[Federal Register Volume 89, Number 218 (Tuesday, November 12, 2024)]
[Notices]
[Pages 88952-88953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26178]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-714-001]


Phosphate Fertilizers From the Kingdom of Morocco: Final Results 
of Countervailing Duty Administrative Review; 2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that OCP 
S.A. (OCP), a producer/exporter of phosphate fertilizers from the 
Kingdom of Morocco (Morocco), received countervailable subsidies during 
the period of review (POR), January 1, 2022, through December 31, 2022.

DATES: Applicable November 12, 2024.

FOR FURTHER INFORMATION CONTACT: Jaron Moore 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) 482-3640 or (202) 
482-1537, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published the preliminary results of this administrative 
review on May 2, 2024.\1\ On July 22, 2024, Commerce tolled certain 
deadlines in this administrative proceeding by seven days.\2\ On August 
1, 2024, Commerce extended the deadline for the final results of this 
review to no later than November 5, 2024.\3\
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    \1\ See Phosphate Fertilizers from the Kingdom of Morocco: 
Preliminary Results of the Countervailing Duty Administrative 
Review, 2022, 89 FR 35800 (May 2, 2024) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \3\ See Memorandum, ``Extension of Deadline for the Final 
Results of Countervailing Duty Administrative Review,'' dated August 
1, 2024.
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    For a summary of the events that occurred since the Preliminary 
Results, 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 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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    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Countervailing Duty Administrative Review of 
Phosphate Fertilizers from the Kingdom of Morocco; 2022,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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    We conducted this review in accordance with section 751 of the 
Tariff Act of 1930, as amended (the Act).

Scope of the Order

    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

    The issues raised by parties in this administrative review are 
addressed in the Issues and Decision Memorandum. A list of the issues 
addressed in the Issues and Decision Memorandum is provided in the 
appendix to this notice.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding the Preliminary Results, we made certain 
revisions to

[[Page 88953]]

the subsidy calculations for OCP. 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 OCP. Commerce 
determines that, during the POR, the net countervailable subsidy rate 
for the company under review is as follows:
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    \5\ 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 OCP Nutricrops S.A.

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                                                Subsidy rate (percent ad
                    Company                             valorem)
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OCP S.A. \5\..................................                    16.81
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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 OCP 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 (APO)

    This notice also serves as a final reminder to parties subject to 
an 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: November 5, 2024.
Abdelali Elouaradia,
Deputy 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. Subsidies Valuation
V. Analysis of Programs
VI. Discussion of the Issues
    Comment 1: Whether Commerce Can Seek Information Regarding 
Previously Investigated Programs That Commerce Found Conferred No 
Benefit and ``Other Assistance'' Provided by the GOM
    Comment 2A: Whether Commerce Should Revise the Phosphate Rock 
Benchmark for the Provision of Phosphate Mining Rights for Less Than 
Adequate Remuneration (LTAR) Program
    Comment 2B: Whether Commerce Should Include Headquarters (HQ), 
Support, and Debt Costs in the Costs of Producing Phosphate Rock for 
the Benchmark for the Provision of Phosphate Mining Rights for LTAR 
Program
    Comment 2C: Whether Commerce Should Revise the Methodology for 
the Calculation of OCP's Profit Rate Used in its Valuation of OCP's 
Phosphate Rock
    Comment 3A: Whether Certain of OCP's Land Purchases Provided a 
Financial Contribution from the GOM
    Comment 3B: Whether the Provision of Land for LTAR is Specific
    Comment 3C: Whether Commerce Should Include Certain Land 
Transactions in the Benchmark Calculation for the Provision of Land 
for LTAR
    Comment 3D: Whether Commerce Should Include OCP's Land 
Transactions Subject to Ongoing Judicial Proceedings in the Benefit 
Calculation for the Provision of Land for LTAR
    Comment 3E: Whether Commerce Should Correct Arithmetical Errors 
in the Provision of Land for LTAR Calculation of Benefit
    Comment 4: Whether Commerce Should Include Transactions from 
Countries with Free Trade Agreements (FTAs) with Morocco in OCP's 
Benefit Calculation for the Customs Duty Exemptions for Capital 
Goods, Machinery, and Equipment Program
    Comment 5: Whether the Provision of Port Services and 
Infrastructure for LTAR Program Provided a Countervailable Benefit 
to OCP During the POR
    Comment 6: Whether Marsa Maroc's Provision of Port and Vessel 
Services is Consistent with Market Principles
    Comment 7: Whether Commerce Should Make Certain Changes to its 
Cash Deposit Instructions
VII. Recommendation

[FR Doc. 2024-26178 Filed 11-8-24; 8:45 am]
BILLING CODE 3510-DS-P