Fertilizer tariffs come under scrutiny in court | TheFencePost.com

Fertilizer tariffs come under scrutiny in court

The decision to slap 19% countervailing duties on Moroccan phosphate fertilizers handed down more than a year ago by the International Trade Commission came under scrutiny in late June at a hearing at the Court of International Trade in New York City.

“Judge Stephen Vaden for the U.S. Court of International Trade sounded sympathetic to arguments from the Moroccan fertilizer company OCP North America that the International Trade Commission did not factor in all the reasons phosphorus imports increased from 2017-2019,” Chris Clayton of DTN/Progressive Farmer noted after listening to the live audio of the hearing.

In a three-hour hearing, “Vaden quizzed lawyers from the ITC and OCP North America, as well as attorneys for Mosaic Co., which filed the original petition against phosphate imports,” the report added.

“Also part of the hearing were lawyers for other related fertilizer companies, including Koch Industries and J.R. Simplot.”

“Vaden, a former general counsel for USDA under the Trump administration, will eventually rule on OCP’s appeal of the countervailing tariffs. If OCP wins, Mosaic also then can appeal. So, the legal battle on Moroccan phosphate tariffs will not end quickly,” the story pointed out.


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