Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Phosphate Fertilizers from the Russian Federation

Phosphate Fertilizers From the Russian Federation: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order

DATES:

Applicable June 30, 2026.

SUPPLEMENTARY INFORMATION:

Background

On April 7, 2021, Commerce published the CVD order on phosphate fertilizers from Russia. ⁽¹⁾ On March 2, 2026, Commerce published the notice of initiation of the first sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.218(c). ⁽²⁾

On March 17, 2026, Commerce received a notice of intent to participate in this sunset review from Mosaic Company (Mosaic) and J. R. Simplot Company, LLC (Simplot) (collectively, the domestic interested parties), within the deadline specified in 19 CFR 351.218(d)(1)(i). ⁽³⁾ The domestic interested parties claim interested party status within the meaning of section 771(9)(C) of the Act and 19 CFR 351.102(b)(29)(v) as producers of the domestic like product. ⁽⁴⁾

On April 1, 2026, Commerce received an adequate substantive response from the domestic interested parties, within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). ⁽⁵⁾ Commerce did not receive a substantive response from either the Government of Russia or a respondent interested party to this proceeding. On April 29, 2026, Commerce notified the U.S. International Trade Commission (ITC) that it did not receive an adequate substantive response from any respondent interested parties. ⁽⁶⁾ As a result, Commerce conducted an expedited (120-day) sunset review of the Order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B)(2) and (C)(2).

Scope of the Order

The product covered by this Order is phosphate fertilizers from Russia. For a full description of the scope of the Order, see the Issues and Decisions Memorandum. ⁽⁷⁾

Analysis of Comments Received

A complete discussion of all issues raised in this sunset review, including the likelihood of continuation or recurrence of subsidization and the countervailable subsidy rates likely to prevail if the Order were to be revoked, is contained in the Issues and Decision Memorandum. ⁽⁸⁾ A list of the topics discussed in the Issues and Decision Memorandum is attached as an appendix to this notice. 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), which is available to registered users at https://access.trade.gov. In addition, complete versions of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/frnotices.

Final Results of Sunset Review

Pursuant to sections 751(c) and 752(b) of the Act, Commerce determines that revocation of the Order would be likely to lead to continuation or recurrence of countervailable subsidies at the following net countervailable subsidy rates:

Notification Regarding Administrative Protective Order (APO)

This notice also serves as the only 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. Timely notification of the return or destruction of APO materials, or conversion to judicial protective, orders 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

We are issuing and publishing these final results in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act, and 19 CFR 351.221(c)(5)(ii).

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary

II. Background

III. Scope of the Order

IV. History of the Order

V. Legal Framework

VI. Discussion of the Issues

1. Likelihood of Continuation or Recurrence of a Countervailable Subsidy

2. Net Countervailable Subsidy Rates Likely to Prevail

3. Nature of the Subsidies

VII. Final Results of Sunset Review

VIII. Recommendation

⁽¹⁾ See Phosphate Fertilizers from the Kingdom of Morocco and the Russian Federation: Countervailing Duty Orders, 86 FR 18037 (April 7, 2021) ( Order ), as amended in Phosphate Fertilizers from the Russian Federation: Notice of Court Decision Not in Harmony With the Final Determination of Countervailing Duty Investigation; Notice of Amended Final Determination and Amended countervailing Duty Order, 89 FR 5491 (January 29, 2024).

⁽²⁾ See Initiation of Five-Year (Sunset) Reviews, 91 FR 10053 (March 2, 2026).

⁽³⁾ See Mosaic's Letter, "Phosphate Fertilizers from the Russian Federation: Petitioner's Notice of Intent to Participate in Sunset Review," dated March 17, 2026 (Mosaic's Notice of Intent); and Simplot's Letter, "Five-Year ("Sunset") Review Of Countervailing Duty Order On Phosphate Fertilizers from Russia: Notice Of Intent To Participate In Sunset Review," dated March 17, 2026 (Simplot's Notice of Intent).

⁽⁴⁾ See Mosaic's Notice of Intent at 2; and Simplot's Notice of Intent at 2.

⁽⁵⁾ See Mosaic's Letter, "Phosphate Fertilizers From the Russian Federation: Substantive Response to the Notice of Initiation," dated April 1, 2026; and Simplot's Letter, "First Five-Year ("Sunset") Review Of The Countervailing Duty Order On Phosphate Fertilizers from the Russian Federation: Simplot's Substantive Response," dated April 1, 2026.

⁽⁶⁾ See Commerce's Letter, "Sunset Reviews Initiated March 2, 2026," dated April 29, 2026.

⁽⁷⁾ See Memorandum, "Issues and Decision Memorandum for the Final Results of the Expedited Sunset Review of the Countervailing Duty Order on Phosphate Fertilizers from the Russian Federation," dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).

⁽⁸⁾ Id.