In a significant development within the realm of international trade law, President Donald Trump's proclamation on June 29, which permits the temporary duty-free importation of phosphate fertilizer from Morocco, has not diminished the ongoing legal challenge posed by the Moroccan state-owned fertilizer producer OCP. This assertion was made in a joint status report filed on July 10 with the Court of International Trade, specifically addressing the case OCP S.A. v. United States (CIT Consol. # 21-00219). The report emphasizes that the proclamation does not moot or impact the ongoing investigation by the International Trade Commission concerning countervailing duties on phosphate fertilizers from both Morocco and Russia.
According to the proclamation, the imposition of duties on Moroccan phosphate fertilizer will be suspended for a period of eight months, leveraging the presidential authority granted under Section 318 of the Tariff Act of 1930. This temporary suspension raises questions about its implications for the ongoing legal proceedings. The court has urged the involved parties to assess whether this recent proclamation influences the current case.
The joint status report unequivocally states, “The parties believe that the Proclamation does not moot or otherwise affect any aspect of this appeal.” This situation is further complicated by the fact that the case has undergone multiple remands in the past, highlighting the complexities involved in trade law disputes.
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As reported by tradelawdaily.com.
