Kansas Senator Roger Marshall and Congressman Tracey Mann, both Republicans, have introduced the Emergency Relief from Duties Act. The bills, which were introduced in both the Senate and House, make a pathway to create emergency waivers for duties placed on fertilizers by the U.S. International Trade Commission (ITC).
An interested party, a coalition, or trade association representative of U.S. agricultural producers and growers could seek the waiver from the ITC. Any waiver or renewal would be for a period of one year. The emergency could be for something that either limits U.S. production or results in a supply and demand disruption.
Emergencies listed included: acts of God; war, acts of terrorism, and epidemics; acts of governmental authorities, such as expropriation, condemnation, and changes in laws and regulations; strikes and labor disputes; and major accidents.
To date, major farm groups have asked The Mosaic Co., Tampa, and CF Industries Holdings Inc., Deerfield, Ill., to withdraw their ITC filings related to phosphates and UAN, respectively. The ITC has rendered a final decision with respect to Mosaic, though the case has been appealed to the U.S. Court of International Trade (GM May 14, June 4, June 11, 2021), while ITC is currently in the midst of the CF case, though preliminary duties have already been assessed (GM Jan. 28, p. 1).
In the meantime, Senator John Hoeven (R.-N.D.), ranking member of the Senate Agriculture Appropriations Committee and a senior member of the Senate Agriculture Committee, joined Senator Bill Hagerty (R-Tenn.), and several others in urging the Biden administration to take immediate action to lower the cost of fertilizer for American farmers.
“We are therefore urging your administration to review all available options to lower the cost of fertilizer, including, but not limited to: eliminating the cross-border vaccine mandate for transporters of essential commerce; engaging stakeholders to prevent a Canadian Pacific Railway strike; ensuring agricultural minerals like phosphate and potash are part of the Department of the Interior’s List of Critical Minerals; increasing U.S. gas production; and approving pending export permits at the Department of Energy for Liquefied Natural Gas,” said the letter.
Others signing the letter included: Senators John Boozman (R-Ark.), John Cornyn (R-Texas), Bill Cassidy (R-La.), John Barrasso (R-Wyo.), Ted Cruz (R-Texas), Jim Inhofe (R-Okla.), Mike Rounds (R-S.D.), Roger Marshall (R-Kan.), Cynthia Lummis (R-Wyo.), Marsha Blackburn (R-Tenn.), Thom Tillis (R-N.C.), Chuck Grassley (R-Iowa), Tom Cotton (R-Ark.), Tommy Tuberville (R-Ala.), Richard Burr (R-N.C.), John Kennedy (R-La.) and Steve Daines (R-Mont.).