CIT Remands Parts of CVD Investigation on Phosphate Fertilizers From Morocco
The Commerce Department remanded parts and sustained parts of the Commerce Department's countervailing duty investigation on phosphate fertilizers from Morocco. Judge Timothy Stanceu sent back Commerce's acceptance of respondent OCP's allocation of headquarters, support and debt costs in its cost…
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of production for making phosphate rock after finding that the agency failed to address petitioner The Mosaic Co.'s proposed alternative methodology for allocating these costs. The judge also remanded Commerce's finding that a subsidy to OCP from a program for relief from tax finds and penalties was de facto specific, finding that the agency failed to show that the program isn't available to the entire economy. However, Stanceu rejected OCP's challenge to the calculation of a constructed profit rate for the exporter, since the company failed to raise the issue in its initial motion for judgment.