in effect
This is a presidential proclamation (Proclamation 11038, signed June 29, 2026) declaring a national emergency over disrupted phosphate fertilizer supplies and directing federal agencies to temporarily suspend import duties on phosphate fertilizer from Morocco. It invokes Section 318(a) of the Tariff Act of 1930, which allows the president to waive duties on certain goods during a declared emergency. The proclamation delegates authority to the Secretaries of Treasury and Commerce to implement the duty suspension.
Phosphate fertilizers imported from Morocco are exempt from the normal collection of import duties — including antidumping and countervailing duties that would otherwise apply under federal trade law — for up to eight months from June 29, 2026, or until the emergency is declared over, whichever comes first. The Secretaries of Treasury and Commerce must consult with the Secretary of Homeland Security before acting, and must coordinate with each other when exercising this authority. They are also required to monitor conditions and report any developments that might warrant further presidential action, and to notify Congress of any steps taken. The proclamation does not create any legal rights that private parties can enforce against the government in court.
U.S. farmers — particularly growers of corn, soybeans, and wheat who apply phosphate fertilizer in fall and early spring — are the primary intended beneficiaries, as the action is meant to ensure they can obtain adequate fertilizer supplies at more stable prices during the coming planting season. Importers and distributors of Moroccan phosphate fertilizer products would face lower costs at the border during the eight-month window. Domestic phosphate fertilizer producers are not directly addressed by the proclamation, though increased duty-free foreign supply could affect competitive conditions in the U.S. market.