CIT Grants Indefinite Injunction Against Liquidation of OCP's Phosphate Fertilizers
The Court of International Trade granted an indefinite injunction against the liquidation of Moroccan exporter OCP S.A.'s phosphate fertilizers in an Oct. 4 order. The key issue before the court over the injunction was its length. The U.S., while agreeing…
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to the injunction in principle, thought the injunction should only run to the end of the first administrative review of the countervailing duty order on the fertilizers -- a review that had yet to commence. OCP pushed for an indefinite injunction against liquidation. The court sided with OCP, finding that the exporter has sufficiently showed that it will suffer irreparable harm if the court enters an injunction that doesn't extend to entries affected by this litigation and occurring after the end of the 2021 calendar year -- the date at which automatic liquidation would begin.