The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:

The International Trade Commission published notices in the Dec. 22 Federal Register on the following AD/CV injury, Section 337 patent or other trade proceedings (any notices that warrant a more detailed summary will be in another ITT article):

An extension of the scheduling order isn't needed in a countervailing duty case, brought by The Mosaic Company, after the Court of International Trade granted a litigant's motion to amend its complaint to add a new claim, the litigants told the court in a Dec. 17 letter. Consolidated plaintiff Industrial Group Phosphorite sought to amend its complaint in the action to add a single count challenging the Commerce Department's de facto specificity determination over the alleged natural gas subsidy program. In a Nov. 19 order, Judge Jane Restani granted the amendment despite opposition from other litigants (The Mosaic Company, et al. v. United States, CIT #21-00117). The overarching case concerns Commerce's final results in the countervailing duty investigation of phosphate fertilizers from Russia. In the letter to Restani, though, Mosaic said that it conferred with the other parties, and they all agreed that no further amendment to the briefing schedule is necessary. "In light of that argument’s short length, and considering February 2022 deadlines Mosaic faces in other cases before the Court that would necessitate substantial extensions of the deadlines in this case if extensions were to be of any practical value, Mosaic believes amendment of the scheduling order is not warranted at this time," the letter said.

A listing of recent Commerce Department antidumping and countervailing duty messages posted to CBP's website Dec. 17, along with the case number(s) and CBP message number, is provided below. The messages are available by searching for the listed CBP message number at CBP's ADD CVD Search page.

Sri Lanka recently announced plans to partially lift an import ban on agrochemical products, including fertilizers and pesticides, the Hong Kong Trade Development Council reported Dec. 6. The restrictions, introduced in May, will no longer apply to chemical fertilizers, pesticides and weedicides but will still apply to chemical fertilizers for paddy cultivation, HKTDC said.

Trade Law Daily is providing readers with some recent top stories. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.

The Court of International Trade permitted a group of U.S. agricultural trade associations to file an amicus brief in a case over the International Trade Commission's injury determination in an investigation into phosphate fertilizers from Morocco and Russia. After facing pushback from the U.S. and the petitioners, J.R. Simplot Company and The Mosaic Company, Judge Stephen Vaden said the amici "represent the actual users of that fertilizer, the farmers, i.e., those who ultimately pay the price of the tariffs imposed" (OCP S.A., et al. v. United States, CIT Consol. #21-00219)

Gerassimos Thomas, director-general for taxation and customs union at the European Commission, said American observers of the carbon border adjustment mechanism are wrong to focus on the lack of a U.S. cap and trade or carbon tax when thinking about how the CBAM will affect U.S. exporters. The main threshold exports to the Euopean Union have to reach is if the goods are made with the same amount or less carbon intensity than EU-produced goods, he said during an online program at the Center for Strategic and International Studies, The CBAM will only apply to steel, aluminum, cement, fertilizer and electricity, not to finished products made with these goods.

China adjusted its catalog of import and export commodities that must be inspected, its General Administration of Customs said in an Oct. 11 announcement, according to an unofficial translation. China added the 29 10-digit customs commodity codes relating to the export of chemical fertilizers, which include such goods as urea, ammonium chloride for fertilizer and ammonium nitrate.

Moroccan exporter OCP S.A. was granted an indefinite injunction against the liquidation of its phosphate fertilizers, in an Oct. 4 order from the Court of International Trade. After scrapping with the Department of Justice over the end date of the injunction, OCP eventually won out after proving that it was likely to suffer irreparable harm stemming from the automatic liquidation of the entries that could occur starting at the top of next year.