' dated
June 30, 2020.
\3\ See Petitioner's Letter, ``Phosphate Fertilizers from
Morocco: Response to the Department's Supplemental Questions
Concerning the Petition for the Imposition of Countervailing Duties
on Imports of Phosphate Fertilizers from Morocco,'' dated July 2,
2020 (Morocco Supplement); Petitioner's Letter, ``Phosphate
Fertilizers from Russia: Response to the Department's Supplemental
Questions Concerning the Petition for the Imposition of
Countervailing Duties on Imports of Phosphate Fertilizers from
Russia,'' dated July 2, 2020 (Russia Supplement); and Petitioner's
Letter, ``Phosphate Fertilizers from Morocco and Russia: Response to
the Department's Supplemental Questions on General Issues Concerning
the Petitions for the Imposition of Countervailing Duties on Imports
of Phosphate Fertilizers from Morocco and Russia,'' dated July 6,
2020 (General Issues Supplement).
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In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Government of
Morocco (GOM) and the Government of Russia (GOR) are providing
countervailable subsidies, within the meaning of sections 701 and
771(5) of the Act, to producers of phosphate fertilizers in Morocco and
Russia, and that such imports are materially injuring, or threatening
material injury to, the domestic industry producing phosphate
fertilizers in the United States. Consistent with section 702(b)(1) of
the Act and 19 CFR 351.202(b), for those alleged programs on which we
are initiating a CVD investigation, the Petitions were accompanied by
information reasonably available to the petitioner supporting its
allegations.
Commerce finds that the petitioner filed the Petitions on behalf of
the domestic industry because the petitioner is an interested party, as
defined in section 771(9)(C) of the Act. Commerce also finds that the
petitioner demonstrated sufficient industry support with respect to the
initiation of the requested CVD investigations.\4\
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\4\ See ``Determination of Industry Support for the Petitions''
section, infra.
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Period of Investigation
Because the Petitions were filed on June 26, 2020, the period of
investigation (POI) is January 1, 2019 through December 31, 2019.\5\
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\5\ See 19 CFR 351.204(b)(2).
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Scope of the Investigations
The merchandise covered by these investigations are phosphate
fertilizers from Morocco and Russia. For a full description of the
scope of these investigations, see the Appendix to this notice.
Comments on Scope of the Investigations
On July 1, 2020, Commerce requested further information from the
petitioner regarding the proposed scope to ensure that the scope
language in the Petitions is an accurate reflection of the products for
which the domestic industry is seeking relief.\6\ On July 6, 2020, the
petitioner revised the scope.\7\ The description of the merchandise
covered by these investigations, as described in the appendix to this
notice, reflects these clarifications.
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\6\ See General Issues Questionnaire.
\7\ See General Issues Supplement at 11-13.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\8\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. If scope comments include factual information,\9\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit scope comments by 5:00 p.m. Eastern Time
(ET) on August 5, 2020, which is 20 calendar days from the signature
date of this notice. Any rebuttal comments, which may include factual
information, must be filed by 5:00 p.m. ET on August 17, 2020, which is
the next business day \10\ after 10
[[Page 44506]]
calendar days from the initial comment deadline.\11\
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\8\ See Countervailing Duties, 62 FR 27323 (May 19, 1997)
(Preamble).
\9\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\10\ In this case, 10 days after the initial comment deadline
falls on August 15, 2020, a Saturday. Where a deadline falls on a
weekend or federal holiday, the appropriate deadline is the next
business day. See Notice of Clarification: Application of ``Next
Business Day'' Rule for Administrative Determination Deadlines
Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10,
2005).
\11\ See 19 CFR 351.303(b).
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Commerce requests that any factual information the parties consider
relevant to the scope of the investigations be submitted during this
time period. However, if a party subsequently finds that additional
factual information pertaining to the scope of the investigations may
be relevant, the party may contact Commerce and request permission to
submit the additional information. All such comments must be filed on
the record of the concurrent CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically using
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\12\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\12\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at https://access.trade.gov/help.aspx and a handbook
can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the GOM and the GOR of the receipt of the Petitions and
provided it the opportunity for consultations with respect to the
Petitions.\13\ Commerce held consultations with the GOR and the GOM on
July 10 and 13, 2020, respectively.\14\
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\13\ See Commerce's Letter, ``Countervailing Duty Petition on
Phosphate Fertilizers from Morocco: Invitation for Consultations,''
dated June 26, 2020; and Commerce's Letter, ``Countervailing Duty
Petition on Phosphate Fertilizers from Russia: Invitation for
Consultations,'' dated June 26, 2020.
\14\ See Memoranda, ``Countervailing Duty Petition on Phosphate
Fertilizers from the Russian Federation (Russia): Consultations with
Officials from the Government of Russia,'' dated July 13, 2020; and
``Countervailing Duty Petition on Phosphate Fertilizers from
Morocco: Consultations with Officials from the Government of
Morocco,'' dated July 15, 2020.
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Determination of Industry Support for the Petitions
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
Poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\15\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\16\
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\15\ See section 771(10) of the Act.
\16\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F. 2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigations.\17\ Based on our analysis of the information
submitted on the record, we have determined that phosphate fertilizers,
as defined in the scope, constitute a single domestic like product, and
we have analyzed industry support in terms of that domestic like
product.\18\
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\17\ See Volume I of the Petitions at I-19-22.
\18\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
the country-specific CVD Initiation Checklists at Attachment II,
Analysis of Industry Support for the Countervailing Duty Petitions
Covering Phosphate Fertilizers from Morocco and Russia (Attachment
II).
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In determining whether the petitioner had standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioner provided its
2019 production of the domestic like product and compared it to the
total 2019 production of the domestic like product, which includes its
production data and estimates for that of the other domestic
producers.\19\ The petitioner estimated the 2019 production of the
domestic like product for all other producers based on production
capacity data reported by the International Fertilizer Association
(IFA) and production data reported by The Fertilizer Institute (TFI),
supplemented with its own production estimates for certain products not
included in the IFA or TFI data.\20\ We relied on data provided by the
petitioner for purposes of measuring industry support.\21\
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\19\ See Volume I of the Petitions at I-5-6 and Exhibits I-5-8;
see also General Issues Supplement at 16-18 and Exhibits GEN-SUPP-
QR-10-11.
\20\ Id..
\21\ Id. For further discussion, see Attachment II of the
country-specific CVD Initiation Checklists.
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On July 10, 2020, we received comments on industry support from
Koch Fertilizer, LLC (Koch Fertilizer), a wholesaler of phosphate
fertilizers.\22\ On July 13, 2020, we received comments on industry
support from International Raw Materials Ltd. (IRM), a U.S. importer of
phosphate fertilizers.\23\ On July 14, 2020, we received comments on
industry support from OCP S.A. (OCP), a producer/
[[Page 44507]]
exporter of phosphate fertilizers in Morocco.\24\ The GOM commented on
industry support in its July 14, 2020, consultations paper.\25\ On July
15, 2020, we received comments on industry support from American Plant
Food, a wholesaler of phosphate fertilizers.\26\ The petitioner
responded to the industry support comments on July 15, 2020.\27\
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\22\ See Koch Fertilizer's Letters, ``Phosphate Fertilizers from
Morocco and Russia: Entry of Appearance,'' dated July 10, 2020, and
``Phosphate Fertilizer from Morocco and Russia: {Comments on
the{time} to Countervailing Duty Petition,'' dated July 10, 2020.
\23\ See IRM's Letter, ``Phosphate Fertilizers from Morocco--
Request on Behalf of International Raw Materials Ltd. to Poll the
Domestic Industry,'' dated July 13, 2020.
\24\ See OCP's Letter, ``Phosphate Fertilizers from Morocco and
Russia: Pre-Initiation Comments on Industry Support,'' dated July
14, 2020.
\25\ See GOM's Letter, ``Phosphate Fertilizers from Morocco:
Submission of Consultations Paper,'' dated July 14, 2020.
\26\ See American Plant Food's Letter, ``Phosphate Fertilizer
from Morocco and Russia--Opposition to the Countervailing Duty
Petition,'' dated July 15, 2020.
\27\ See Petitioner's Letter, ``: Phosphate Fertilizers from
Morocco: Response to Submissions Concerning Industry Support,''
dated July 15, 2020 (Petitioner's Rebuttal).
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Our review of the data provided in the Petitions, the General
Issues Supplement, the Petitioner's Rebuttal, and other information
readily available to Commerce indicates that the petitioner has
established industry support for the Petitions.\28\ First, the
Petitions established support from domestic producers (or workers)
accounting for more than 50 percent of the total production of the
domestic like product and, as such, Commerce is not required to take
further action in order to evaluate industry support (e.g.,
polling).\29\ Second, the domestic producers (or workers) have met the
statutory criteria for industry support under section 702(c)(4)(A)(i)
of the Act because the domestic producers (or workers) who support the
Petitions account for at least 25 percent of the total production of
the domestic like product.\30\ Finally, the domestic producers (or
workers) have met the statutory criteria for industry support under
section 702(c)(4)(A)(ii) of the Act because the domestic producers (or
workers) who support the Petitions account for more than 50 percent of
the production of the domestic like product produced by that portion of
the industry expressing support for, or opposition to, the
Petitions.\31\ Accordingly, Commerce determines that the Petitions were
filed on behalf of the domestic industry within the meaning of section
702(b)(1) of the Act.\32\
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\28\ See Attachment II of the country-specific CVD Initiation
Checklists.
\29\ Id.; see also section 702(c)(4)(D) of the Act.
\30\ See Attachment II of the country-specific CVD Initiation
Checklists.
\31\ Id.
\32\ Id.
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Injury Test
Because Morocco and Russia are ``Subsidies Agreement Countries''
within the meaning of section 701(b) of the Act, section 701(a)(2) of
the Act applies to these investigations. Accordingly, the ITC must
determine whether imports of the subject merchandise from Morocco and/
or Russia materially injure, or threaten material injury to, a U.S.
industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioner
alleges that subject imports exceed the negligibility threshold
provided for under section 771(24) of the Act.\33\ The petitioner
demonstrates that subject imports from Russia exceed the negligibility
threshold of three percent under section 771(24)(A) of the Act.\34\ In
CVD petitions, section 771(24)(B) of the Act provides that imports of
subject merchandise from developing and least-developed countries must
exceed the negligibility threshold of four percent. The petitioner also
demonstrates that subject imports from Morocco, which has been
designated as a developing country under section 771(36)(A) of the
Act,\35\ exceed the negligibility threshold of four percent.\36\
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\33\ See Volume I of the Petitions at I-25 and Exhibit I-25.
\34\ Id.
\35\ See Designations of Developing and Least-Developed
Countries under the Countervailing Duty Law, 85 FR 7613, 7615-7616
(February 10, 2020).
\36\ See Volume I of the Petitions at I-25 and Exhibit I-25.
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The petitioner contends that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
reduced market share; underselling and price depression and
suppression; lost sales and revenues; underutilized capacity and
declines in the domestic industry's production and shipments due to
idling and closures of production facilities; decline in profitability;
declines in employment and wages; and adverse impact on investments in
production operations.\37\ We have assessed the allegations and
supporting evidence regarding material injury, threat of material
injury, causation, as well as cumulation, and we have determined that
these allegations are properly supported by adequate evidence, and meet
the statutory requirements for initiation.\38\
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\37\ Id. at I-1 through I-3, I-18, I-19, I-24 through I-56 and
Exhibits I-1, I-2, I-3, I-21 and I-26 through I-69.
\38\ See country-specific CVD Initiation Checklists, at
Attachment III, Analysis of Allegations and Evidence of Material
Injury and Causation for the Countervailing Duty Petitions Covering
Phosphate Fertilizers from Morocco and Russia (Attachment III).
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Initiation of CVD Investigations
Based upon the examination of the Petitions on phosphate
fertilizers from Morocco and Russia, we find that the Petitions meet
the requirements of section 702 of the Act. Therefore, we are
initiating CVD investigations to determine whether imports of phosphate
fertilizers from Morocco and Russia benefit from countervailable
subsidies conferred by the GOM and the GOR, respectively. In accordance
with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless
postponed, we will make our preliminary determination no later than 65
days after the date of this initiation.
Morocco
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on all eight
alleged programs and a creditworthiness allegation with regard to OCP
Group. For a full discussion of the basis for our decision to initiate
on each program, see Morocco Initiation Checklist. A public version of
the initiation checklist for this investigation is available on ACCESS.
Russia
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on all eight
alleged programs. For a full discussion of the basis for our decision
to initiate on each program, see Russia Initiation Checklist. A public
version of the initiation checklist for this investigation is available
on ACCESS.
Respondent Selection
The petitioner named one company in Morocco and four companies in
Russia as producers/exporters of phosphate fertilizers.\39\ Commerce
intends to follow its standard practice in CVD investigations and
calculate company-specific subsidy rates in these investigations.
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\39\ See Volume I of the Petitions at Exhibit I-19; see also
Russia Supplement at 1-2.
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With respect to Russia, in the event Commerce determines that the
number of companies is large and it cannot individually examine each
company
[[Page 44508]]
based upon Commerce's resources, Commerce intends to select respondents
based on U.S. Customs and Border Protection (CBP) data for U.S. imports
of phosphate fertilizers from Russia during the POI under the
appropriate Harmonized Tariff Schedule of the United States numbers
listed in the ``Scope of the Investigation,'' in the appendix.
On July 2, 2020, Commerce released CBP data for U.S. imports of
phosphate fertilizers from Russia under Administrative Protective Order
(APO) to all parties with access to information protected by APO and
indicated that interested parties wishing to comment regarding the CBP
data and respondent selection must do so within three business days of
the publication date of the notice of initiation of this CVD
investigation.\40\ Commerce will not accept rebuttal comments regarding
the CBP data or respondent selection. Interested parties must submit
applications for disclosure under APO in accordance with 19 CFR
351.305(b). Instructions for filing such applications may be found on
the Commerce's website at http://enforcement.trade.gov/apo.
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\40\ See Memorandum, ``Countervailing Duty Petition on Phosphate
Fertilizers from Russia: Release of Customs Data from U.S. Customs
and Border Protection,'' dated July 2, 2020.
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With respect to Morocco, although Commerce normally relies on
import data from CBP to determine whether to select a limited number of
producers/exporters for individual examination in CVD investigations,
the petitioner identified only one company as a producer/exporter of
phosphate fertilizers in Morocco, OCP Group, and provided information
from independent sources as support.\41\ Furthermore, we currently know
of no additional producers/exporters of phosphate fertilizers from
Morocco. Accordingly, Commerce intends to examine the only known
producer/exporter in the Morocco investigation (i.e., OCP Group).
Interested parties wishing to comment on respondent selection for the
Morocco investigation must do so within three business days of the
publication date of this notice of initiation.
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\41\ See Volume II of the Petitions at II-1.
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Comments must be filed electronically using ACCESS. An
electronically filed document must be received successfully, in its
entirety, by ACCESS no later than 5:00 p.m. on the date noted above,
unless an exception applies. Commerce intends to finalize its decision
regarding respondent selection within 20 days of the publication of
this notice.
Distribution of Copies of the Petitions
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petitions has been
provided to the GOM and GOR via ACCESS.
Furthermore, to the extent practicable, Commerce will attempt to
provide a copy of the public version of the Petitions to each exporter
named in the Petitions, as provided under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of phosphate fertilizers from Morocco and
Russia are materially injuring or threatening material injury to a U.S.
industry.\42\ A negative ITC determination for any country will result
in the investigation being terminated with respect to that country.\43\
Otherwise, the investigations will proceed according to statutory and
regulatory time limits.
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\42\ See section 703(a) of the Act.
\43\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Any party, when submitting factual
information, must specify under which subsection of 19 CFR
351.102(b)(21) the information is being submitted \44\ and, if the
information is submitted to rebut, clarify, or correct factual
information already on the record, to provide an explanation
identifying the information already on the record that the factual
information seeks to rebut, clarify, or correct.\45\ Time limits for
the submission of factual information are addressed in 19 CFR 351.301,
which provides specific time limits based on the type of factual
information being submitted. Parties wishing to submit factual
information in these investigations are asked to review the regulations
prior to submitting factual information in these investigations.
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\44\ See 19 CFR 351.301(b).
\45\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301. For submissions that are due
from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, Commerce may elect to specify a different
time limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, Commerce will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, standalone submission; under limited circumstances Commerce
will grant untimely-filed requests for the extension of time limits.
Parties should review Extension of Time Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting extension requests
or factual information in these investigations.
Certification Requirements
Any party submitting factual information in an antidumping duty or
CVD proceeding must certify to the accuracy and completeness of that
information.\46\ Parties must use the certification formats provided in
19 CFR 351.303(g).\47\ Commerce intends to reject factual submissions
if the submitting party does not comply with the applicable
certification requirements.
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\46\ See section 782(b) of the Act.
\47\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Instructions for filing such
applications may be found on the Commerce website at http://enforcement.trade.gov/apo.
[[Page 44509]]
Parties wishing to participate in these investigations should ensure
that they meet the requirements of 19 CFR 351.103(d) (e.g., by filing a
letter of appearance). Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information until further notice.\48\
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\48\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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This notice is issued and published pursuant to sections 702 and
777(i) of the Act and 19 CFR 351.203(c).
Dated: July 16, 2020.
Joseph A. Laroski Jr.,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix
Scope of the Investigations
The merchandise covered by these investigations is phosphate
fertilizers in all physical forms (i.e., solid or liquid form), with
or without coating or additives such as anti-caking agents.
Phosphate fertilizers in solid form are covered whether granular,
prilled (i.e., pelletized), or in other solid form (e.g., powdered).
The covered merchandise includes phosphate fertilizers in the
following forms: Ammonium dihydrogenorthophosphate or monoammonium
phosphate (MAP), chemical formula NH4H2PO4; diammonium
hydrogenorthophosphate or diammonium phosphate (DAP), chemical
formula (NH4)2HPO4; normal superphosphate (NSP), also known as
ordinary superphosphate or single superphosphate, chemical formula
Ca(H2PO4)2-CaSO4; concentrated superphosphate, also known as double,
treble, or triple superphosphate (TSP), chemical formula Ca(H2PO4)2-
H2O; and proprietary formulations of MAP, DAP, NSP, and TSP.
The covered merchandise also includes other fertilizer
formulations incorporating phosphorous and non-phosphorous plant
nutrient components, whether chemically-bonded, granulated (e.g.,
when multiple components are incorporated into granules through,
e.g., a slurry process), or compounded (e.g., when multiple
components are compacted together under high pressure), including
nitrogen, phosphate, sulfur (NPS) fertilizers, nitrogen,
phosphorous, potassium (NPK) fertilizers, nitric phosphate (also
known as nitrophosphate) fertilizers, ammoniated superphosphate
fertilizers, and proprietary formulations thereof that may or may
not include other nonphosphorous plant nutrient components. For
phosphate fertilizers that contain non-phosphorous plant nutrient
components, such as nitrogen, potassium, sulfur, zinc, or other non-
phosphorous components, the entire article is covered, including the
non-phosphorous content, provided that the phosphorous content
(measured by available diphosphorous pentaoxide, chemical formula
P2O5) is at least 5% by actual weight.
Phosphate fertilizers that are otherwise subject to these
investigations are included when commingled (i.e., mixed or blended)
with phosphate fertilizers from sources not subject to these
investigations. Phosphate fertilizers that are otherwise subject to
these investigations are included when commingled with substances
other than phosphate fertilizers subject to these investigations
(e.g., granules containing only non-phosphate fertilizers such as
potash or urea). Only the subject component of such commingled
products is covered by the scope of these investigations. The
following products are specifically excluded from the scope of these
investigations:
(1) ABC dry chemical powder preparations for fire extinguishers
containing MAP or DAP in powdered form;
(2) industrial or technical grade MAP in white crystalline form
with available P2O5 content of at least 60% by actual weight;
(3) industrial or technical grade diammonium phosphate in white
crystalline form with available P2O5 content of at least 50% by
actual weight;
(4) liquid ammonium polyphosphate fertilizers;
(5) dicalcium phosphate, chemical formula CaHPO4;
(6) monocalcium phosphate, chemical formula CaH4P2O8;
(7) trisodium phosphate, chemical formula Na3PO4;
(8) sodium tripolyphosphate, chemical formula Na5P3O10;
(9) prepared baking powders containing sodium bicarbonate and
any form of phosphate;
(10) animal or vegetable fertilizers not containing phosphate
fertilizers otherwise covered by the scope of these investigations;
(11) phosphoric acid, chemical formula H3PO4.
The Chemical Abstracts Service (CAS) numbers for covered
phosphate fertilizers include, but are not limited to: 7722-76-1
(MAP); 7783-28-0 (DAP); and 65996-95-4 (TSP). The covered products
may also be identified by Nitrogen-Phosphate-Potash composition,
including but not limited to: NP 11-52-0 (MAP); NP 18-46-0 (DAP);
and NP 0-46-0 (TSP).
The covered merchandise is currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS) at
subheadings 3103.11.0000; 3103.19.0000; 3105.20.0000; 3105.30.0000;
3105.40.0010; 3105.40.0050; 3105.51.0000; and 3105.59.0000.
Phosphate fertilizers subject to these investigations may also enter
under subheadings 3103.90.0010, 3105.10.0000, 3105.60.0000,
3105.90.0010, and 3105.90.0050. Although the HTSUS subheadings and
CAS registry numbers are provided for convenience and customs
purposes, the written description of the scope is dispositive.
[FR Doc. 2020-15956 Filed 7-22-20; 8:45 am]
BILLING CODE 3510-DS-P