The US Department of Commerce today recommended keeping countervailing duties in place for Moroccan phosphate imports, despite an eight-month suspension of the measure implemented by US president Donald Trump in June.
Commerce determined that the revocation of the countervailing duty order on Moroccan phosphate fertilizers would likely lead to the continuation of a countervailable subsidy, according to the preliminary results of its five-year review. Commerce said today that if the duty order were to be revoked, Moroccan producer OCP would likely receive subsidies at a level of 20.04pc from Morocco. This rate represents the original investigation rate of 19.97pc, minus a now-terminated export-tax incentive program but includes new Moroccan subsidy programs found in later administrative reviews.
Late last month, Trump temporarily suspended countervailing duties on certain phosphate fertilizer imports from Morocco for eight months or until the order is terminated, citing a "supply emergency" for US farmers. There have been no confirmed sales of Moroccan phosphate to the US since Trump's suspension. With today's recommendation, it is unclear how OCP will move forward with its participation in the US fertilizer market.
Commerce found that several Moroccan subsidy programs are still considered active and assumes the subsidies will continue. The 20.04pc subsidy rate reported by Commerce is not considered the new duty rate but is a recommendation for the International Trade Commission to consider. The review, which began in early March, included participation from US fertilizer producers Mosaic and Simplot, the government of Morocco and OCP. The final results of the review are expected to be published around 28 October, 240 days from the start of the review.
OCP and Russian fertilizer producers have been subject to countervailing duties on phosphate exports to the US since 2021, after Mosaic filed a petition with authorities alleging the two countries' imports materially injured the US market.
Commerce also recommended countervailing duties remain on Russian phosphate fertilizer imports in its five-year review's final results, saying that Russian producers would also continue to receive countervailable subsidies. Commerce's final result rates are 24.11pc for Russian producerEuroChem, 14.64pc for PhosAgro, and 16.64pc for all others, according to the ruling posted on 30 June. Commerce also noted that Russia's review process was expedited because interest from domestic parties Mosaic and Simplot was adequate, while Russia did not respond or participate in proceedings.
Many fertilizer traders were not surprised by Russia's lack of participation in its sunset review, but are uncertain of how OCP will proceed after the latest ruling.
