MOSAIC CO. v. UNITED STATES

Slip Op. 22-103 Consol. Court No. 21-00117.

589 F.Supp.3d 1298 (2022)

The MOSAIC COMPANY, Plaintiff, PhosAgro PJSC, JSC Apatit, Consolidated Plaintiff, Industrial Group Phosphorite LLC, Consolidated Plaintiff and Consolidated Plaintiff-Intervenor, v. UNITED STATES, Defendant, The Mosaic Company, Consolidated Defendant, PhosAgro PSJC, JSC Apatit, Industrial Group Phosphorite LLC, Defendant-Intervenor.

United States Court of International Trade.

September 2, 2022.


Attorney(s) appearing for the Case

Patrick James McLain, David J. Ross, and Stephanie Ellen Hartmann, Wilmer, Cutler, Pickering, Hale and Dorr LLP, of Washington, DC, argued for Plaintiff The Mosaic Company. With them on the brief were Alexandra S. Mauer, Eliot Kim, and Natan Pinchas Lyons Tubman.

Meen Geu Oh, Commercial Litigation Branch, U.S. Department of Justice, of Washington, DC, argued for the Defendant. With him on the brief was Ebonie I. Branch. Of counsel on the brief was Jared Michael Cynamon, Office of Chief Counsel for Trade Enforcement & Compliance, U.S. Department of Commerce, of Washington, DC.

Jonathan Thomas Stoel and Cayla Danielle Ebert, Hogan Lovells US LLP, of Washington, DC, argued for Defendant-Intervenors PhosAgro PJSC and JSC Apatit. With them on the brief were Harold Deen Kaplan, Jared Rankin Wessel, Maria Alejandra Arboleda Gonzalez, and Nicholas R. Sparks.

Peter J. Koenig, Squire Patton Boggs (US) LLP, of Washington, DC, argued for Defendant-Intervenor Industrial Group Phosphorite, LLC. With him on the brief was Jeremy William Dutra.


OPINION AND ORDER

This action is a challenge to the final determination made by the United States Department of Commerce ("Commerce") in the countervailing duty ("CVD") investigation of phosphate fertilizers from the Russian Federation ("Russia") covering the period from January 1, 2019, through December 31, 2019.

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