Court Decision Leads to Changes in Duty Rates for Russian Phosphate Fertilizers
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On August 12, 2026, the U.S. Court of International Trade (CIT) made an important decision. It supported the U.S. Department of Commerce’s final results about the duty on phosphate fertilizers from Russia. These results came from an administrative review about countervailing duties. This review happened from November 30, 2020, to December 31, 2021.
The Department of Commerce reviewed a company called Joint Stock Company Apatit (JSC Apatit). They looked at how much subsidy, or help, the company got from the Russian government when buying phosphate ore mining rights. Originally, they set the subsidy rate at 28.50 percent. But they decided to change it after a deeper examination.
The examination was because Archer Daniels Midland Company disagreed with the first decision. The court asked the Department of Commerce to review its work. The department then found that the subsidy rate for JSC Apatit was actually 22.86 percent.
The new decision, made on August 12, 2026, is not the same as the first decision from the Department of Commerce. The court ordered that these new results must be noted and that the previous claims were not right.
The changes in the subsidy rate mean that if JSC Apatit is importing to the U.S., the duty is now based on this new lower rate. This might affect how much they have to pay when selling phosphate fertilizers to the U.S.
Yet, JSC Apatit still has a different rate from another review. So, until all court cases finish, they will not change the deposit rate they use currently.
Right now, JSC Apapit’s import entries are put on hold by the court. This is called an injunction. This means their goods that entered through November 30, 2020, to December 31, 2021, will stay on hold.
If no one appeals the court’s August 12, 2026, decision, or if the appeal does not change anything, Commerce will instruct Customs and Border Protection on how to apply duties based on the new rate.
The news about these changes was made public on August 14, 2026. The U.S. Department of Commerce is keeping all interested groups updated about these developments.
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