6 unchanged sentences
Department of Commerce (“ DOC ”) issued countervailing duty (“ CVD ”) orders on imports of phosphate fertilizers from Morocco and Russia in response to petitions filed by Mosaic.
−Removed: The purpose of the petitions was to remedy the injury to the U.S.
+Added: The purpose of the CVD order is to remedy the injury to the U.S.
phosphate fertilizer industry caused by imports that benefit from unfair foreign subsidies, and thereby restore fair competition.
1 unchanged sentence
Moroccan and Russian producers have initiated actions at the U.S.
−Removed: Court of International Trade ( “ CIT ” ) seeking to overturn the orders.
+Added: Court of International Trade (“ CIT ”) and the U.S.
+Added: Court of Appeals for the Federal Circuit (“ CAFC ”) seeking to overturn the orders.
Mosaic has also made claims contesting certain aspects of DOC’s final determinations that, we believe, failed to capture the full extent of Moroccan and Russian subsidies.
These litigation challenges remain underway.
−Removed: Most recently, in July and September 2023, the CIT issued three remand rulings – one addressing DOC’s determination in the CVD investigation of phosphate fertilizers from Russia, one addressing DOC’s determination in the CVD investigation of phosphate fertilizers from Morocco, and one addressing the U.S.
−Removed: International Trade Commission’s determination in
−Removed: antidumping and countervailing duty investigations of phosphate fertilizers from Russia and Morocco – instructing the agencies to reconsider certain aspects of the rulings that were the basis for issuing the CVD orders.
+Added: The CAFC is reviewing a challenge to DOC’s final determination in the CVD investigation for Russia;
+Added: DOC is expected to issue a second remand determination for the CVD investigation for Morocco, which will then be reviewed by the CIT;
+Added: and the CIT is reviewing a January 2024 ITC remand determination upholding its original affirmative injury determination.
When a CVD order is in place, DOC normally conducts annual administrative reviews, which establish a final CVD assessment rate for past imports during a defined period, and a CVD cash deposit rate for future imports.
1 unchanged sentence
DOC calculated new subsidy rates of 2.12% for Moroccan producer OCP and 28.50% for Russian producer PhosAgro.
−Removed: These determinations are subject to appeal to the CIT.
−Removed: DOC is also conducting administrative reviews covering the period January 1, 2022 to December 31, 2022.
+Added: In addition, in November and December 2024 DOC announced the final results of the second administrative reviews for the CVD orders on phosphate fertilizers for Russia and Morocco covering calendar year 2022.
+Added: DOC calculated subsidy rates of 16.60% for OCP and 18.21% for PhosAgro.
+Added: Mosaic, as well as parties that oppose the duties, have appealed the final results of DOC’s first and second administrative reviews to the CIT.
+Added: Currently, DOC is conducting an administrative review for imports from Russia, covering calendar year 2023.
+Added: DOC is not conducting an administrative review for Morocco for this period.
The applicable final CVD assessment rates and cash deposit rates for imports of phosphate fertilizer from Morocco and Russia could change as a result of these various proceedings and potential associated appeals, whether in federal courts or at the World Trade Organization.
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On April 6, 2022, the court heard argument on the motions to dismiss filed by Mosaic and each other co-defendant.
−Removed: In late March 2023, the court denied Mosaic's motions to dismiss, and discovery now is underway.
+Added: In late March 2023, the court denied Mosaic's motions to dismiss.
We intend to continue to vigorously defend this matter.
5 unchanged sentences
We negotiated a Consent Agreement and Final Order (“ CAFO ”) with the agency that was filed on January 30, 2024.
−Removed: The CAFO requires a penalty payment of $217,085 and the completion of two supplemental environmental projects:
+Added: As required by the CAFO, we paid a penalty in the amount of $217,085.
+Added: The CAFO also requires the completion of two supplemental environmental projects:
(1) installation of ammonia monitors and monitoring at the plant for a period of two years, and (2) donation of two generators to the St.
James Parish Department of Emergency Preparedness.
+Added: We completed the donation to the St.
+Added: James Parish Department of Emergency Preparedness on March 14, 2024, and we completed installation and began operation of the ammonia monitors on April 24, 2024.
Mine Safety Disclosures.
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Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.