Document

Phosphate Fertilizers From the Kingdom of Morocco: Preliminary Results of First Full Sunset Review of the Countervailing Duty Order

The U.S. Department of Commerce (Commerce) preliminarily determines that revocation of the countervailing duty (CVD) order on phosphate fertilizers (fertilizers) from the Kingdo...

Department of Commerce
International Trade Administration
  1. [C-714-001]
( printed page 46772)

AGENCY:

Enforcement and Compliance, International Trade Administration, Department of Commerce.

SUMMARY:

The U.S. Department of Commerce (Commerce) preliminarily determines that revocation of the countervailing duty (CVD) order on phosphate fertilizers (fertilizers) from the Kingdom of Morocco (Morocco) would be likely to lead to the continuation or recurrence of a countervailable subsidy at the levels indicated in the “Preliminary Results of Sunset Review” section of this notice.

DATES:

Applicable July 24, 2026.

FOR FURTHER INFORMATION CONTACT:

Faris Montgomery, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1537.

SUPPLEMENTARY INFORMATION:

Background

On April 7, 2021, Commerce published in the Federal Register the CVD order on fertilizers from Morocco.[1] On March 2, 2026, Commerce published the notice of initiation of the first sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).[2] Commerce received timely notices of intent to participate in this review from the Mosaic Company and J.R. Simplot Company, LLC (collectively, domestic interested parties) on March 17, 2026, within the deadline specified in 19 CFR 351.218(d)(1)(i).[3] The domestic interested parties claimed interested party status under section 771(9)(C) of the Act, as domestic producers of fertilizers. On April 1, 2026, Commerce received a substantive response from the domestic interested parties within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).[4] On April 1, 2026, Commerce received timely substantive responses from the Government of Morocco (GOM) and respondent OCP S.A. (OCP) in accordance with 19 CFR 351.218(d)(3)(i) and (v).[5] On April 6, 2026, Mosaic, OCP, and the GOM submitted timely filed rebuttals to the substantive responses in accordance with 19 CFR 351.218(d)(4).[6]

On April 29, 2026, Commerce notified the U.S. International Trade Commission that it received an adequate substantive response from respondent interested parties and intended to conduct a full sunset review.[7] As a result, pursuant to 19 CFR 351.218(e)(2), Commerce is conducting a full sunset review of the Order.

Scope of the Order

The product covered by the Order is fertilizers from Morocco. For a full description of the scope, see the Preliminary Decision Memorandum.[8]

Analysis of Comments Received

A complete discussion of all issues raised in this sunset review is provided in the Preliminary Decision Memorandum, which is hereby adopted by this notice. A list of the topics discussed in the Preliminary Decision Memorandum is attached as an appendix to this notice.

The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS), which is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/​frnotices.

Preliminary Results of Sunset Review

Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce preliminarily determines that revocation of the Order would be likely to lead to the continuation or recurrence of countervailable subsidies at the rates listed below:

Producer/exporter Subsidy rate (percent ad valorem)
OCP S.A 20.04
All Others 20.04

Public Comment

Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR 351.309(c)(1)(i), we have modified the deadline for interested parties to submit case briefs to Commerce to no later than 30 days after the date of the publication of the notice of preliminary results for this sunset review.[9] Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.[10] Interested parties who submit case briefs or rebuttal briefs in this proceeding must submit: (1) a table of contents listing each issue; and (2) a table of authorities.[11] All briefs must be filed electronically using ACCESS. An electronically filed document must be received successfully in its entirety in ACCESS by 5:00 p.m. Eastern Time on the established deadline.

As provided under 19 CFR 351.309(c)(2)(iii) and (d)(2)(iii), we request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs.[12] Further, we request that interested parties limit their executive summary of each issue to no more than 450 words, not including citations. We intend to use the executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the final results in this review. We request that interested parties include footnotes ( printed page 46773) for relevant citations in the executive summary of each issue. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f).[13]

Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice. Requests should contain: (1) the party's name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Oral presentations at the hearing will be limited to issues raised in the briefs. If a request for a hearing is made, Commerce will inform parties of the scheduled date for the hearing.[14]

Final Results of Review

Unless the deadline is extended, we intend to issue the final results of this full sunset review, which will include the results of our analysis of the issues raised in the case briefs, within 240 days of the publication of the initiation of the sunset review in the Federal Register , pursuant to section 751(c)(5)(A) of the Act.

Notification to Interested Parties

We are issuing and publishing these results in accordance with sections 751(c)(1), 752, and 777(i)(1) of the Act.

Dated: July 20, 2026.

Christopher Abbott,

Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistance Secretary for Enforcement and Compliance.

Appendix

List of Issues Addressed in the Preliminary Decision Memorandum

I. Summary

II. Background

III. Scope of the Order

IV. History of the Order

V. Legal Framework

VI. Discussion of the Issues

1. Likelihood of Continuation or Recurrence of a Countervailable Subsidy

2. Net Countervailable Subsidy Rates Likely to Prevail

3. Nature of the Subsidies

VII. Preliminary Results of Review

VIII. Recommendation

Footnotes

1.   See Phosphate Fertilizers from the Kingdom of Morocco and the Russian Federation: Countervailing Duty Orders,86 FR 18037 (April 7, 2021) ( Order).

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2.   See Initiation of Five-Year (Sunset) Reviews,91 FR 10053 (March 2, 2026).

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3.   See Mosaic's Letter, “Petitioner's Notice of Intent to Participate in Sunset Review,” dated March 17, 2026; see also J.R. Simplot's Letter, “Notice Of Intent To Participate In Sunset Review,” dated March 17, 2026.

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4.   See Mosaic's Letter, “Substantive Response to the Notice of Initiation,” dated April 1, 2026; see also J.R. Simplot's Letter, “Simplot's Substantive Response,” dated April 1, 2026.

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5.   See GOM's Letter, “Substantive Response of the Government of the Kingdom of Morocco to Notice of Initiation of Five-Year (Sunset) Review of the Countervailing Duty Order on Phosphate Fertilizers from Morocco,” dated April 1, 2026; see also OCP's Letter, “OCP S.A. Substantive Response to Notice of Initiation,” dated April 1, 2026.

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6.   See Mosaic's Letter, “Rebuttal to the Substantive Responses of the GOM and OCP,” dated April 6, 2026; see also the GOM's Letter, “Government of the Kingdom of Morocco's Rebuttal to Mosaic's and Simplot's Substantive Responses,” dated April 6, 2026; and OCP's Letter, “OCP S.A. Rebuttal to Domestic Producers' Substantive Response to Notice of Initiation,” dated April 6, 2026.

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7.   See Commerce's Letter, “Sunset Reviews Initiated on December 1, 2021,” dated January 20, 2022.

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8.   See Memorandum, “Issues and Decision Memorandum for the Preliminary Results of the Full First Sunset Review of the Countervailing Duty Order on Phosphate Fertilizers from the Kingdom of Morocco,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).

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10.   See 19 CFR 351.309(d); see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings,88 FR 67069, 67077 (September 29, 2023) ( APO and Service Procedures).

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12.  We use the term “issue” here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum.

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13.   See APO and Service Procedures.

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[FR Doc. 2026-14971 Filed 7-23-26; 8:45 am]

BILLING CODE 3510-DS-P

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Federal Register Citation

Use this for formal legal and research references to the published document.

91 FR 46772

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“Phosphate Fertilizers From the Kingdom of Morocco: Preliminary Results of First Full Sunset Review of the Countervailing Duty Order,” thefederalregister.org (July 24, 2026), https://thefederalregister.org/documents/2026-14971/phosphate-fertilizers-from-the-kingdom-of-morocco-preliminary-results-of-first-full-sunset-review-of-the-countervailing-.