76182 Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Notices 

17See 19 CFR 351.310(d). 

1See Phosphate Fertilizers from the Russian 

Federation: Preliminary Results and Partial 

Rescission of the Countervailing Duty 

Administrative Review; 2020–2021, 88 FR 28505, 

28506 (May 4, 2023) (Preliminary Results) and 

accompanying Preliminary Decision Memorandum 

(PDM). 

2See Memorandum, ‘‘Extension of Deadline for 

Final Results of Countervailing Duty Administrative 

Review,’’ dated August 4, 2023. 

3See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Results of the 

Countervailing Duty Administrative Review of 

Phosphate Fertilizers from the Russian Federation; 

2020–2021,’’ dated concurrently with, and hereby 

adopted by, this notice (Issues and Decision 

Memorandum). 

4See Phosphate Fertilizers from the Kingdom of 

Morocco and the Russian Federation: 

Countervailing Duty Orders, 86 FR 18037 (April 7, 

2021) (Order). 

issues to be discussed. Oral 

presentations at the hearing will be 

limited to issues raised in the briefs. If 

a request for a hearing is made, parties 

will be notified of the time and date for 

the hearing.17

U.S. International Trade Commission 

Notification 

In accordance with section 703(f) of 

the Act, Commerce will notify the U.S. 

International Trade Commission (ITC) of 

its preliminary determination. If the 

final determination is affirmative, the 

ITC will determine before the later of 

120 days after the date of this 

preliminary determination or 45 days 

after the final determination whether 

these imports are materially injuring, or 

threaten material injury to, the U.S. 

industry. 

Notification to Interested Parties 

This determination is issued and 

published in accordance with sections 

703(f) and 777(i)(1) of the Act, and 19 

CFR 351.205(c). 

Dated: October 30, 2023. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix I 

Scope of the Investigation 

The products within the scope of this 

investigation are paper shopping bags with 

handles of any type, regardless of whether 

there is any printing, regardless of how the 

top edges are finished (e.g., folded, serrated, 

or otherwise finished), regardless of color, 

and regardless of whether the top edges 

contain adhesive or other material for sealing 

closed. Subject paper shopping bags have a 

width of at least 4.5 inches and depth of at 

least 2.5 inches. 

Paper shopping bags typically are made of 

kraft paper but can be made from any type 

of cellulose fiber, paperboard, or pressboard 

with a basis weight less than 300 grams per 

square meter (GSM). 

A non-exhaustive illustrative list of the 

types of handles on shopping bags covered 

by the scope include handles made from any 

materials such as twisted paper, flat paper, 

yarn, ribbon, rope, string, or plastic, as well 

as die-cut handles (whether the punchout is 

fully removed or partially attached as a flap). 

Excluded from the scope are: 

• Paper sacks or bags that are of a 1⁄6 or 1⁄7

barrel size (i.e., 11.5–12.5 inches in width, 

6.5–7.5 inches in depth, and 13.5–17.5 

inches in height) with flat paper handles or 

die-cut handles; 

• Paper sacks or bags with die-cut handles, 

a grams per square meter weight of less than 

62 GSM, and a height of less than 11.5 

inches; and 

• Shopping bags (i) with non-paper 

handles made wholly of woven ribbon or 

other similar woven fabric and (ii) that are 

finished with folded tops or for which tied 

knots or t-bar aglets (made of wood, metal, 

or plastic) are used to secure the handles to 

the bags. 

The above-referenced dimensions are 

provided for paper bags in the opened 

position. The height of the bag is the distance 

from the bottom fold edge to the top edge 

(i.e., excluding the height of handles that 

extend above the top edge). The depth of the 

bag is the distance from the front of the bag 

edge to the back of the bag edge (typically 

measured at the bottom of the bag). The 

width of the bag is measured from the left to 

the right edges of the front and back panels 

(upon which the handles typically are 

located). 

This merchandise is currently classifiable 

under Harmonized Tariff Schedule of the 

United States (HTSUS) subheadings 

4819.30.0040 and 4819.40.0040. The HTSUS 

subheadings are provided for convenience 

and customs purposes only; the written 

description of the scope is dispositive. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Investigation 

IV. Scope Comments 

V. Injury Test 

VI. Analysis of China’s Financial System 

VII. Diversification of China’s Economy 

VIII. Use of Facts Otherwise Available and 

Adverse Inferences 

IX. Subsidies Valuation 

X. Benchmarks and Interest Rates 

XI. Analysis of Programs 

XII. Critical Circumstances 

XIII. Recommendation 

[FR Doc. 2023–24473 Filed 11–3–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–821–825] 

Phosphate Fertilizers From the 

Russian Federation: Final Results of 

Countervailing Duty Administrative 

Review; 2020–2021 

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), November 30, 

2020, through December 31, 2021. 

DATES: Applicable November 6, 2023. 

FOR FURTHER INFORMATION CONTACT: 

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. 

SUPPLEMENTARY INFORMATION: 

Background 

Commerce published the preliminary 

results of this administrative review on 

May 4, 2023.1 On August 4, 2023, 

Commerce extended the deadline for the 

final results of this review to no later 

than October 31, 2023.2 For a 

description of the events that occurred 

since the Preliminary Results, see the 

Issues and Decision Memorandum.3

We conducted this review in 

accordance with section 751 of the 

Tariff Act of 1930, as amended (the Act). 

Scope of the Order 4

The products covered by this 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 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 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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Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Notices 76183 

5As 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. 

Changes Since the Preliminary Results 

Based on a review of the record and 

comments received from interested 

parties regarding the Preliminary 

Results, 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. 

Final Results of Administrative Review 

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: 

Company 

Subsidy rate 

(percent ad 

valorem) 

Joint Stock Company Apatit 5 28.50 

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. 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 Federal Register. 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 (i.e., 

within 90 days of publication). 

Cash Deposit Rates 

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. The cash deposit 

requirement, effective upon the 

publication of the final results of this 

review, shall remain in effect until 

further notice. 

Administrative Protective Order 

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. 

Notification to Interested Parties 

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). 

Dated: October 31, 2023. 

Lisa W. Wang, 

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 

Comment 1: Whether Commerce Should 

Calculate JSC Apatit’s Subsidy Rate 

Based on Data for the Entire Period of 

Review or Calendar Year 

Provision of Mining Rights for Less Than 

Adequate Remuneration (LTAR) 

Comment 2a: Whether the Provision of 

Mining Rights Provides a Financial 

Contribution 

Comment 2b: Whether Mining Rights 

Should Be Valued Based on Phosphate 

Rock 

Comment 2c: Whether Commerce 

Unlawfully Departed from Its Practice of 

Applying a Cut-off Date with Respect to 

Russia 

Comment 2d: Whether Commerce Should 

Use JSC Apatit’s Gross Profit Figure in 

the Profit Ratio Calculation 

Comment 2e: Whether Commerce Should 

Subtract Certain Costs JSC Apatit 

Incurred to Maintain Its Post-2002 

Licenses 

Comment 2f: Whether Commerce Erred in 

Its Calculation of the Tier 3 Benchmark 

by Double Counting Volumes, Values, 

and Resulting Average Unit Values 

(AUVs) for Brazil and South Africa 

Comment 2g: Whether Commerce 

Erroneously Excluded Export Volume 

and Value Data, and Resulting AUVs, for 

Togo and Iran in Its Tier 3 Benchmark 

Calculation 

Comment 2h: Whether Commerce Should 

Calculate the Benchmark in the Manner 

Proposed by ADM 

Comment 2i: Whether Commerce Should 

Adjust the South Africa Export Data to 

Eliminate Distorted Export Prices 

Comment 2j: Whether Commerce Should 

Rely on Benchmark Sources Other Than 

United Nations Comtrade and IHS 

Markit’s Global Trade Atlas 

Comment 2k: Whether Commerce Should 

Revise JSC Apatit’s Cost of Sales for the 

Benefit Calculation 

Comment 2l: Whether Commerce Should 

Add International Ocean Freight Costs to 

the Benchmark 

Comment 2m: Whether Commerce Should 

Place the Calculation Memorandum and 

Worksheets from the Preliminary Results 

of the Phosphate Fertilizers from 

Morocco 2020–21 Administrative 

Review on the Record 

Provision of Natural Gas for LTAR 

Comment 3a: Whether Commerce Should 

Reject Kazakh Export Data as a Natural 

Gas Benchmark and Use European 

International Energy Agency Data 

Instead 

Comment 3b: Whether Commerce Should 

Countervail JSC Apatit’s Natural Gas 

Purchases from Independent Suppliers 

Other Program-Specific Issues 

Comment 4: Whether Commerce Properly 

Determined that the Vologda Region’s 

Support of Industrial Development 

Program Is De Facto Specific 

Comment 5: Whether Commerce Should 

Use a Different Interest Rate Benchmark 

for the Russian Export Center Joint-Stock 

Company Lending Program 

VIII. Recommendation 

[FR Doc. 2023–24474 Filed 11–3–23; 8:45 am] 

BILLING CODE 3510–DS–P 


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