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Federal Register / Vol. 86, No. 29 / Tuesday, February 16, 2021 / Notices of the suspension of liquidation will be refunded or canceled.
ITC Notification In accordance with section 705d of the Act, Commerce will notify the ITC
of its final affirmative determination that countervailable subsidies are being provided to producers and exporters of phosphate fertilizers from Russia. As Commerces final determination is affirmative, in accordance with section 705b of the Act, the ITC will determine, within 45 days, whether the domestic industry in the United States is materially injured or threatened with material injury. In addition, we are making available to the ITC all nonprivileged and nonproprietary information related to this investigation.
We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order APO, without the written consent of the Assistant Secretary for Enforcement and Compliance.
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.
Dated: February 8, 2021.
Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance.

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Appendix IScope 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
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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:
1 ABC dry chemical powder preparations for fire extinguishers containing MAP or DAP
in powdered form;
2 industrial or technical grade MAP in white crystalline form with available P2O5
content of at least 60% by actual weight;
3 industrial or technical grade diammonium phosphate in white crystalline form with available P2O5 content of at least 50% by actual weight;
4 liquid ammonium polyphosphate fertilizers;
5 dicalcium phosphate, chemical formula CaHPO4;
6 monocalcium phosphate, chemical formula CaH4P2O8;
7 trisodium phosphate, chemical formula Na3PO4;
8 sodium tripolyphosphate, chemical formula Na5P3O10;

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9 prepared baking powders containing sodium bicarbonate and any form of phosphate;
10 animal or vegetable fertilizers not containing phosphate fertilizers otherwise covered by the scope of this investigation;
11 phosphoric acid, chemical formula H3PO4.
The Chemical Abstracts Service CAS
numbers for covered phosphate fertilizers include, but are not limited to: 7722761
MAP; 7783280 DAP; and 65996954
TSP. The covered products may also be identified by Nitrogen-PhosphatePotash composition, including but not limited to: NP
11520 MAP; NP 18460 DAP; and NP
0460 TSP.
The covered merchandise is currently classified in the Harmonized Tariff Schedule of the United States HTSUS at subheadings 3103.11.0000; 3103.19.0000; 3105.20.0000;
3105.30.0000; 3105.40.0010; 3105.40.0050;
3105.51.0000; and 3105.59.0000. Phosphate fertilizers subject to this investigation may also enter under subheadings 3103.90.0010, 3105.10.0000, 3105.60.0000, 3105.90.0010, and 3105.90.0050. Although the HTSUS
subheadings and CAS registry numbers are provided for convenience and customs purposes, the written description of the scope is dispositive.

Appendix IIList of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Use of Facts Otherwise Available and Adverse Inferences IV. Subsidies Valuation V. Benchmarks and Interest Rates VI. Analysis of Programs VII. Analysis of Comments Comment 1: Whether Commerces Rejection of PhosAgros Extension Request to Submit Case and Rebuttal Briefs Was Unreasonable Comment 2: Whether the Mining Rights for Less than Adequate Remuneration LTAR Program Is Countervailable Comment 2a: Whether the Mining Rights for LTAR Program Constitutes a Financial Contribution Comment 2b: Whether the Mining Rights for LTAR Program Is Specific Comment 2c: Whether the Mining Rights for LTAR Program Confers a Benefit Comment 2d: Whether Mining Rights Provided Prior to the Non-Market Economy Cut-off Date Should Be Included in the Mining Rights for LTAR
Calculation Comment 2e: Whether Commerce Should Include Freight, Value Added Taxes VAT, and Import Duties in the Mining Rights Benchmark Comment 2f: Whether the Calculation Methodology of the Mining Rights for LTAR Program Was Appropriate Comment 3: Whether the Natural Gas for LTAR Program Is Countervailable Comment 3a: Whether PJSC Gazprom Gazprom Is a Government Authority that Provides a Financial Contribution Comment 3b: Whether Oil Company Rosneft, Public Joint Stock Company
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