U.S. Department of Commerce – Final Results of Second Administrative Review of the Countervailing Duty (“CVD”) Order on Phosphate Fertilizers from Morocco

Today, the U.S. Department of Commerce (DOC) released the Final Results of the second administrative review of the countervailing duty (“CVD”) order on phosphate fertilizers from Morocco. In the Final Results, the DOC increased the tariff rate for Moroccan phosphate fertilizers imported into the United States from a preliminary rate of 14.21% to 16.81%.

This new rate applies retroactively as the final tariff rate for our 2022 imports into the United States. It is also the new rate for cash deposits that U.S. importers must pay to U.S. Customs at the time of importation from now until at least 2026, and possibly later, depending on whether there is a future administrative review of the CVD order where the rate would be updated yet again.

OCP takes note that, despite the detailed and robust evidence and arguments provided during the DOC’s review, the DOC issued a deeply flawed decision. The increase in the CVD rate results from the DOC’s use of inadequate methodologies that are not consistent with U.S. law and regulations, and determinations that are not supported by the record evidence.

OCP continues to believe there is no justification for any CVD tariffs on our U.S. fertilizer imports. We will continue our ongoing appeals against these tariffs in the U.S. Court of International Trade, and we are considering whether to initiate an appeal of this latest DOC decision. In the meantime, we will continue our full and transparent cooperation with U.S. agencies as they conduct any future analyses. U.S. farmers need additional reliable, high-quality providers of sustainable phosphate fertilizers to ensure the supply chain resiliency that enables them to feed their fellow citizens and the wider world. OCP looks forward to resuming its role as a reliable partner to U.S. farmers once these unjustified tariffs are corrected.