Court nixes Russian phosphate subsidy rates, trade hit
Published Date: 8/19/2026
Notice
Summary
The U.S. Court of International Trade ruled against the original subsidy rates set for Russian phosphate fertilizers, leading the Department of Commerce to update the subsidy rate for JSC Apatit. This change affects importers and exporters dealing with these fertilizers and takes effect on August 22, 2026. Expect new costs and adjustments in trade due to this court-backed update!
Analyzed Economic Effects
3 provisions identified: 0 benefits, 2 costs, 1 mixed.
JSC Apatit Subsidy Rate Set at 22.86%
Commerce amended its final results to assign Joint Stock Company Apatit (JSC Apatit) a countervailable subsidy rate of 22.86 percent ad valorem for the period November 30, 2020 through December 31, 2021. The U.S. Court of International Trade issued a final judgment on August 12, 2026, and the amendment is applicable August 22, 2026.
Suspended Entries Remain Enjoined; Duties May Be Assessed
Entries of subject merchandise produced and/or exported by JSC Apatit that were entered or withdrawn for consumption during November 30, 2020 through December 31, 2021 remain enjoined from liquidation under a CIT order. If the CIT ruling is not appealed or is upheld on appeal, Commerce intends to instruct Customs to assess countervailing duties on unliquidated entries when the ad valorem subsidy rate is not zero or de minimis, and to liquidate without regard to duties where the rate is zero or de minimis.
No Change to Current Cash Deposit Instructions
Commerce will not issue revised cash deposit instructions to U.S. Customs and Border Protection because JSC Apatit has a superseding cash deposit rate from a later review. This notice does not change the current cash deposit rate.
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