Third CVD Review Reportedly Withdrawn as US Duties on Moroccan Phosphates Expected to Rise in November
The Mosaic Co. has withdrawn its request for a third review of the countervailing duties (CVD) on phosphate imports from Morocco, according to a Sept. 16 statement from Moroccan fertilizer producer OCP Group. Mosaic had no comment.
While touted by OCP as a “potential first step in ending these tariffs,” Mosaic’s withdrawal likely stems from the upcoming results of the US Department of Commerce’s (DOC) second review of the CVD order, which is expected in November and is likely to see the CVD rate rise for material imported in 4Q 2024 through 2025.
Originally set at 19.97% following a 2020 complaint filed by Mosaic (GM June 26, 2020), the CVD rate for OCP was reduced by the DOC to 2.12% last year in its first review of the case (GM Nov. 3, 2023). DOC’s final determination in the second review in November is expected to push the CVD rate on Moroccan phosphates back up to 14% or potentially higher, in line with a preliminary decision from the DOC in May (GM May 3, p. 29).
“While we are assessing the potential impact of this on the final CVD tariffs on our shipments to the US in 2023, we hope that this development will prove to be a first step toward ending these tariffs that are preventing American farmers from having reliable access to a high-quality supply of an essential input for growing abundant and healthy crops to feed our fellow citizens and compete in global markets,” said Kevin Kimm, CEO of OCP North America, in the company’s Sept. 16 statement.
“OCP continues to believe that there is no justification for any CVD tariffs on our US fertilizer imports, particularly since US production of these vital nutrients is far from sufficient to meet demand,” Kimm added. “We will continue to pursue our appeals against these tariffs in the US Court of International Trade. As soon as the conditions allow, we are ready to resume our critical role as a reliable, high-quality provider of sustainable phosphate fertilizers and a trusted partner to US farmers.”
Fluctuating duties on US phosphate imports from Morocco and Russia pushed US buyers to alternate sources as annual trade rose this year from 2023. The DOC in April raised duties on Morocco to 12.2% and lowered duties on Russia to 18.8% from 28.5% in its second revision in six months.
The revised dues were due to subsidies on both countries’ natural gas and mining rights, as well as tax breaks and government loans, that set costs below market rates, according to Bloomberg Intelligence Analyst Alexis Maxwell.
The DOC is expected to publish a notice rescinding the third administrative review in the Federal Register in the coming weeks. When the DOC releases its final determination in the second review in November, the rate will remain in effect until further notice.