Morocco Phosphate Fertilizers: Amended Final Results of 2020-2021 CVD Admin Review
The Commerce Department is amending final results of the countervailing duty administrative review on phosphate fertilizers from Morocco (C-714-001) originally published Nov. 7, 2023, to align with the final decision in a court case that challenged a rate in those results.
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In that review, OCP S.A. was assigned a CVD rate of 2.12% for subject goods entered during the period of review Nov. 30, 2020, through Dec. 31, 2021. After the final results were published, The Mosaic Company and OCP filed a lawsuit challenging the results in the Court of International Trade.
A Dec. 16, 2025, court decision confirmed a recalculation by Commerce that resulted in OCP receiving a revised rate of 2.11%. That new rate is applicable Dec. 26, 2025.
But the amended results won't change the current cash deposit rate for OCP, because the company has a superseding cash deposit rate, i.e., there have been final results published in a subsequent administrative review. Commerce won't issue revised cash deposit instructions to CBP.
Commerce said it remains enjoined by CIT order from liquidating entries "that were produced and/or exported by OCP, Jorf I, Jorf II, Jorf III, Jorf IV, or Jorf V, and were entered, or withdrawn from warehouse, for consumption during the period November 30, 2020, through December 31, 2021. These entries will remain enjoined pursuant to the terms of the injunction during the pendency of any appeals process."
(The review period is 11/30/20 - 12/31/21. See Commerce's notice for more information. See 2311070059 for a summary of the original final results and 2305040036 for a summary of the preliminary results of this review.)