SCOPE OF THE INVESTIGATION
The merchandise covered by these investigations is phosphate fertilizers in all physical forms (i.e., solid or liquid form), with or without coating or additives such as anti-caking agents. Phosphate fertilizers in solid form are covered whether granular, prilled (i.e., pelletized), or in other solid form (e.g., powdered)
The covered merchandise includes phosphate fertilizers in the following forms: ammonium dihydrogenorthophosphate or monoammonium phosphate (MAP), chemical formula NH4H2PO4; diammonium hydrogenorthophosphate or diammonium phosphate (DAP), chemical formula (NH4)2HPO4; normal superphosphate (NSP), also known as ordinary superphosphate or single superphosphate, chemical formula Ca(H2PO4)i-CaSO4; concentrated superphosphate, also known as double, treble, or triple superphosphate (TSP), chemical formula Ca(H2PO4)2·H2O; and proprietary formulations of MAP, DAP, NSP, and TSP.
The covered merchandise also includes other fertilizer formulations incorporating phosphorous and non-phosphorous plant nutrient components, whether chemically-bonded, granulated (e.g., when multiple components are incorporated into granules through, e.g., a slurry process), or compounded (e.g., when multiple components are compacted together under high pressure), including nitrogen, phosphate, sulfur (NPS) fertilizers, nitrogen, phosphorous, potassium (NPK) fertilizers, and proprietary formulations thereof that may or may not include other nonphosphorous plant nutrient components. For phosphate fertilizers that contain non-phosphorous plant nutrient components, such as nitrogen, potassium, sulfur, zinc, or other non-phosphorous components, the entire article is covered, including the non-phosphorous content, provided that the phosphorous content (measured by diphosphorous pentaoxide, chemical formula P2O5) is at least 5% by weight.
Phosphate fertilizers that are otherwise subject to this investigation are included when commingled (i.e., mixed or blended) with phosphate fertilizers from sources not subject to this investigation. Phosphate fertilizers that are otherwise subject to this investigation are included when commingled with substances other than phosphate fertilizers subject to this investigation (e.g., granules containing only non-phosphate fertilizers such as potash or urea). Only the subject component of such commingled products is covered by the scope of this investigation.
The Chemical Abstracts Service (CAS) numbers for covered phosphate fertilizers include, but are not limited to: 7722-76-1 (MAP); 7783-28-0 (DAP); and 65996-95-4 (TSP). The covered products may also be identified by Nitrogen-Phosphate-Potash composition, including but not limited to: NP 11-52-0 (MAP); NP 18-46-0 (DAP); and NP 0-46-0 (TSP).
The covered merchandise is currently classified in the Harmonized Tariff Schedule of the United States (“HTS US”) at subheadings 3103 .11.0000; 3103.19.0000; 3105.20.0000; 3105.30.0000; 3105.40.0010; 3105.40.0050; 3105.51.0000; and 3105.59.0000. Phosphate fertilizers subject to these investigations may also enter under subheadings 3103.90.0010, 3105.10.0000, 3105.60.0000, 3105.90.0010, and 3105.90.0050. Although the HTSUS subheadings and CAS registry numbers are provided for convenience and customs purposes, the written description is dispositive.
The Mosaic Company
Attn: Mark Isaacson, Senior Vice President, General Counsel and Corporate Secretary
3033 Campus Drive, Suite E490
Plymouth, MN 55441
Tel: (763) 577-2700
Fax: (763) 559-2860
COUNSEL FOR PETITIONERS
David J. Ross
Wilmer Cutler Pickering Hale and Dorr LLP
1875 Pennsylvania Avenue, NW
Washington, DC 20006
For a list of foreign products/exporters alleged by Petitioner, please see Attachment I.
For a list of importers alleged by Petitioner, please see Attachment II.
|Petition Filed||June 26, 2020|
|DOC Initiation||July 16, 2020|
|ITC Preliminary Investigation:|
|Questionnaires Due||July 10, 2020|
|Request to appear at hearing||July 15, 2020|
|Hearing||July 17, 2020|
|Briefs||July 22, 2020|
|ITC Vote||August 10, 2020|
|DOC Investigation Schedule:|
|DOC Preliminary Countervailing Determination||September 21, 2020|
|DOC Final Countervailing Determination||December 3, 2020|
|ITC Final CVD Determination||January 18, 2021|
For a list of alleged countervailing duty programs, please see Attachment III.
IMPORTS OF SUBJECT MERCHANDISE
|2017||2018||2019||Jan-Apr 2019||Jan-Apr 2020|
|AUV ($/Short Tons)||325||392||332||387||267|
|AUV ($/Short Tons)||329||388||372||389||269|