OCP S.A. v. UNITED STATES

Slip Op. No. 23-136 Consol. Court No. 21-00219.

658 F.Supp.3d 1297 (2023)

OCP S.A., Plaintiff, EuroChem North America Corporation, Consolidated Plaintiff, and PhosAgro PJSC, International Raw Materials Ltd., and Koch Fertilizers LLC, Plaintiff-Intervenors, v. UNITED STATES, Defendant, and The Mosaic Company and J.R. Simplot Company, Defendant-Intervenors.

United States Court of International Trade.

September 19, 2023.


Attorney(s) appearing for the Case

Shara L. Aranoff , Covington & Burling LLP, of Washington, DC, for Plaintiff OCP S.A. With her on the brief are James M. Smith , Victor D. Ban , Sooan (Vivian) Choi , Caroline Garth , and Kwan Woo (Kwan) Kim .

Peter Koenig , Squire Patton Boggs LLP, of Washington, DC, for Consolidated Plaintiff EuroChem North America Corporation. With him on the brief is Jeremy W. Dutra .

Paul C. Rosenthal , Kelley Drye & Warren LLP, of Washington, DC, for Plaintiff-Intervenor. With him on the brief is Melissa M. Brewer .

Courtney S. McNamara , Attorney-Advisor, Office of the General Counsel, International Trade Commission, of Washington, DC, for the Defendant United States. With her on the brief are Dominic L. Bianchi , General Counsel, and Andrea C. Casson , Assistant General Counsel for Litigation of the International Trade Commission.

Stephanie E. Hartmann , Wilmer Cutler Pickering Hale and Dorr LLP, of Washington, DC, for Defendant-Intervenor Mosaic Company. With her on the brief are Jeffrey I. Kessler , Patrick J. McLain , Alexandra Maurer , and David J. Ross .

Stephen P. Vaughn and Jamieson L. Greer , King & Spalding LLP, of Washington, DC, for Defendant-Intervenor the J. R. Simplot Company. With them on the brief is Clinton R. Long .

John R. Magnus , TradeWins LLC, of Washington, DC, for amici curiae American Soybean Association, National Cotton Council of America, National Sorghum Producers, and Agricultural Retailers Association.


OPINION

Before the Court is a Motion for Judgment on the Agency Record, pursuant to United States Court of International Trade (USCIT) Rule 56.2, submitted by Plaintiff OCP S.A. (OCP) on its own behalf and on behalf of Consolidated Plaintiff EuroChem ...

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