The Court of International Trade on June 10 sustained the antidumping and countervailing duty evasion finding against importer Phoenix Metal for transshipping cast iron soil pipe from China through Cambodia. Judge Jane Restani said that CBP supported its finding with a wealth of evidence and that the agency's finding that Phoenix had some production capacity in Cambodia isn't enough to sink the evasion determination. Restani also rejected a host of due process claims made by Phoenix, though the court said a plaintiff could show that lasting harm was suffered by CBP's failure to provide notice of the establishment of interim measures. However, Phoenix failed to make this showing in the present case.
The Commerce Department and the International Trade Commission published the following Federal Register notices June 7 on AD/CVD proceedings:
Three motions for judgment were filed at the Court of International Trade June 5 challenging the Commerce Department's 2020-21 review of the countervailing duty order on phosphate fertilizers from Russia (Archer Daniels Midland Company v. U.S., CIT # 23-00239).
Exporter Nanjing Dongsheng Shelf Manufacturing Co. told the Court of International Trade in a June 6 complaint that the Commerce Department abused its discretion when it rejected the company's separate rate certification as untimely in the 2021-22 review of the antidumping duty order on steel racks from China (Nanjing Dongsheng Shelf Manufacturing Co. v. U.S., CIT # 24-00085).
The Commerce Department and the International Trade Commission published the following Federal Register notices June 6 on AD/CVD proceedings:
The Court of International Trade on June 5 amended a decision it issued last week rejecting the Commerce Department's use of adverse facts available against an exporter doing business as Supermel in the antidumping duty investigation on raw honey from Brazil (see 2405310043) (Apiario Diamante Comercial Exportadora Ltda. v. United States, CIT # 22-00185).
Antidumping duty respondent Salzgitter Mannesmann Grobblech told the U.S. Court of Appeals for the Federal Circuit in a reply brief last week that the U.S. and petitioners Nucor Corp. and SSAB Enterprises failed to adequately defend the Commerce Department's use of adverse facts available against the respondent in the AD investigation on carbon and alloy steel cut-to-length plate from Germany (AG der Dillinger Huttenwerke v. U.S., Fed. Cir. # 24-1219).
The Court of International Trade on June 5 sustained some and remanded some of the Commerce Department's surrogate value picks in the 16th review of the antidumping duty order on Vietnamese catfish, covering entries in 2018 to 2019.
The Commerce Department and the International Trade Commission published the following Federal Register notices June 5 on AD/CVD proceedings:
Antidumping petitioner Edsal Manufacturing Co. filed a complaint at the Court of International Trade on June 4 contesting the Commerce Department's antidumping duty investigation on boltless steel shelving units prepackaged for sale from India. Edsal said Commerce erred in accepting untimely information from exporter Triune Technofab regarding the calculation of the exporter's constructed value profit (Edsal Manufacturing Co. v. United States, CIT # 24-00087).