9482 Federal Register / Vol. 86, No. 29 / Tuesday, February 16, 2021 / Notices 

1See 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 

(PDM). 

2See Phosphate Fertilizers from the Kingdom of 

Morocco: Amended Preliminary Determination of 

Countervailing Duty Investigation, 85 FR 85585 

(December 29, 2020) (Amended Preliminary 

Determination), and accompanying PDM. 

3See Memorandum, ‘‘Post-Preliminary 

Determination of Countervailing Duty Investigation: 

Phosphate Fertilizers from the Kingdom of 

Morocco,’’ dated January 6, 2020 (Post-Preliminary 

Determination). 

4See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Affirmative 

Determination of the Countervailing Duty 

Investigation of Phosphate Fertilizers from the 

Kingdom of Morocco,’’ dated concurrently with, 

and hereby adopted by, this notice (Issues and 

Decision Memorandum). 

5See Commerce’s Letters, ‘‘Supplemental 

Questionnaire in Lieu of On-Site Verification,’’ 

dated December 17, 2020; see also OCP’s Letter, 

‘‘Response to Questionnaire in Lieu of On-Site 

Verification,’’ dated December 30, 2020; and the 

GOM’s Letter, ‘‘In Lieu of On-Site Verification 

Questionnaire Response of the Government of the 

Kingdom of Morocco,’’ dated December 29, 2020. 

(Rosneft) Is a Government Authority that 

Provides a Financial Contribution 

Comment 3c: Whether the Saint Petersburg 

International Commodity Exchange 

(SPIMEX) Is a Government Authority 

that Provides a Financial Contribution 

Comment 3d: Whether the Provision of 

Natural Gas by Gazprom Is Specific 

Comment 3e: Whether the Provision of 

Natural Gas by SPIMEX Is Specific 

Comment 3f: Whether the Provision of 

Natural Gas for LTAR Confers a Benefit 

Comment 3g: Whether Commerce Should 

Adjust the Natural Gas Benchmark to 

‘‘Tier One’’ 

Comment 3h: Whether Commerce Should 

Adjust the Natural Gas Benchmark to 

‘‘Tier Two’’ 

Comment 3i: Whether Commerce Should 

Change the Data Relied Upon in its 

Natural Gas Benchmark ‘‘Tier Three’’ 

Analysis 

Comment 3j: Whether Commerce Should 

Adjust the Natural Gas Benchmark Data 

in its ‘‘Tier Three’’ Analysis. 

Comment 3k: Whether Commerce Should 

Use a VAT Inclusive Sales Denominator 

Comment 3l: Whether 19 CFR 

351.525(b)(6) Applies to EuroChem’s 

Natural Gas for LTAR 

Comment 3m: Whether Commerce Should 

Consider the Relative Consumption of 

Natural Gas in the Production of Subject 

Merchandise for Purposes of Attribution 

Comment 3n: Whether Commerce Should 

Use EuroChem’s 2019 Audited 

Financials for Its Sales Denominators 

Comment 3o: Whether the Delivery Cost of 

SPIMEX Natural Gas from EuroChemEnergo LLC (Energo) to JSC 

Nevinnomyssky Azot (Nevinka) and 

EuroChem Northwest JSC (EuroChem 

NW) Should Be Considered in Any 

Natural Gas Subsidy Calculation 

Comment 4: Whether the Tax Incentives 

for Mining Operations—Income Tax 

Deduction for Exploration Expenses 

Program Is Specific 

Comment 5: Whether the Income Tax 

Deduction for Research and 

Development (R&D) Expenses Is Specific 

Comment 6: Whether the Regional Support 

of Industrial Development Programs, the 

Special Investment Contract (SPIC) with 

Perm Krai, and the Preferential Debt 

Financing of Projects Aimed at 

Introducing the Best Available 

Technologies Program Are Specific 

Comment 7: Whether Commerce Used the 

Appropriate Denominator to Calculate 

PhosAgro’s Subsidy Rates 

VIII. Recommendation 

[FR Doc. 2021–03010 Filed 2–12–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–714–001] 

Phosphate Fertilizers From the 

Kingdom of Morocco: Final Affirmative 

Countervailing Duty Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) determines that 

countervailable subsidies are being 

provided to producers and exporters of 

phosphate fertilizers from the Kingdom 

of Morocco (Morocco). 

DATES: Applicable February 16, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Robert Palmer or Janae Martin, 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) 482–0238, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 30, 2020, Commerce 

published its Preliminary 

Determination.1 On December 29, 2020, 

Commerce published its Amended 

Preliminary Determination.2 On January 

6, 2021, Commerce released its PostPreliminary Determination.3 For a 

complete description of the events that 

followed the Preliminary Determination, 

see the Issues and Decision 

Memorandum.4 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 http://access.trade.gov. In addition, a 

complete version of the Issues and 

Decision Memorandum can be accessed 

directly at http://enforcement.trade.gov/ 

frn/index.html. The signed and 

electronic versions of the Issues and 

Decision Memorandum are identical in 

content. 

Period of Investigation 

The period of investigation 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 I. 

Scope Comments 

No interested party commented on the 

scope of the investigation as it appeared 

in the Preliminary Determination. 

Therefore, no changes were made to the 

scope of the investigation. 

Analysis of Subsidy Programs and 

Comments Received 

The subsidy programs under 

investigation and the issues raised in 

the case and rebuttal briefs that were 

submitted by parties in this 

investigation are addressed in the Issues 

and Decision Memorandum. For a list of 

the issues raised by interested parties 

and addressed in the Issues and 

Decision Memorandum, see Appendix II 

to this notice. 

Methodology 

Commerce conducted this 

investigation in accordance with section 

701 of the Tariff Act of 1930, as 

amended (the Act). For each of the 

subsidy programs found 

countervailable, Commerce determines 

that there is a subsidy, i.e., a financial 

contribution by 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 final determination, see 

the Issues and Decision Memorandum. 

Verification 

Commerce was unable to conduct onsite verification of the information 

relied upon in making its final 

determination in this investigation. 

However, we took additional steps in 

lieu of an on-site verification to verify 


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Federal Register / Vol. 86, No. 29 / Tuesday, February 16, 2021 / Notices 9483 

6Commerce 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. 

the information relied upon in making 

this final determination, in accordance 

with section 782(i) of the Act.6

Changes Since the Preliminary 

Determination 

Based on our review and analysis of 

the comments received from parties, we 

made certain changes to OCP S.A.’s 

subsidy rate calculations. For a 

discussion of these changes, see the 

Issues and Decision Memorandum. 

Final Determination 

Commerce determines that the 

following estimated countervailable 

subsidy rates exist: 

Company 

Subsidy rate 

ad valorem 

(percent) 

OCP S.A.6 ............................ 19.97 

All Others .............................. 19.97 

All-Others Rate 

We continue to calculate the allothers rate using the estimated 

weighted-average subsidy rate 

calculated for OCP S.A., the only 

individually examined exporter/ 

producer in this investigation, pursuant 

to section 705(c)(5)(A)(i) of the Act. 

Disclosure 

Commerce intends to disclose to 

interested parties the calculations and 

analysis performed in this final 

determination within five days of any 

public announcement or, if there is no 

public announcement, within five days 

of the date of the publication of this 

notice in the Federal Register, in 

accordance with 19 CFR 351.224(b). 

Continuation of Suspension of 

Liquidation 

As a result of our Preliminary 

Determination, and pursuant to sections 

703(d)(1)(B) and (d)(2) of the Act, we 

instructed U.S. Customs and Border 

Protection (CBP) to suspend liquidation 

of entries of subject merchandise as 

described in the scope of the 

investigation section entered, or 

withdrawn from warehouse, for 

consumption on or after November 30, 

2020, the date of publication of the 

Preliminary Determination in the 

Federal Register. 

As a result of the Amended 

Preliminary Determination, the 

amended rates for OCP and all others 

resulted in decreased cash deposits, 

which were applied retroactively to 

November 30, 2020, the date of 

publication of the Preliminary 

Determination. 

If the U.S. International Trade 

Commission (ITC) issues a final 

affirmative injury determination, we 

will issue a CVD order and require a 

cash deposit of estimated countervailing 

duties for entries of subject merchandise 

in the amounts indicated above, in 

accordance with section 706(a) of the 

Act. If the ITC determines that material 

injury, or threat of material injury, does 

not exist, this proceeding will be 

terminated, and all estimated duties 

deposited or securities posted as a result 

of the suspension of liquidation will be 

refunded or canceled. 

ITC Notification 

In accordance with section 705(d) of 

the Act, Commerce will notify the ITC 

of its final affirmative determination 

that countervailable subsidies are being 

provided to producers and exporters of 

phosphate fertilizers from Morocco. As 

Commerce’s final determination is 

affirmative, in accordance with section 

705(b) of the Act, the ITC will 

determine, within 45 days, whether the 

domestic industry in the United States 

is materially injured or threatened with 

material injury. In addition, we are 

making available to the ITC all nonprivileged and nonproprietary 

information related to this investigation. 

We will allow the ITC access to all 

privileged and business proprietary 

information in our files, provided the 

ITC confirms that it will not disclose 

such information, either publicly or 

under an administrative protective order 

(APO), without the written consent of 

the Assistant Secretary for Enforcement 

and Compliance. 

Notification Regarding APO 

In the event that the ITC issues a final 

negative injury determination, this 

notice will serve as the only reminder 

to parties subject to an APO of their 

responsibility concerning the 

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 violation which is subject to 

sanction. 

Notification to Interested Parties 

This determination is issued and 

published pursuant to sections 705(d) 

and 777(i) of the Act, and 19 CFR 

351.210(c). 

Dated: February 8, 2021. 

Christian Marsh, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

Appendix I 

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)2CaSO4; concentrated 

superphosphate, also known as double, 

treble, or triple superphosphate (TSP), 

chemical formula Ca(H2PO4)2H2O; 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 chemicallybonded, 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: 


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9484 Federal Register / Vol. 86, No. 29 / Tuesday, February 16, 2021 / Notices 

7Banque Centrale Populaire (BCP). 

8Attijariwafa Bank Group (AWB). 

9Credit Agricole du Maroc (CAM). 

10Morocco dirhams (MAD). 

1See Wood Mouldings and Millwork Products 

from the People’s Republic of China: Final 

Affirmative Countervailing Duty Determination, 86 

FR 67 (January 4, 2021) (Final Determination). 

2See ITC Notification Letter, Investigations, Inv. 

Nos. 701–TA–636 and 731–TA–1470 (Final) 

(February 10, 2021). 

(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. 

Appendix II 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Subsidies Valuation 

IV. Benchmarks and Interest Rates 

V. Analysis of Programs 

VI. Analysis of Comments 

General Issues 

Comment 1: Whether the Petition 

Demonstrated Sufficient Industry 

Support 

Comment 2: Whether Commerce’s ‘‘Other 

Assistance’’ Question Is Contrary to Law 

Mining Rights for Less Than Adequate 

Remuneration (LTAR) 

Comment 3: Whether Commerce Should 

Revise the Phosphate Rock Benchmark 

Comment 4: Whether to Include or Exclude 

HQ, Support, Debt, and Other Costs as 

Costs of Producing Phosphate Rock 

Comment 5: Whether to Include a Profit 

Component 

Comment 6: Whether Freight Costs Are 

Double Counted in the Mining Costs 

Comment 7: The Appropriate Quantity for 

the Mining Rights for LTAR Benefit 

Calculation 

Comment 8: The Appropriate Analysis for 

the Provision of Mining Rights for LTAR 

Creditworthiness 

Comment 9: Whether Commerce Correctly 

Analyzed OCP S.A. (OCP)’s Financial 

Ratios 

Comment 10: Whether OCP Is 

Uncreditworthy in 2018 

Comment 11: Whether Commerce Should 

Consider OCP’s Long-Term Loans in the 

Creditworthiness Analysis 

Comment 12: Whether Commerce 

Misinterpreted OCP’s Credit Ratings 

Authority Determinations 

Comment 13: Whether BCP 7 Is an 

Authority and Provides a Financial 

Contribution 

Comment 14: Whether Al Mada and AWB8

Are Authorities and Provide a Financial 

Contribution 

OCP 2016 and 2018 Bond Issuance 

Comment 15: Whether OCP’s 2016 Bond 

Issue Conferred a Benefit 

Comment 16: Whether OCP’s Bond 

Issuance Is Specific 

Comment 17: Whether Commerce Should 

Revise the Uncreditworthy Benchmark 

Interest Rate 

Loans 

Comment 18: Whether Direct Loans From 

AWB, BCP, and CAM 9 Are 

Countervailable 

Comment 19: Whether the Provision of 

Loan Guarantees Is Countervailable 

Tax Programs 

Comment 20: Whether Commerce 

Overstated Taxable Income for the Tax 

Incentives for Export Operations 

Program 

Comment 21: Whether Commerce Should 

Adjust OCP’s Cash Deposit Rate 

Comment 22: Whether the Reductions in 

Tax Fines and Penalties Is Specific 

Value-Added Tax (VAT) 

Comment 23: Whether the MAD 10 20.5 

Billion VAT Refund Is Countervailable 

Comment 24: Whether VAT Exemptions 

for Capital Goods, Machinery and 

Equipment Are Countervailable 

Other Subsidies 

Comment 25: Whether the Provision of 

Phosphogypsum Waste Disposal Is 

Countervailable 

Comment 26: Whether the Provision of 

Phosphogypsum Waste Disposal Was 

Properly Initiated 

Comment 27: Whether the Provision of Rail 

Service for LTAR Is Specific 

VII. Recommendation 

[FR Doc. 2021–03011 Filed 2–12–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–118] 

Wood Mouldings and Millwork 

Products From the People’s Republic 

of China: Countervailing Duty Order 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: Based on the affirmative final 

determinations by the Department of 

Commerce (Commerce) and the 

International Trade Commission (ITC), 

Commerce is issuing its countervailing 

duty order on wood mouldings and 

millwork products (millwork products) 

from the People’s Republic of China 

(China). 

DATES: Applicable February 16, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Irene Gorelik or Faris Montgomery, 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) 482–6905 or 

(202) 482–1537, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On January 4, 2021, Commerce 

published its Final Determination in the 

countervailing duty investigation of 

millwork products from China.1 On 

February 10, 2021, the ITC notified 

Commerce of its final determination, 

pursuant to sections 705(b)(1)(A)(i) and 

705(d) of the Tariff Act of 1930, as 

amended (the Act), that an industry in 

the United States is materially injured 

by reason of subsidized imports of 

millwork products from China.2

Scope of the Order 

The products covered by this order 

are millwork products from China. For 

a full description of the scope of this 

order, see the appendix to this notice. 

Countervailing Duty Order 

On February 10, 2021, in accordance 

with sections 705(b)(1)(A)(i) and 705(d) 

of the Act, the ITC notified Commerce 

of its final determination in this 

investigation, in which it found that an 

industry in the United States is 

materially injured by reason of 


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