Federal Register / Vol. 89, No. 19 / Monday, January 29, 2024 / Notices 5491 

3See sections 771(5)(B) and (D) of the Act 

regarding financial contribution; section 771(5)(E) 

of the Act regarding benefit; and section 771(5A) of 

the Act regarding specificity. 

4See sections 776(a) and (b) of the Act. 

on the record, there have been no 

changes made to our adverse facts 

available (AFA) determination in the 

Preliminary Results. For a discussion of 

the issues, see the Issues and Decision 

Memorandum. 

Methodology 

Commerce conducted this 

administrative review in accordance 

with section 751(a)(1)(A) of the Tariff 

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

each of the subsidy programs found to 

be countervailable, we find that there is 

a subsidy, i.e., a government-provided 

financial contribution that gives rise to 

a benefit to the recipient, and that the 

subsidy is specific.3 Commerce notes 

that, in making these findings, it relied, 

in part, on facts available and, because 

it finds that the sole respondent did not 

act to the best of its ability to respond 

to Commerce’s requests for information, 

it drew an adverse inference where 

appropriate in selecting from among the 

facts otherwise available.4 For a full 

description of the methodology 

underlying all of Commerce’s 

conclusions, including our reliance, in 

part, on facts otherwise available, 

including adverse facts available, 

pursuant to sections 776(a) and (b) of 

the Act, see the Issues and Decision 

Memorandum. 

Final Results of Administrative Review 

As a result of this review, we 

determine that the following net 

countervailable subsidy rate exists for 

the period January 1, 2021, through 

December 31, 2021: 

Company 

Subsidy rate 

(percent 

ad valorem) 

Jindal Poly Films Limited ...... 116.96 

Disclosure 

Normally, Commerce discloses its 

calculations and analysis performed in 

connection with the final results to 

interested parties within five days of its 

public announcement, or if there is no 

public announcement, within five days 

of the date of publication of this notice, 

in accordance with 19 CFR 351.224(b). 

However, because we are applying total 

AFA in the calculation of the benefit for 

Jindal in these final results, and the rate 

is unchanged from the rate assigned in 

the Preliminary Results, there are no 

calculations to disclose. 

Cash Deposit Requirements 

In accordance with section 751(a)(1) 

of the Act, Commerce intends to instruct 

U.S. Customs and Border Protection 

(CBP) to collect cash deposits of 

estimated countervailing duties in the 

amounts shown above for the abovelisted company with regard to 

shipments of subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the date of 

publication of these final results of 

review. For all non-reviewed 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. These cash deposit 

requirements, effective upon the 

publication of these final results, shall 

remain in effect until further notice. 

Assessment Rates 

In accordance with section 

751(a)(2)(C) of the Act and 19 CFR 

351.212(b)(2), Commerce has 

determined, and CBP shall assess, 

countervailing duties on all appropriate 

entries covered by this review. 

Commerce intends to issue assessment 

instructions to CBP no earlier than 35 

days after publication of the final results 

of this review in the Federal Register. 

If a timely summons is filed at 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). 

Administrative Protective Order 

This notice also serves as a final 

reminder to parties subject to an 

administrative protective order (APO) of 

their responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of the return or 

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 

The 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: January 23, 2024. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Use of Facts Otherwise Available and 

Adverse Inferences 

V. Discussion of the Issues 

Comment 1: Whether Jindal Failed To 

Cooperate to the Best of Its Ability 

Comment 2: Whether Commerce Acted 

Arbitrarily in Applying Adverse Facts 

Available (AFA) to Jindal 

Comment 3: Whether the AFA Rate is 

Reasonable 

Comment 4: Whether the Advanced 

Authorization Program (AAP) and Duty 

Drawback (DDB) Schemes are 

Countervailable 

VI. Recommendation 

[FR Doc. 2024–01714 Filed 1–26–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–821–825] 

Phosphate Fertilizers From the 

Russian Federation: Notice of Court 

Decision Not in Harmony With the 

Final Determination of Countervailing 

Duty Investigation; Notice of Amended 

Final Determination and Amended 

Countervailing Duty Order 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On January 19, 2024, the U.S. 

Court of International Trade (CIT) 

issued its final judgment in The Mosaic 

Company v. United States, Consol. 

Court No. 21–00117, sustaining the U.S. 

Department of Commerce’s (Commerce) 

remand redetermination pertaining to 

the countervailing duty (CVD) 

investigation of phosphate fertilizers 

from the Russian Federation (Russia) 

covering the period of investigation, 

January 1, 2019, through December 31, 

2019. Commerce is notifying the public 

that the CIT’s final judgment is not in 

harmony with Commerce’s final 

determination in that investigation, and 

that Commerce is amending the final 

determination and the resulting CVD 

order with respect to the countervailable 

subsidy rates assigned to Industrial 

Group Phosphorite LLC (EuroChem), 

Joint Stock Company Apatit (JSC 

Apatit), and all others. 

DATES: Applicable January 29, 2024. 


ddrumheller on DSK120RN23PROD with NOTICES1
5492 Federal Register / Vol. 89, No. 19 / Monday, January 29, 2024 / Notices 

1See Phosphate Fertilizers from the Russian 

Federation: Final Affirmative Countervailing Duty 

Determination, 86 FR 9479 (February 16, 2021) 

(Final Determination), and accompanying Issues 

and Decision Memorandum. 

2 Id., 86 FR at 9480. 

3See Phosphate Fertilizers from the Kingdom of 

Morocco and the Russian Federation: 

Countervailing Duty Orders, 86 FR 18037 (April 7, 

2021) (Order). 

4The petitioner is The Mosaic Company. 

5See The Mosaic Company, et al v. United States, 

Consol. Court No. 21–00117, Slip Op. 22–103 (CIT 

September 2, 2022) (First Remand Order), at 33–34, 

39, and 41. 

6See Final Results of Redetermination Pursuant 

to Court Remand, The Mosaic Company, Phosagro 

PJSC, JSC Apatit, Industrial Group Phosphorite LLC 

v. United States, The Mosaic Company, Phosagro 

PSJC, JSC Apatit, Industrial Group Phosphorite LLC, 

Consol. Court No. 21–00117 (CIT September 2, 

2022), dated December 16, 2022 (First Remand 

Results), available at https://access.trade.gov/ 

resources/remands/22-103.pdf. 

7 Id. at 33. 

8See The Mosaic Company v. United States, 

Consol. Court No. 21–00117, Slip Op. 23–99 (CIT 

July 11, 2023) (Second Remand Order). 

9See Second Remand Order at 16–20. 

10See Final Results of Redetermination Pursuant 

to Court Remand, The Mosaic Company, Phosagro 

PJSC, JSC Apatit, Industrial Group Phosphorite LLC 

v. United States, The Mosaic Company, Phosagro 

PSJC, JSC Apatit, Industrial Group Phosphorite LLC, 

Consol. Court No. 21–00117 (CIT July 11, 2023), 

dated October 11, 2023 (Second Remand Results), 

available at https://access.trade.gov/resources/ 

remands/23-99.pdf. 

11See, generally, id. 

12 Id. at 31. 

13See The Mosaic Company v. United States, 

Consol. Court No. 21–00117, Slip Op. 24–04 (CIT 

January 19, 2024). 

14See Timken Co. v. United States, 893 F.2d 337 

(Fed. Cir. 1990) (Timken). 

15See Diamond Sawblades Manufacturers 

Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 

2010) (Diamond Sawblades). 

16See First Remand Results at 33. 

17Commerce found the following companies to be 

cross-owned with EuroChem in the Final 

Determination: Mineral and Chemical Company 

EuroChem, JSC; NAK Azot, JSC; EuroChem 

Northwest, JSC; Joint Stock Company Kovdorksy 

GOK; EuroChem-Energo, LLC; EuroChem-Usolsky 

Potash Complex, LLC; EuroChem-BMU, LLC; JSC 

Nevinnomyssky Azot; and EuroChem Trading Rus, 

LLC. See Final Determination, 87 FR at 9480. 

18Commerce found the following companies to be 

cross-owned with JSC Apatit in the Final 

Determination: PhosAgro PJSC; PhosAgro-Belgorod 

LLC; PhosAgro-Don LLC; PhosAgro-Kuban LLC; 

PhosAgro-Kursk LLC; PhosAgro-Lipetsk LLC; 

PhosAgro-Orel LLC; PhosAgro-Stavropol LLC; 

PhosAgro-Volga LLC; PhosAgro-SeveroZapad LLC; 

PhosAgro-Tambov LLC; and Martynovsk 

AgrokhimSnab LLC. See Final Determination, 87 FR 

at 9480. 

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 

On February 16, 2021, Commerce 

published its final determination in the 

CVD investigation of phosphate 

fertilizers from Russia.1 Commerce 

calculated countervailable subsidy rates 

of 47.05 percent for EuroChem, 9.19 

percent for JSC Apatit, and 17.20 

percent for all other producers/exporters 

of phosphate fertilizers in Russia.2

Commerce subsequently published the 

CVD order on phosphate fertilizers from 

Russia.3

JSC Apatit, EuroChem, and the 

petitioner 4 appealed Commerce’s Final 

Determination. On September 2, 2022, 

the CIT remanded the Final 

Determination to Commerce, directing 

Commerce to: (1) adjust the final total 

sales calculation for EuroChem to the 

proper figures and explain the 

calculation; (2) either remove the added 

value-added tax (VAT) and import 

duties from the natural gas benchmark 

price or offer further explanation for 

why, when tier one and tier two 

benchmark prices are rejected, it was 

reasonable to add additional VAT and 

import duties; and (3) either explain 

why Commerce was unable to 

countervail recurring subsidies from 

mining licenses granted by the 

Government of Russia (GOR) prior to 

Russia’s designation as a market 

economy on April 1, 2002, or abandon 

the cut-off date methodology.5

In the First Remand Results, issued in 

December 2022, Commerce adjusted the 

final total sales calculation to the proper 

figures and explained the calculation 

further, removed the added VAT and 

import duties from the natural gas 

benchmark price, and revised the 

subsidy calculation for the Provision of 

Mining Rights for Less Than Adequate 

Remuneration (LTAR) program by 

countervailing recurring subsidies from 

mining licenses granted by the GOR 

prior to Russia’s designation as a market 

economy on April 1, 2002.6

Consequently, Commerce made changes 

to EuroChem’s and JSC Apatit’s final 

subsidy rates from the investigation, as 

well as the all-others rate.7

In its Second Remand Order, issued 

on July 11, 2023, the CIT remanded 

certain aspects of Commerce’s First 

Remand Results for further explanation 

or reconsideration.8 Specifically, the 

CIT directed Commerce to: (1) explain 

why reconciling phosphate rock cost 

information to the financial statements 

of JSC Apatit’s parent company, 

PhosAgro PJSC, was sufficient, or seek 

further information from JSC Apatit; (2) 

explain why it found a submission by 

EuroChem to be supported, and respond 

to the petitioner’s specific objections 

regarding this submission; and (3) 

explain the selection of profit before tax 

in the benefit calculation for the GOR’s 

provision of mining rights.9

On October 11, 2023, Commerce 

issued the Second Remand Results.10 In 

the Second Remand Results, Commerce: 

(1) explained how JSC Apatit reconciled 

its phosphate rock cost information to 

its financial statements in a submission 

filed after the First Remand Results; (2) 

explained how a translated submission 

by EuroChem after the First Remand 

Results supported the cost 

reconciliations that it previously 

provided; and (3) explained why the use 

of profit before tax in the benefit 

calculation for the Provision of Mining 

Rights for LTAR program was 

appropriate.11 Based on this analysis, 

Commerce made no changes to the 

subsidy rates calculated for EuroChem, 

JSC Apatit, and all others in the First 

Remand Results.12 On January 19, 2024, 

the CIT sustained Commerce’s Second 

Remand Results.13

Timken Notice 

In its decision in Timken,14 as 

clarified by Diamond Sawblades,15 the 

Court of Appeals for the Federal Circuit 

held that, pursuant to sections 516A(c) 

and (e) of the Tariff Act of 1930, as 

amended (the Act), Commerce must 

publish a notice of court decision that 

is not ‘‘in harmony’’ with a Commerce 

determination and must suspend 

liquidation of entries pending a 

‘‘conclusive’’ court decision. The CIT’s 

January 19, 2024, judgment constitutes 

a final decision of the CIT that is not in 

harmony with Commerce’s Final 

Determination. Thus, this notice is 

published in fulfillment of the 

publication requirements of Timken. 

Amended Final Determination 

Because there is now a final court 

judgment, Commerce is amending its 

Final Determination with respect to 

EuroChem, JSC Apatit, and all others as 

follows: 

Company 

Subsidy 

rate 16

(percent 

ad valorem) 

EuroChem 17 ......................... 23.77 

JSC Apatit 18 ......................... 14.30 

All Others .............................. 16.30 

Amended CVD Order 

Because there is now a final court 

decision, Commerce is amending its 

Final Determination and Order. As a 

result of this amended final 

determination, Commerce is hereby 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 19 / Monday, January 29, 2024 / Notices 5493 

19See Phosphate Fertilizers from the Russian 

Federation: Final Results of Countervailing Duty 

Administrative Review; 2020–2021, 88 FR 76182 

(November 6, 2023). 

20These cross-owned companies are 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. 

1See Certain Paper Shopping Bags from 

Cambodia, the People’s Republic of China, 

Colombia, India, Malaysia, Portugal, Taiwan, the 

Republic of Turkey, and the Socialist Republic of 

Vietnam: Initiation of Less-Than-Fair-Value 

Investigations, 88 FR 41589 (June 27, 2023). 

2See Certain Paper Shopping Bags from 

Malaysia: Preliminary Affirmative Determination of 

Sales at Less-Than- Fair-Value, 89 FR 333 (January 

3, 2024) (Preliminary Determination). 

3See Hexachase’s Letter, ‘‘Request to Postpone 

the Final Determination in the matter of case no A– 

557–825,’’ dated January 5, 2024; see also 

Nanwang’s Letter, ‘‘Request to Extend Final 

Determination,’’ dated January 5, 2023. 

updating JSC Apatit’s and EuroChem’s 

ad valorem subsidy rates. Additionally, 

because the all-others rate was based on 

JSC Apatit’s and EuroChem’s rates, 

Commerce is also updating the allothers rate. 

Cash Deposit Requirements 

For EuroChem and all others, 

Commerce will issue revised cash 

deposit instructions to U.S. Customs 

and Border Protection (CBP). For JSC 

Apatit, however, the cash deposit rate 

has been superseded by the cash deposit 

rate calculated in the subsequent 

administrative review of the CVD order 

on phosphate fertilizers from Russia.19

Thus, we are not implementing an 

amended cash deposit rate for JSC 

Apatit. This notice will not affect the 

current cash deposit rate for JSC Apatit. 

Liquidation of Suspended Entries 

At this time, Commerce remains 

enjoined by CIT order from liquidating 

entries that were produced and/or 

exported by JSC Apatit and certain 

cross-owned companies 20 that were 

entered, or withdrawn from warehouse, 

during the period November 30, 2020, 

through December 31, 2021. These 

entries will remain enjoined pursuant to 

the terms of the injunction during the 

pendency of any appeals process. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with sections 516A(c) and 

(e) and 777(i)(1) of the Act. 

Dated: January 23, 2024. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

[FR Doc. 2024–01713 Filed 1–26–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–557–825] 

Certain Paper Shopping Bags From 

Malaysia: Postponement of Final 

Determination of Sales at Less Than 

Fair Value Investigation 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) is postponing 

the deadline for issuing the final 

determination in the less-than-fair-value 

(LTFV) investigation of certain paper 

shopping bags (shopping bags) from 

Malaysia until May 17, 2024, and is 

extending the provisional measures 

from a four-month period to a period of 

not more than six months. 

DATES: Applicable January 29, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Alexander, AD/CVD Operations, 

Office VII, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–4313. 

SUPPLEMENTARY INFORMATION: 

Background 

On June 20, 2023, Commerce initiated 

an LTFV investigation of imports of 

paper bags from Malaysia.1 The period 

of investigation is April 1, 2022, through 

March 31, 2023. On January 3, 2024, 

Commerce published its preliminary 

determination in this LTFV 

investigation of paper bags from 

Malaysia.2

Postponement of Final Determination 

and Extension of Provisional Measures 

Section 735(a)(2) of the Tariff Act of 

1930, as amended (the Act), and 19 CFR 

351.210(b)(2) provide that a final 

determination may be postponed until 

not later than 135 days after the date of 

the publication of the preliminary 

determination if, in the event of an 

affirmative preliminary determination, a 

request for such postponement is made 

by the exporters or producers who 

account for a significant proportion of 

exports of the subject merchandise, or in 

the event of a negative preliminary 

determination, a request for such 

postponement is made by the 

petitioners. Further, 19 CFR 

351.210(e)(2) requires that such 

postponement requests by exporters be 

accompanied by a request for extension 

of provisional measures from a fourmonth period to a period not more than 

six months, in accordance with section 

733(d) of the Act. 

On January 5, 2024, Nanwang Pack 

(M) Sdn. Bhd. (Nanwang) and 

Hexachase Packaging Sdn Bhd, 

Malaysia (Hexachase), mandatory 

respondents in this investigation, 

requested that Commerce postpone the 

deadline for final determination until no 

later than 135 days from the publication 

of the Preliminary Determination, and 

extend the application of the 

provisional measures from a four-month 

period to a period of not more than six 

months.3 In accordance with section 

735(a)(2)(A) of the Act and 19 CFR 

351.210(b)(2)(ii), because: (1) the 

preliminary determination was 

affirmative; (2) the request for 

postponement was made by the 

exporters and producers who accounts 

for a significant proportion of exports of 

the subject merchandise; and (3) no 

compelling reasons for denial exist, 

Commerce is postponing the final 

determination until no later than 135 

days after the date of publication of the 

Preliminary Determination, and 

extending the provisional measures 

from a four-month period to a period of 

not more than six months. Accordingly, 

Commerce will issue its final 

determination no later than May 17, 

2024. 

This notice is issued and published 

pursuant to section 735(a)(2) of the Act 

and 19 CFR 351.210(g). 

Dated: January 19, 2024. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

[FR Doc. 2024–01702 Filed 1–26–24; 8:45 am] 

BILLING CODE 3510–DS–P 


ddrumheller on DSK120RN23PROD with NOTICES1