Federal Register - February 16, 2021

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Source: Federal Register

Federal Register / Vol. 86, No. 29 / Tuesday, February 16, 2021 / Notices the information relied upon in making this final determination, in accordance with section 782i 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
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 706a 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.

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ITC Notification In accordance with section 705d of OCP S.A.6
19.97
All Others
19.97 the Act, Commerce will notify the ITC
of its final affirmative determination that countervailable subsidies are being All-Others Rate provided to producers and exporters of We continue to calculate the allphosphate fertilizers from Morocco. As others rate using the estimated Commerces final determination is weighted-average subsidy rate affirmative, in accordance with section calculated for OCP S.A., the only 705b of the Act, the ITC will individually examined exporter/
determine, within 45 days, whether the producer in this investigation, pursuant domestic industry in the United States to section 705c5Ai of the Act.
is materially injured or threatened with material injury. In addition, we are Disclosure making available to the ITC all nonCommerce intends to disclose to privileged and nonproprietary interested parties the calculations and information related to this investigation.
analysis performed in this final We will allow the ITC access to all determination within five days of any privileged and business proprietary public announcement or, if there is no information in our files, provided the public announcement, within five days ITC confirms that it will not disclose of the date of the publication of this such information, either publicly or notice in the Federal Register, in under an administrative protective order accordance with 19 CFR 351.224b.
APO, without the written consent of the Assistant Secretary for Enforcement Continuation of Suspension of and Compliance.
Liquidation As a result of our Preliminary Determination, and pursuant to sections 703d1B and d2 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, 6 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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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 351.305a3. 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 705d and 777i of the Act, and 19 CFR
351.210c.

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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 NH42HPO4; normal superphosphate NSP, also known as ordinary superphosphate or single superphosphate, chemical formula CaH2PO42CaSO4; concentrated superphosphate, also known as double, treble, or triple superphosphate TSP, chemical formula CaH2PO42H2O; 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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Federal Register - February 16, 2021

TitreFederal Register

PaysÉtats-Unis

Date16/02/2021

Page count411

Edition count7799

Première édition14/03/1936

Dernière édition22/06/2026

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