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Commerce Upholds Parts, Sends Back Parts of Russian Phosphate Fertilizers CVD Case

The Court of International Trade in a Sept. 2 opinion sent back parts and upheld parts of the Commerce Department's final determination in the countervailing duty investigation of phosphate fertilizers from Russia. Judge Jane Restani found that Commerce erred in…

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adjusting the natural gas benchmark price by adding the relevant 20% VAT and 5% import duty and misapplying its methodology in calculating EuroChem's total sales by relying on a number given by EuroChem which included sales from eight producers and input suppliers to export trading company EuroChem Trading Rus. The judge also sent back Commerce's cut-off date for measuring subsidies in the Russian economy.