CIT Remands Injury Proceeding on Phosphate Fertilizer From Morocco, Russia

The Court of International Trade in an April 22 confidential decision remanded the International Trade Commission's injury determination on phosphate fertilizer from Morocco and Russia. A docket entry from the court said on remand the ITC can "take new evidence, reconsider existing evidence, or take any other action allowed by its procedures" to reach a conclusion supported by substantial evidence (OCP v. United States, CIT Consol. # 21-00219).

Judge Stephen Vaden previously remanded the case after finding that the commission failed to support its "central" underselling analysis (see 2309190060). Vaden held that since the commission's underselling theory "undergirds" the remaining statutory considerations in the proceedings, the ITC must revisit its findings on volume, price and impact should it continue to find that the imports were undersold.

In a separate decision, Vaden rejected the ITC's policy of automatically redacting questionnaire responses in injury proceedings (see 2503270057). The U.S. filed a petition for a writ of mandamus at the U.S. Court of Appeals for the Federal Circuit regarding this decision.