CIT sustains ITC's second remand results in phosphate fertilizer injury case

The U.S. Court of International Trade sustained the International Trade Commission's second remand results in OCP S.A. v. United States, Consol. Ct. No. 21-00219, Slip Op. 26-75, upholding the Commission's finding that subsidized imports of phosphate fertilizer from Morocco and Russia materially injured U.S. producers. The court held that an agency may disagree with a remand order so long as its conclusions on the remanded issues are supported by substantial evidence, and found the Commission's findings on domestic reshipment capacity, import volume, price effects and causation supported by the record.