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MOSAIC CO. v. UNITED STATES

Slip Op. 23-99 Consol. Court No. 21-00117.

647 F.Supp.3d 1358 (2023)

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.

July 11, 2023.

Attorney(s) appearing for the Case

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

Ebonie I. Branch , Commercial Litigation Branch, U.S. Department of Justice, of Washington, DC, argued for the Defendant. With her on the brief were Brian M. Boynton , Patricia M. McCarthy , and L. Misha Preheim . 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 T. Stoel and Cayla D. Ebert , Hogan Lovells US LLP, of Washington, DC, argued for Defendant-Intervenors PhosAgro PJSC and JSC Apatit. With them on the brief were H. Deen Kaplan , Jared Wessel , and Maria A. Arboleda .

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

OPINION AND ORDER

Before the court are the remand results of the United States Department of Commerce ("Commerce") pursuant to the court's order in Mosaic Co. v. United States, 46 CIT ___, 589 F.Supp.3d 1298 (2022), in the countervailing duty ("CVD") investigation of phosphate fertilizers from the...

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