The Commerce Department and the International Trade Commission published the following Federal Register notices Sept. 24 on AD/CVD proceedings:
The Court of International Trade sustained the Commerce Department's second remand results in a case on the 2019 administrative review of the countervailing duty order on hot-rolled steel flat products from South Korea, in a confidential decision. Judge Mark Barnett gave the parties until Sept. 29 to review the confidential information in the decision. In the remand results, Commerce said the Korean government's full allotment of emissions permits under the Korean Emissions Trading System was de facto specific, switching its previous determination that the full allotment was de jure specific following a remand order from Barnett (see 2407310039). Opening the record on remand, the agency added new data to the record and, with this data, said 504 companies got the full 100% allotment of the permits and that over 787,000 companies operated in Korea in 2019, meaning the program can't be considered "widely used" throughout the economy (Hyundai Steel Co. v. United States, CIT # 22-00170).
CBP failed to explain its finding that Dominican exporter Kingtom Aluminio made its aluminum extrusions with forced labor, the Court of International Trade held on Sept. 23. Vacating and remanding the forced labor finding, Judge Timothy Reif said the agency failed to "articulate a satisfactory explanation for its action” based on a “rational connection between the facts found and the choice made" in violation of the Administrative Procedure Act's arbitrary and capricious standard.
The Commerce Department and the International Trade Commission published the following Federal Register notices Sept. 23 on AD/CVD proceedings:
Petitioner American Shrimp Processors Association, a defendant-intervenor in a countervailing duty case, “strongly” objected Sep. 17 to a motion by the case’s two plaintiffs to complete the agency record by adding “‘minor corrections’ document packages” offered to the Commerce Department at verification. The untimely motion comes five months after the record was closed, the petitioner said (Industrial Pesquera Santa Priscila v. United States, CIT Consol. # 25-00025).
In remand comments, exporter Saha Thai Steel Pipe said that the Commerce Department wrongly reverted back to its original position on affiliation it had taken despite all parties agreeing with its revised one -- and despite the fact that Court of International Trade Judge Stephen Vaden had only remanded the decision so that Commerce could provide a reasoned explanation for it (Saha Thai Steel Pipe Public Co. v. U.S., CIT # 21-00627).
The Commerce Department and the International Trade Commission published the following Federal Register notices Sept. 22 on AD/CVD proceedings:
The U.S. Court of Appeals for the Federal Circuit issued its mandate Sept. 19 after sustaining the Commerce Department's 2018-19 administrative review of the antidumping duty order on cold-rolled steel flat products from Turkey. The court said in July that Commerce permissibly used respondent Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi's Turkish lira-denominated sales to value the company's home-market sales (see 2507290048). While Habas said the agency had to follow its precedent by using the respondent's dollar-denominated sales, the court held that Commerce had no such obligation, since Habas failed to "reconcile its lira-denominated payment records with its reported dollar prices" (Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi v. U.S., Fed. Cir. # 24-1158).
Solar cell importers and exporters, led by the American Clean Power Association, moved the Court of International Trade on Sept. 18 to stay its ruling vacating the Commerce Department's 2022-2024 duty "pause" on the collection of antidumping and countervailing duties on solar cells and modules from Cambodia, Malaysia, Thailand and Vietnam (Auxin Solar v. United States, CIT # 23-00274).
The Commerce Department and the International Trade Commission published the following Federal Register notices Sept. 19 on AD/CVD proceedings: