Petition Summary: Phosphate Fertilizers From Morocco And Russia

On June 26, 2020, The Mosaic Company, (“Petitioner”), filed a petition for the imposition of countervailing duties on Phosphate Fertilizers from the Morocco and Russia.

SCOPE OF THE INVESTIGATION

The merchandise covered by these investigations is phosphate fertilizers in all physical forms (i.e., solid or liquid form), with or without coating or additives such as anti-caking agents. Phosphate fertilizers in solid form are covered whether granular, prilled (i.e., pelletized), or in other solid form (e.g., powdered)

The covered merchandise includes phosphate fertilizers in the following forms: ammonium dihydrogenorthophosphate or monoammonium phosphate (MAP), chemical formula NH₄H₂PO₄; diammonium hydrogenorthophosphate or diammonium phosphate (DAP), chemical formula (NH₄)₂HPO₄; normal superphosphate (NSP), also known as ordinary superphosphate or single superphosphate, chemical formula Ca(H₂PO₄)i-CaSO₄; concentrated superphosphate, also known as double, treble, or triple superphosphate (TSP), chemical formula Ca(H₂PO₄)₂·H₂O; and proprietary formulations of MAP, DAP, NSP, and TSP.

The covered merchandise also includes other fertilizer formulations incorporating phosphorous and non-phosphorous plant nutrient components, whether chemically-bonded, granulated (e.g., when multiple components are incorporated into granules through, e.g., a slurry process), or compounded (e.g., when multiple components are compacted together under high pressure), including nitrogen, phosphate, sulfur (NPS) fertilizers, nitrogen, phosphorous, potassium (NPK) fertilizers, and proprietary formulations thereof that may or may not include other nonphosphorous plant nutrient components. For phosphate fertilizers that contain non-phosphorous plant nutrient components, such as nitrogen, potassium, sulfur, zinc, or other non-phosphorous components, the entire article is covered, including the non-phosphorous content, provided that the phosphorous content (measured by diphosphorous pentaoxide, chemical formula P₂O₅) is at least 5% by weight.

Phosphate fertilizers that are otherwise subject to this investigation are included when commingled (i.e., mixed or blended) with phosphate fertilizers from sources not subject to this investigation. Phosphate fertilizers that are otherwise subject to this investigation are included when commingled with substances other than phosphate fertilizers subject to this investigation (e.g., granules containing only non-phosphate fertilizers such as potash or urea). Only the subject component of such commingled products is covered by the scope of this investigation.

The Chemical Abstracts Service (CAS) numbers for covered phosphate fertilizers include, but are not limited to: 7722-76-1 (MAP); 7783-28-0 (DAP); and 65996-95-4 (TSP). The covered products may also be identified by Nitrogen-Phosphate-Potash composition, including but not limited to: NP 11-52-0 (MAP); NP 18-46-0 (DAP); and NP 0-46-0 (TSP).

The covered merchandise is currently classified in the Harmonized Tariff Schedule of the United States (“HTS US”) at subheadings 3103 .11.0000; 3103.19.0000; 3105.20.0000; 3105.30.0000; 3105.40.0010; 3105.40.0050; 3105.51.0000; and 3105.59.0000. Phosphate fertilizers subject to these investigations may also enter under subheadings 3103.90.0010, 3105.10.0000, 3105.60.0000, 3105.90.0010, and 3105.90.0050. Although the HTSUS subheadings and CAS registry numbers are provided for convenience and customs purposes, the written description is dispositive.

PETITIONER

The Mosaic Company

Attn: Mark Isaacson, Senior Vice President, General Counsel and Corporate Secretary

3033 Campus Drive, Suite E490

Plymouth, MN 55441

Tel: (763) 577-2700

Fax: (763) 559-2860

Email: Mark.isaacson@mosaicco.com

COUNSEL FOR PETITIONERS

David J. Ross

Wilmer Cutler Pickering Hale and Dorr LLP

1875 Pennsylvania Avenue, NW

Washington, DC 20006

(202) 663-6000

NAMED PRODUCERS/EXPORTERS

For a list of foreign products/exporters alleged by Petitioner, please see Attachment I.

NAMED IMPORTERS

For a list of importers alleged by Petitioner, please see Attachment II.

ESTIMATED SCHEDULE

ALLEGED SUBSIDIES

For a list of alleged countervailing duty programs, please see Attachment III.

IMPORTS OF SUBJECT MERCHANDISE