Notice2025-10452
Phosphate Fertilizers From Morocco and Russia
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 10, 2025
Issuing agencies
International Trade Commission
Abstract
The U.S. International Trade Commission ("Commission") hereby gives notice of the procedures it intends to follow to comply with the court-ordered remand of its final determination in the countervailing duty investigations concerning phosphate fertilizers from Morocco and Russia. For further information concerning the conduct of these remand proceedings and rules of general application, consult the Commission's Rules of Practice and Procedure.
Full Text
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<title>Federal Register, Volume 90 Issue 110 (Tuesday, June 10, 2025)</title>
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[Federal Register Volume 90, Number 110 (Tuesday, June 10, 2025)]
[Notices]
[Pages 24411-24412]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-10452]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-650-651 (Final) (Second Remand)]
Phosphate Fertilizers From Morocco and Russia
AGENCY: United States International Trade Commission.
ACTION: Notice of remand proceedings.
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SUMMARY: The U.S. International Trade Commission (``Commission'')
hereby gives notice of the procedures it intends to follow to comply
with the court-ordered remand of its final determination in the
countervailing duty investigations concerning phosphate fertilizers
from Morocco and Russia. For further information concerning the conduct
of these remand proceedings and rules of general application, consult
the Commission's Rules of Practice and Procedure.
DATES: June 4, 2025.
FOR FURTHER INFORMATION CONTACT: Calvin Chang ((202) 205-3358), Office
of Investigations, or Courtney McNamara ((202) 205-3095), Office of
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436. Hearing-impaired persons can obtain
[[Page 24412]]
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (<a href="https://www.usitc.gov">https://www.usitc.gov</a>). The public record for
Investigation Nos. 701-TA-650-651 (Final) (Second Remand) may be viewed
on the Commission's electronic docket (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
SUPPLEMENTARY INFORMATION:
Background.--In March 2021, the Commission determined that a
domestic industry was materially injured by reason of imports of
phosphate fertilizers from Morocco and Russia. Phosphate Fertilizers
from Morocco and Russia, Inv. Nos. 701-TA-650-651 (Final), USITC Pub.
5172 (March 2021). Respondents, OCP S.A and EuroChem North America
Corporation, contested the Commission's determinations before the U.S.
Court of International Trade (``CIT''), along with PhosAgro PJSC,
International Materials Ltd., and Koch Fertilizer. On September 23,
2023, the CIT issued an order remanding the case to the Commission.
OCP, S.A. v. United States, 658 F. Supp. 3d 1297, 1324 (Ct. Int'l Trade
2023).
On January 17, 2024, the Commission filed its remand results in
which it continued to find that the domestic industry was materially
injured by reason of subject imports. Phosphate Fertilizers from
Morocco and Russia, Inv. Nos. 701-TA-650-651, USITC Pub. 5490 (Jan.
2024) (Final) (Remand). On April 22, 2025, the CIT issued a decision
under seal in which it remanded the Commission's decision for further
proceedings. OCP S.A. v. United States, Consol. Ct. No. 21-00219, Slip
Op. No. 25-51 (April 22, 2025) (``OCP III''). The CIT's decision has
not been publicly released at this time.
Participation in the remand proceedings.--Only those persons who
were interested parties that participated in the investigations of
Phosphate Fertilizers from Morocco and Russia and were also parties to
the appeal may participate in these remand proceedings. Such persons
need not file any additional appearances with the Commission to
participate in the remand proceedings, unless they are adding new
individuals to the list of persons entitled to receive business
proprietary information (``BPI'') under administrative protective order
(``APO''). BPI referred to during the remand proceedings will be
governed, as appropriate, by the APO issued in the investigations. The
Secretary will maintain a service list containing the names and
addresses of all persons or their representatives who are parties to
the remand proceedings, and the Secretary will maintain a separate list
of those authorized to receive BPI under the administrative protective
order during the remand proceedings.
Written submissions.--The Commission is not reopening the record
and will not accept the submission of new factual information for the
record. The Commission will permit the parties entitled to participate
in the remand proceedings to file comments concerning how the
Commission could best comply with the court's remand instructions.
The comments must be based solely on the information in the
Commission's record. The Commission will reject submissions containing
additional factual information or arguments pertaining to issues other
than those on which the court has remanded this matter. The deadline
for filing comments is June 20, 2025. Comments must be limited to no
more than twenty-five (25) double-spaced and single-sided pages of
textual material, inclusive of attachments and exhibits.
Parties are advised to consult with the Commission's Rules of
Practice and Procedure, part 201, subparts A through E (19 CFR part
201), and part 207, subpart A (19 CFR part 207) for provisions of
general applicability concerning written submissions to the Commission.
All written submissions must conform to the provisions of section 201.8
of the Commission's rules; any submissions that contain BPI must also
conform with the requirements of sections 201.6, 207.3, and 207.7 of
the Commission's rules. Please note the Secretary's Office will accept
only electronic filings at this time. Filings must be made through the
Commission's Electronic Document Information System (EDIS, <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>). No in-person paper-based filings or paper copies of
any electronic filings will be accepted until further notice. The
Commission's Handbook on E-Filing, available on the Commission's
website at <a href="http://edis.usitc.gov">http://edis.usitc.gov</a>, elaborates upon the Commission's
rules with respect to electronic filing.
Additional written submissions to the Commission, including
requests pursuant to section 201.12 of the Commission's rules, will not
be accepted unless good cause is shown for accepting such submissions
or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
In accordance with sections 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the investigation must be
served on all other parties to the investigation (as identified by
either the public or BPI service list), and a certificate of service
must be timely filed. The Secretary will not accept a document for
filing without a certificate of service.
By order of the Commission.
Issued: June 4, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-10452 Filed 6-9-25; 8:45 am]
BILLING CODE 7020-02-P
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