CIT sustains Commerce's second remand redetermination in phosphate fertilizers countervailing duty review
The U.S. Court of International Trade sustained Commerce's second remand redetermination in the countervailing duty administrative review of phosphate fertilizers from the Russian Federation, in Archer Daniels Midland Co. v. United States, Slip Op. 26-92, Consol. Court No. 23-00239, issued August 12, 2026. Commerce reconstructed its tier-three benchmark to include world sedimentary-origin phosphate rock price data from Iran and Togo that had previously been excluded solely on the distinction between igneous and sedimentary ore, and calculated that JSC Apatit received no measurable benefit for the provision of mining rights for less than adequate remuneration, resulting in a total subsidy rate of 22.86 percent ad valorem for the period of review.