Senator Marshall, Rep. Mann Lead Bipartisan Letter to the ITC On Phosphate Fertilizers

Washington, D.C. – U.S. Senator Roger Marshall, M.D. led a letter with Representative Tracey Mann (R-KS-01) to the International Trade Commission (ITC) with concerns that the voices of farmers and agricultural retailers are not being heard by the Commission regarding countervailing duties on phosphate fertilizer. 

The Commission has only narrowly opened the record after its previous determination to put tariffs on phosphate was remanded back to the Commission by the U.S. Court of International Trade. The Court gave the Commission wide latitude to re-open the record yet the Commission is not allowing commodity organizations and agriculture retailers to provide information about the U.S. fertilizer market. 

Members joining Senator Marshall’s and Representative Mann’s efforts are Senators Bill Hagerty, Cindy Hyde-Smith, Pete Ricketts, Deb Fischer, John Boozman, Representatives Jake LaTurner, John Rose, Greg Pence, Julia Letlow, James Baird, and Jim Costa.

Highlights from the letter include: 

“Since this process began in 2020, growers, retailers, and suppliers have provided information to the Commission and the U.S. Department of Commerce about the U.S. fertilizer market and the worsening challenges we face obtaining adequate domestic supply… we believe that the Commission is arbitrarily limiting both the information allowed to be submitted and the parties permitted to respond. As you are aware, a questionnaire was sent only to U.S. producers and U.S. importers of phosphate,” the legislators said.

“We believe additional parties, namely the farmers who need phosphate fertilizer to grow crops, the retailers who sell phosphate fertilizers, and the organizations who represent them, should be given the opportunity to respond,” the legislators continued.

“The bottom line is that fertilizer is critical to national security and national defense. Its affordability is also critical to the farm economy. Any decision that has the ability to increase the cost of production for U.S. farmers and ranchers threatens our food security and national security. This makes it preeminently important that the Commission takes a wide approach to gathering relevant information rather than a narrow one,” the legislators voiced. 

“We urge the Commission to give careful consideration to the information it has received in the remand proceeding before issuing its response and request that the Commission expand the recipients of the questionnaire. Thank you for your consideration,” the legislators concluded. 

You may click HERE to read the full letter. 


This letter is one of many aimed to ensure that tariffs on phosphate fertilizer are not inappropriately levied. Such tariffs drive up the cost of fertilizer for farmers and ranchers already struggling with significant increases in the cost of production. The following letters address different aspects of the same underlying phosphate tariffs. 

Senators Marshall, Moran, Mann Call on Commerce to Reduce Morocco Fertilizer Tariffs

Senator Marshall, Rep. Mann Lead Letter to Prevent Retroactive Fertilizer Tariffs

Sen. Marshall, Rep. Mann Lead Letter Demanding President Biden Relax Import Duties on Fertilizer

Senator Marshall also continues to lead on issues impacting the price of fertilizer for farmers. You may click on the links below to learn about previous efforts. 

Sen. Marshall Introduces Bill to Sustain the Long-Term Viability of the Domestic Fertilizer Industry

Sens. Marshall, Ernst, Grassley, Fischer Call on USTR to Secure Long-Term Fertilizer Trade

Marshall, Mann Lead Bicameral Legislation to Combat Surge In Fertilizer Prices

Sen. Marshall Urges Biden Administration to List Potash and Phosphate as Critical Minerals amidst Severe Fertilizer Shortage