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Phosphate Fertilizers from the Russian Federation

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Phosphate Fertilizers from the Russian Federation C-821-825 Investigation Public Document E&C/OVIII: GA/WH November 23, 2020 MEMORANDUM TO: Joseph A. Laroski Jr. Deputy Assistant Secretary for Policy and Negotiations FROM: James Maeder Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations SUBJECT: Decision Memorandum for the Affirmative Preliminary Determination of the Countervailing Duty Investigation of Phosphate Fertilizers from the Russian Federation I. SUMMARY The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of phosphate fertilizers from the Russian Federation (Russia), as provided in section 703 of the Tariff Act of 1930, as amended (the Act). II. BACKGROUND A. Case History On June 26, 2020, Commerce received a countervailing duty (CVD) petition concerning imports of phosphate fertilizers from Russia, filed in proper form on behalf of the Mosaic Company (the petitioner).1 We describe the supplements to the Petition and our consultations with the Government of Russia (GOR) in the Initiation Checklist.2 On July 23, 2020, we published the initiation of a CVD investigation on phosphate fertilizers from Russia.3 On July 2, 2020, we released U.S. Customs and Border Protection (CBP) entry data under the Administrative Protective Order (APO), and requested comments regarding the data and 1 See Petitioner’s Letter, “Petitions for the Imposition of Countervailing Duties: Phosphate Fertilizers from Morocco and Russia,” dated June 26, 2020 (Petition). 2 See Initiation Checklist: Phosphate Fertilizers from the Russian Federation (Russia), dated July 16, 2020 (Initiation Checklist). 3 See Phosphate Fertilizers from the Kingdom of Morocco and the Russian Federation: Initiation of Countervailing Duty Investigations, 85 FR 44505 (July 23, 2020) (Initiation Notice). respondent selection.4 We stated in the Initiation Notice that we intended to base our selection of mandatory respondents on CBP entry data for the Harmonized Tariff Schedule of the United States (HTSUS) subheadings listed in the scope of the investigation. On July 28, 2020, the petitioner filed comments on respondent selection.5 No other interested party submitted comments regarding respondent selection. On August 4, 2020, we selected Industrial Group Phosphorite LLC (Phosphorite) (part of EuroChem Group) and PhosAgro-Cherepovets6 (part of PhosAgro PJSC) as the mandatory respondents in this investigation.7 On August 4, 2020, we issued a CVD questionnaire to the GOR, and requested that the GOR forward the questionnaire to the selected mandatory respondents.8 On August 18, 2020, we received an affiliation response from EuroChem Group and PhosAgro PJSC.9 On September 24, 2020, the GOR, EuroChem Group, and PhosAgro PJSC filed their respective responses to the countervailing duty questionnaire.10 Between August 28, 2020 and November 3, 2020, we issued supplemental questionnaires to the GOR, EuroChem Group, and PhosAgro PJSC, and the responses to these supplemental questionnaires were timely received between October 21, 2020 and November 12, 2020.11 On 4 See Memorandum, “Countervailing Duty Petition on Phosphate Fertilizers from Russia: Release of Customs Data from U.S. Customs and Border Protection,” dated July 2, 2020. 5 See Petitioner’s Letter, “Phosphate Fertilizers from Russia (C-821-825): Comments on U.S. Customs and Border Protection Data and Mandatory Respondent Selection,” dated July 28, 2020. 6 In the Respondent Selection Memo, we selected PhosAgro-Cherepovets as a mandatory respondent. See Memorandum, “Countervailing Duty Investigation of Phosphate Fertilizers from Russia: Respondent Selection,” dated August 4, 2020 (Respondent Selection Memo). However, PhosAgro PJSC reported that the company’s legal name is in fact Joint Stock Company Apatit (JSC Apatit). As such, we treated JSC Apatit as the mandatory respondent in this investigation. See PhosAgro PJSC’s Letter, “Countervailing Duty Investigation of Phosphate Fertilizers from Russia: PhosAgro PJSC Affiliate Questionnaire Response,” dated August 18, 2020 (PhosAgro Affiliation Response) at 5. 7 See Respondent Selection Memo. 8 See Commerce’s Letter, “Countervailing Duty Investigation of Phosphate Fertilizers from the Russian Federation: Countervailing Duty Questionnaire,” dated August 4, 2020 (Initial Questionnaire). 9 See EuroChem Group’s Letter, “Phosphate Fertilizers from Russian Federation,” dated August 18, 2020 (EuroChem Affiliation Response), and PhosAgro Affiliation Response. 10 See the GOR’s Letter, “Phosphate Fertilizers from the Russian Federation: Questionnaire Response of the Ministry of Economic Development of the Russian Federation,” dated September 24, 2020 (GOR Questionnaire Response); EuroChem Group’s Letter, “Phosphate Fertilizers from Russian Federation,” dated September 24, 2020 (EuroChem Questionnaire Response); and PhosAgro PJSC’s Letter, “Countervailing Duty Investigation of Phosphate Fertilizers from Russia,” dated September 24, 2020 (PhosAgro Questionnaire Response). 11 See the GOR’s Letters, “Phosphate Fertilizers from the Russian Federation: First Supplemental Questionnaire Response,” dated October 28, 2020 (GOR Supplemental Response), and “Phosphate Fertilizers from the Russian Federation: Second Supplemental Questionnaire Response,” dated November 12, 2020 (GOR 2nd Supplemental Response); EuroChem Group’s Letters, “Phosphate Fertilizers from Russian Federation,” dated August 28, 2020 (EuroChem Affiliation Supplemental Response), “Phosphate Fertilizers from the Russian Federation,” dated October 23, 2020 (EuroChem Supplemental Response), and “Russia Phosphate Fertilizers,” dated November 9, 2020 (EuroChem 2nd Supplemental Response); and PhosAgro PJSC’s Letters, “Countervailing Duty Investigation of Phosphate Fertilizers from Russia: PhosAgro PJSC Supplemental Affiliate Questionnaire Response,” dated August 28, 2020 (PhosAgro Affiliation Supplemental Response), “Countervailing Duty Investigation of Phosphate Fertilizers from Russia: PhosAgro PJSC Second Supplemental Affiliate Questionnaire Response,” dated September 9, 2020 (PhosAgro 2nd Affiliation Supplemental Response), “Countervailing Duty Investigation of Phosphate Fertilizers from Russia: PhosAgro PJSC Section III Supplemental Questionnaire,” dated October 21, 2020 2 November 2, 2020, we received benchmark data submissions from the petitioner, EuroChem Group, and PhosAgro PJSC.12 On November 13, 2020, the petitioner submitted pre-preliminary comments.13 B. Postponement of Preliminary Determination On August 20, 2020, the petitioner requested that Commerce postpone the deadline for the preliminary determination.14 Commerce granted the petitioner’s request and, on September 2, 2020, published the notification of postponement of the preliminary determination, until November 23, 2020, in the Federal Register, in accordance with section 703(c)(1)(A) of the Act and 19 CFR 351.205(b)(2).15 C. Period of Investigation The period of investigation (POI) is January 1, 2019, through December 31, 2019. III. INJURY TEST Because Russia is a “Subsidies Agreement Country” within the meaning of section 701(b) of the Act, the International Trade Commission (ITC) is required to determine whether imports of the subject merchandise from Russia materially injure, or threaten material injury to, a U.S. industry. On August 7, 2020, the ITC preliminarily determined that there is a reasonable indication that an industry in the United States is materially injured by reason of imports of phosphate fertilizers from Russia.16 (PhosAgro Supplemental Response), and “Countervailing Duty Investigation of Phosphate Fertilizers from Russia: PhosAgro PJSC Second Supplemental Section III Questionnaire Response,” dated November 6, 2020 (PhosAgro 2nd Supplemental Response). 12 See Petitioner’s Letter, “Phosphate Fertilizers from Russia: Petitioner’s Submission of Factual Information to Measure the Adequacy of Remuneration,” dated November 2, 2020 (Petitioner Benchmark Submission); and EuroChem Group and PhosAgro PJSC’s Letter, “Countervailing Duty Investigation of Phosphate Fertilizers from Russia: PhosAgro PJSC and Eurochem North America Corp. Benchmark Data Letter,” dated November 2, 2020 (Respondents Benchmark Submission). 13 See Petitioner’s Letter, “Phosphate Fertilizers from Russia: Pre-Preliminary Comments,” dated November 13, 2020. 14 See Petitioner’s Letter, “Phosphate Fertilizers from Russia: Petitioner’s Request for Postponement of the Preliminary Determination,” dated August 20, 2020. 15 See Phosphate Fertilizers from the Kingdom of Morocco and the Russian Federation: Postponement of Preliminary Determinations in the Countervailing Duty Investigations, 85 FR 54535 (September 2, 2020). 16 See Phosphate Fertilizers from Morocco and Russia, Investigation Nos. 701–TA–650-651(Preliminary), Publication 5105, August 2020; see also Phosphate Fertilizers from Morocco and Russia, 85 FR 49394 (August 13, 2020). 3 IV. SUBSIDIES VALUATION A. Allocation Period Commerce normally allocates the benefits from non-recurring subsidies over the average useful life (AUL) of renewable physical assets used in the production of subject merchandise.17 Commerce finds the AUL in this proceeding to be 10 years, pursuant to 19 CFR 351.524(d)(2) and the U.S. Internal Revenue Service’s 1977 Class Life Asset Depreciation Range System.18 Commerce notified the respondents of the AUL in the initial questionnaire and requested data accordingly. No party in this proceeding disputed this allocation period. Consistent with past practice,
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