Phosphate Fertilizers: Details of CV Duty Orders on Morocco, Russia
The Commerce Department on April 6 released its countervailing duty orders on phosphate fertilizers from Morocco and Russia (C-714-001, C-821-825). The orders set permanent countervailing duties, which will remain in place unless revoked by Commerce in a sunset or changed circumstances review. Commerce will now begin conducting annual administrative reviews, if requested, to determine final assessments of CV duties on importers and make changes to cash deposit rates.
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
The orders detail a six-day “gap period” of no CV duty liability for subject merchandise entered March 30, 2021, through April 4, 2021. Commerce may only suspend liquidation for four months after its preliminary CV duty determinations, issued Nov. 30, 2020, without the ITC having found injury. Commerce will order CBP to liquidate, without regard to CV duties, any entries during this gap period.
CV Suspension of Liq Instructions
Suspension of liquidation resumes for all entries of subject merchandise entered on or after April 5, the publication date of the final ITC affirmative injury determination.
CV Cash Deposit Instructions
A CV cash deposit requirement is also in effect for subject merchandise from Morocco and Russia entered on or after April 5, equal to the rates listed below:
Morocco
| Producer/Exporter | CV Rate |
|---|---|
| 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 | 19.97% |
| All Others | 19.97% |
Russia
| Producer/Exporter | CV Rate |
|---|---|
| Industrial Group Phosphorite LLC; Mineral and Chemical Company EuroChem, JSC; NAK Azot, JSC; EuroChem Northwest, JSC; Joint Stock Company Kovdorsky GOK; EuroChem-Energo, LLC; EuroChem-Usolsky Potash Complex, LLC; EuroChem-BMU, LLC; JSC Nevinnomyssky Azot; and EuroChem Trading Rus, LLC | 47.05% |
| Joint Stock Company Apatit; PhosAgro PJSC; PhosAgro-Belgorod LLC; PhosAgro-Don LLC; PhosAgro-Kuban LLC; PhosAgro-Kursk LLC; PhosAgro-Lipetsk LLC; PhosAgro-Orel LLC; PhosAgro-Stavrolpol LLC; PhosAgro-Volga LLC; PhosAgro-SeveroZapad LLC; PhosAgro-Tamboy LLC; and Martynovsk AgrokhimSnab LLC | 9.19% |
| All Others | 17.2% |
(See the notice for additional details, including the full scope description, etc. See 2102120028 for a summary of the final CV duty determination.)