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Federal Register / Vol. 86, No. 29 / Tuesday, February 16, 2021 / Notices
the events that followed the Preliminary Determination, see the Issues and Decision Memorandum.3 The Issues and Decision Memorandum is a public document and is made available to the public via Enforcement and Compliances 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 Russia. 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.

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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, Duty Investigation of Phosphate Fertilizers from the Russian Federation, dated December 21, 2020
Post-Preliminary Analysis.
3 See Memorandum, Issues and Decision Memorandum for the Final Affirmative Determination of the Countervailing Duty Investigation of Phosphate Fertilizers from the Russian Federation, dated concurrently with, and hereby adopted by, this notice Issues and Decision Memorandum.

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and that the subsidy is specific.4 For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum.
In making this final determination, Commerce relied, in part, on facts available pursuant to section 776a of the Act. Additionally, as discussed in the Issues and Decision Memorandum, because one or more respondents did not act to the best of their ability in responding to our requests for information, we drew adverse inferences, where appropriate, in selecting from among the facts otherwise available, pursuant to section 776b of the Act. For further information, see the section Use of Facts Otherwise Available and Adverse Inferences in the accompanying 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 the information relied upon in making this final determination, in accordance with section 782i of the Act.5
Changes Since the Preliminary Determination Based on our review and analysis of the comments received from parties, we made certain changes to Industrial Group Phosphorite LLC Phosphorite and Joint Stock Company Apatit JSC
Apatits 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:
4 See sections 7715B and D of the Act regarding financial contribution; section 7715E
of the Act regarding benefit; and section 7715A of the Act regarding specificity.
5 See Commerces Letters, Countervailing Duty Investigation of Phosphate Fertilizers from the Russian Federation: Supplemental Questionnaire in Lieu of On-Site Verification, dated December 18, 2020; see also EuroChem Groups Letter, Phosphate Fertilizers from Russia, dated December 28, 2020; and PhosAgro PJSCs Letter, Countervailing Duty Investigation of Phosphate Fertilizers from Russia: PhosAgro PJSC In Lieu-of Verification Questionnaire Response, dated December 29, 2020.
6 Commerce has found the following companies to be cross-owned with Phosphorite: 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.
7 Commerce has found the following companies to be cross-owned with JSC Apatit: PhosAgro PJSC;

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Company Industrial Group Phosphorite LLC 6
Joint Stock Company Apatit 7
All Others

Subsidy rate ad valorem percent 47.05
9.19
17.20

All-Others Rate We continue to calculate the allothers rate using a weighted average of the individual estimated subsidy rates calculated for the examined respondents using each companys publicly-ranged data for the value of their exports to the United States of subject merchandise, in accordance with section 705c5Ai of the Act.8
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 351.224b.
Continuation of Suspension of 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 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.
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 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.
8 For discussion of the calculation of this rate, see Memorandum, Countervailing Duty Investigation of Phosphate Fertilizers from the Russian Federation: Final Determination Calculation of the All-Others Rate, dated February 8, 2021.

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