Phosphate fertilizers from Morocco and Russia: ITC schedules full CVD sunset reviews
ITC schedules full five-year CVD sunset reviews on phosphate fertilizers from Morocco and Russia. Participation deadlines, April 2027 hearing calendar, and why orders and cash deposits continue during the review.
The U.S. International Trade Commission scheduled full five-year (sunset) reviews of the countervailing duty orders on phosphate fertilizers from Morocco and Russia (Inv. Nos. 701-TA-650-651 (Review)) to decide whether revocation would likely lead to continuation or recurrence of material injury within a reasonably foreseeable time. The scheduling notice published October 9, 2026 (91 FR 64676; FR Doc. 2026-20715; issued October 6, 2026).
On June 5, 2026, the Commission determined that responses to its notice of institution were such that full reviews should proceed (91 FR 36612, June 17, 2026). The Commission finds these reviews extraordinarily complicated and has extended the review period by up to 90 days under 19 U.S.C. § 1675(c)(5)(B). The CVD orders remain in effect during the review; cash deposits continue.
Full ITC sunset reviews on Morocco and Russia phosphate fertilizers CVD. Hearing 9:30 a.m. April 1, 2027. Entries of appearance due 45 days after publication (November 23, 2026 by our count). Orders stay in force; deposits continue.
Participation and APO deadlines
Entries of appearance: 45 days after publication (Nov 23, 2026 by our count)
APO / BPI applications: also by 45 days after publication
Electronic filing only via EDIS (https://edis.usitc.gov); no paper filings
Contact: Stamen Borisson (202) 205-3125
Hearing calendar (2027)
- Prehearing staff report: nonpublic record March 15, 2027 (public version thereafter).
- Prehearing briefs: 5:15 p.m. March 24, 2027.
- Requests to appear: 5:15 p.m. Thursday, March 25, 2027.
- Prehearing conference: 9:30 a.m. Friday, March 26, 2027 (if deemed necessary).
- Written testimony and slides: by noon March 31, 2027.
- In-person hearing: 9:30 a.m. April 1, 2027.
- Posthearing briefs and nonparty statements: 5:15 p.m. April 8, 2027.
- Record information release: April 27, 2027; final comments 5:15 p.m. April 29, 2027 (no new factual information).
A scheduling notice is not a new cash-deposit instruction. While the reviews run, the Morocco and Russia phosphate fertilizers CVD orders stay in place and deposits continue. CVD assessments and cash deposits are not drawback-eligible (19 U.S.C. § 1677h; see AD/CVD drawback exclusion). Treat this as order-continuation risk, not a refund path. Ordinary duties on the same entries remain on a separate drawback track when otherwise eligible.
Action items
- Decide whether to participate: entries of appearance and APO applications due 45 days after publication (November 23, 2026 by our count), via EDIS only.
- Calendar the April 1, 2027 hearing and the March prehearing brief / appearance windows.
- Do not assume deposit relief during the review. Orders remain in effect; CVD stays outside drawback.
- FR Doc. 2026-20715 (91 FR 64676; Inv. Nos. 701-TA-650-651 (Review)): ITC schedules full five-year CVD sunset reviews on phosphate fertilizers from Morocco and Russia. Issued Oct 6, 2026; published Oct 9, 2026.
- June 5, 2026 adequacy determination led to full reviews (91 FR 36612, June 17, 2026). Reviews are extraordinarily complicated; period extended by up to 90 days under 19 U.S.C. 1675(c)(5)(B).
- Entries of appearance and APO applications due 45 days after publication (Nov 23, 2026 by our count). EDIS electronic filing only.
- Hearing 9:30 a.m. April 1, 2027. Prehearing staff report March 15, 2027; prehearing briefs March 24; appear requests March 25; posthearing briefs April 8; final comments April 29, 2027.
- Orders remain in effect; cash deposits continue. CVD is not drawback-eligible.
- Phosphate Fertilizers From Morocco and Russia; Scheduling of Full Five-Year Reviews (91 FR 64676; FR Doc. 2026-20715; Inv. Nos. 701-TA-650-651 (Review)) · United States International Trade Commission
This article is for general information and is not legal or tax advice. Drawback eligibility depends on your specific facts, and final refunds are determined by CBP at liquidation. Consult a licensed customs broker or attorney for your situation.