A listing of recent Commerce Department antidumping and countervailing duty messages posted on CBP's website June 6, 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 ADCVD Search page.
Three motions for judgment were filed at the Court of International Trade June 5 challenging the Commerce Department's 2020-21 review of the countervailing duty order on phosphate fertilizers from Russia (Archer Daniels Midland Company v. U.S., CIT # 23-00239).
An EPA proposed rule under the Toxic Substances Control Act (TSCA) would restrict the use and handling of the solvent n-methylpyrrolidone (NMP), which is used in the manufacturing and production of electronics, polymers, agricultural chemicals and petrochemical products, the agency said in a June 5 news release.
On remand, the International Trade Commission failed to comply with the court's order and cherry-picked evidence to maintain its previous ruling that fertilizer imports had injured local producers, a Moroccan phosphate fertilizer exporter said May 30 to the Court of International Trade (OCP v. U.S., CIT Consol. # 21-00219).
The International Trade Commission did not properly investigate the actual feasibility or frequency of reshipping excess phosphate fertilizer during a year in which fertilizer supply chains were rocked by unusual events, foreign exporters and domestic importers told the Court of International Trade May 8 in comments opposing a continued affirmative injury finding by the ITC after a remand (OCP v. U.S., CIT Consol. # 21-00219).
Even if the public can deduce some trends or information about a company's confidential product information from publicly available sources, that doesn't "negate the confidential nature of the information submitted" as part of an International Trade Commission investigation, the ITC told the Court of International Trade on May 8 (OCP v. U.S., CIT Consol. # 21-00219).
The Commerce Department published notices in the Federal Register May 2 on the following AD/CV duty proceedings (any notices that announce changes to AD/CV duty rates, scope, affected firms or effective dates will be detailed in another ITT article):
The Commerce Department has published the preliminary results of its countervailing duty administrative review on phosphate fertilizers from Russia (C-821-825). The agency calculated a preliminary rate of 18.83% for Joint Stock Company Apatit, the only company under review. That 18.83% CVD rate would apply for cash deposit purposes, and for the purposes of assessments for entries from Apatit for entries in calendar year 2022. Changes to Apatit's cash deposit rate would take effect beginning on the date of publication of the final results in the Federal Register.
The Commerce Department has published the preliminary results of its countervailing duty administrative review on phosphate fertilizers from Morocco (C-714-001). The agency calculated a preliminary rate of 14.21% for OCP S.A., the only company under review. That 14.21% CVD rate would apply for cash deposit purposes, and for the purposes of assessments for entries from OCP for entries during calendar year 2022. Changes to OCP's cash deposit rate would take effect beginning on the date of publication of the final results in the Federal Register.
The Commerce Department and the International Trade Commission published the following Federal Register notices May 2 on AD/CVD proceedings: