Trump just invoked a 1930s emergency statute to suspend countervailing duties on Moroccan phosphate fertilizer. The window is open. The clock is running. Most brokers don’t know how to claim it yet.
On July 8, 2026, the Department of Commerce published 91 FR 42180 — the operational notice implementing President Trump’s June 29 emergency declaration. Under Section 318(a) of the Tariff Act of 1930, Commerce has opened an 8-month window to import Moroccan phosphate fertilizers free of the 16.8% countervailing duty under Case C-714-001. That rate has cost U.S. farmers an estimated $6.9 billion since the order was imposed in 2021 (Texas A&M). The window is open. The process is not automatic.
The Pre-Approval Gate
This is not an ACE flag. It is not a tariff code change. Your software will not catch it automatically.
Under 19 CFR 358, importers must file a formal written request to the Secretary of Commerce before a single duty-free entry can be processed. Commerce reviews the request, approves it, and then — and only then — instructs CBP to allow duty-free entry for the specific identified shipment.
Where to file: All requests must be submitted electronically via Commerce’s Antidumping and Countervailing Duty Centralized Electronic Service System — ACCESS (access.trade.gov). Each submission goes on the record of the 2026 administrative review segment of C-714-001.
Get on the service list: File a letter of appearance under 19 CFR 351.103(d)(1) to be added to the public service list for this segment. Instructions are at trade.gov/administrative-protective-orders.
The 60-Day Window
Commerce approval is not a stockpile card. Under 19 CFR 358.103(c), approved merchandise must physically enter the United States within 60 days of Commerce’s notification. Miss that window — for any reason — and the waiver expires. Standard CVD rates snap back to that shipment immediately. There is no extension process.
End-Use Is Enforced
In-Transit and Recent Entries
Vessel on the water right now: You are in the golden zone. Get your ACCESS request filed today so Commerce approval and CBP notification are in place before your vessel presents at the port. Do not wait for arrival.
Already liquidated: The order is applicable July 8, 2026. It is not automatically retroactive on prior entries. For 2026 entries where cash deposits were collected immediately before publication, explore Post-Summary Corrections or 19 U.S.C. § 1514 protest within 180 days of liquidation.
Monday Morning Checklist
- Register on ACCESS if not already enrolled
- File letter of appearance under 19 CFR 351.103(d)(1) to get on the C-714-001 service list
- Review Appendix I of Commerce’s Memorandum Implementing Temporary Duty Free Importation (available on ACCESS at access.trade.gov/frnotices) for the specific written request requirements
- Identify any in-transit Moroccan phosphate shipments and flag them for immediate filing
- Confirm end-use documentation is in place before goods move post-entry
The Bottom Line
Section 318 is rarely invoked. When it is, the operational window moves fast and most importers miss the early filing advantage. The 8-month waiver runs out — or the emergency is terminated — whichever comes first. The savings are real. The process is not automatic. File early, document the end-use, and don’t let a missed 60-day clock hand CBP a reason to reimpose the 16.8%.