[Federal Register Volume 85, Number 249 (Tuesday, December 29, 2020)]
[Notices]
[Pages 85585-85586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28760]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-714-001]


Phosphate Fertilizers From the Kingdom of Morocco: Amended 
Preliminary Determination of Countervailing Duty Investigation

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

SUMMARY: The Department of Commerce (Commerce) is amending the 
preliminary affirmative countervailing duty determination on phosphate 
fertilizers from the Kingdom of Morocco (Morocco) to correct a 
significant ministerial error.

DATES: Applicable December 29, 2020.

FOR FURTHER INFORMATION CONTACT: Robert Palmer or Samuel Glickstein, 
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) 482-5307, respectively.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with section 703(b) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.205(b), on November 30, 2020, 
Commerce published its preliminary affirmative countervailing duty 
determination on phosphate fertilizers from Morocco.\1\ On November 30, 
2020, we received timely ministerial error allegations from the 
petitioner \2\ and OCP S.A. (OCP) that Commerce made significant 
ministerial errors in the Preliminary Determination with respect to 
OCP's subsidy rate.\3\
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    \1\ See Phosphate Fertilizers from the Kingdom of Morocco: 
Preliminary Affirmative Countervailing Duty Determination, 85 FR 
76522 November 30, 2020) (Preliminary Determination) and 
accompanying Preliminary Decision Memorandum.
    \2\ The petitioner in this investigation is The Mosaic Company.
    \3\ See Petitioner's letter, ``Ministerial Error Comments on the 
Preliminary Determination,'' dated November 30, 2020 (Petitioner's 
Clerical Error Comments); and OCP's letter, ``Ministerial Error 
Comments,'' dated November 30, 2020 (OCP's Ministerial Error 
Comments).
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Period of Investigation

    The period of investigation (POI) is January 1, 2019 through 
December 31, 2019.

Scope of the Investigation

    The products covered by this investigation are phosphate 
fertilizers from Morocco. For a complete description of the scope of 
this investigation, see Appendix.

Analysis of Significant Ministerial Error Allegations

    Commerce will analyze any comments received and, if appropriate, 
correct any significant ministerial error by amending the preliminary 
determination according to 19 CFR 351.224(e). A ministerial error is 
defined in 19 CFR 351.224(f) as ``an error in addition, subtraction, or 
other arithmetic function, clerical error resulting from inaccurate 
copying, duplication, or the like, and any other similar type of 
unintentional error which the Secretary considers ministerial.'' \4\ A 
significant ministerial error is defined as a ministerial error, the 
correction of which, singly or in combination with other errors, would 
result in: (1) A change of at least five absolute percentage points in, 
but not less than 25 percent of, the countervailing duty rate 
calculated in the original preliminary determination; or (2) a 
difference between a countervailing duty rate of zero (or de minimis) 
and a countervailing duty rate greater than de minimis, or vice 
versa.\5\
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    \4\ See section 705(e) of the Act.
    \5\ See 19 CFR 351.224(g).
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Amended Preliminary Determination

    Pursuant to 19 CFR 351.224(e) and (g)(1), Commerce is amending the 
Preliminary Determination to reflect the correction of one ministerial 
error made in the calculation of the countervailable subsidy rate for 
OCP.\6\ Specifically, when applying the benchmark interest rate to 
calculate OCP's benefit under the loan guarantee program, we 
inadvertently failed to convert the number into a useable percentage 
format. Commerce finds that this ministerial error is a significant 
ministerial error within the meaning of 19 CFR 351.224(g), because 
correction of this error decreases OCP's countervailing subsidy rate 
from 23.46 to 16.88 percent, which is a change that is at least five 
absolute percentage points in, but not less than 25 percent of, the 
subsidy rate calculated for OCP in the original Preliminary 
Determination. Furthermore, as OCP's subsidy rate is the only 
calculated subsidy rate in this investigation and as such is also the 
all-others subsidy rate,\7\ Commerce is amending the preliminary all-
others subsidy rate accordingly. For a complete discussion of the 
alleged ministerial errors, see the Preliminary Ministerial Error Memo.
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    \6\ See Memorandum, ``Countervailing Duty Investigation of 
Phosphate Fertilizers from the Kingdom of Morocco: Allegations of 
Significant Ministerial Errors in the Preliminary Determination,'' 
dated concurrently with this notice (Preliminary Ministerial Error 
Memo).
    \7\ See Preliminary Determination at 85 FR 76522, 76523.

                    Amended Preliminary Determination
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                                                           Subsidy rate
                         Company                             (percent)
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OCP S.A. \8\............................................           16.88
All-Others..............................................           16.88
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Amended Cash Deposits and Suspension of Liquidation
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    \8\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found the following companies to be cross-owned with 
OCP S.A.: Jorf Fertilizers Company I, Jorf Fertilizers Company II, 
Jorf Fertilizers Company III, Jorf Fertilizers Company IV, Jorf 
Fertilizers Company V, and Maroc Phosphore.
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    The collection of cash deposits and suspension of liquidation will 
be revised according to the rates calculated in this amended 
preliminary determination. Because the amended rates for OCP and all 
others result in decreased cash deposits, they will be effective 
retroactively to November 30, 2020, the date of publication of the 
Preliminary Determination. Parties will be notified of this 
determination, in accordance with section 703(d) and (f) of the Act.

Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after public

[[Page 85586]]

announcement of the amended preliminary determination, in accordance 
with 19 CFR 351.224.

International Trade Commission Notification

    In accordance with section 703(f) of the Act, we will notify the 
International Trade Commission of our amended preliminary 
determination.

Notification to Interested Parties

    This amended preliminary determination is issued and published 
pursuant to sections 703(f) and 777(i) of the Act and 19 CFR 
351.224(e).

    Dated: December 21, 2020.
Joseph A. Laroski Jr.,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix

Scope of the Investigation

    The merchandise covered by this investigation 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[middot]CaSO4; concentrated superphosphate, also known as 
double, treble, or triple superphosphate (TSP), chemical formula 
Ca(H2PO4)2[middot]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 this 
investigation are included when commingled (i.e., mixed or blended) 
with phosphate fertilizers from sources not subject to this 
investigation. Phosphate fertilizers that are otherwise subject to 
this investigation are included when commingled with substances 
other than phosphate fertilizers subject to this investigation 
(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 this investigation. The 
following products are specifically excluded from the scope of this 
investigation:
    (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 this investigation;
    (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 this investigation 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. 2020-28760 Filed 12-28-20; 8:45 am]
 BILLING CODE 3510-DS-P