The Commerce Department improperly used a period of review-wide allocation methodology for exporter Sahamitr Pressure Container's certification expenses, Sahamitr argued in its opening brief at the U.S. Court of Appeals for the Federal Circuit. The company said it followed Commerce's instructions throughout the 2019-20 review of the antidumping duty order on steel propane cylinders from Thailand only for the agency to find that its methodology to be "distortive" (Sahamitr Pressure Container v. United States, Fed. Cir. # 24-2043).
The Commerce Department on Dec. 3 published a notice announcing the opportunity to request administrative reviews by Dec. 31 for producers and exporters subject to 52 antidumping duty orders, 17 countervailing duty orders and two suspension agreements with December anniversary dates.
The Commerce Department made preliminary affirmative antidumping duty determinations that imports of crystalline silicon photovoltaic cells, whether or not assembled into modules, from Cambodia (A-555-003), Malaysia (A-557-830), Thailand (A-549-851) and Vietnam (A-552-841) are being sold in the U.S. at less than fair value. AD suspension of liquidation and cash deposit requirements will generally take effect for entries on or after Dec. 4, the date that the preliminary determinations are scheduled to be published in the Federal Register, but Commerce is making the suspension of liquidation and AD cash deposits retroactive to approximately Sept. 5 for some Vietnamese and all Thai companies.
The following lawsuits were filed at the Court of International Trade during the weeks of Nov. 18-24 and Nov. 25 - Dec. 1:
A listing of recent Commerce Department antidumping and countervailing duty messages posted on CBP's website Dec. 2, along with the case number(s) and CBP message number, is provided below. The messages are available by searching for the listed CBP message number at CBP's ADCVD Search page.
The Commerce Department soon will set antidumping duty cash deposit requirements for imports of crystalline photovoltaic cells from Cambodia, Malaysia, Thailand and Vietnam, it said in a fact sheet Nov. 29. The agency's preliminary determinations set AD rates at 125.37% for Cambodian companies (117.12% cash deposit rate, as adjusted for countervailing duties); zero percent to 81.24% for Malaysian companies (zero percent to 81.24% cash deposit, as adjusted for countervailing duties); 77.85% to 154.68% for Thai companies (57.66% cash deposit rate, as adjusted for the all-others countervailing duty rate); and 53.30% to 271.28% for Vietnamese companies (53.19% to 271.28% cash deposit, as adjusted for countervailing duties). Suspension of liquidation is already in effect for all countries for countervailing duty purposes (see 2410030041). AD suspension of liquidation and cash deposit requirements for these countries will take effect for entries on or after the date of publication of the preliminary determinations in the Federal Register, which should occur in the coming days.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The International Trade Commission published notices in the Nov. 29 Federal Register on the following AD/CVD injury, Section 337 patent or other trade proceedings (any notices that warrant a more detailed summary will be in another ITT article):
The Commerce Department published notices in the Federal Register Nov. 29 on the following AD/CV duty proceedings (any notices that announce changes to AD/CV duty rates, scope, affected firms or effective dates will be detailed in another ITT article):
The Commerce Department has published the final results of the antidumping duty administrative review on citric acid and certain citrate salts from Thailand (A-549-833). These final results will be used to set final assessments of AD duties on importers for subject merchandise entered July 1, 2022, through June 30, 2023.