Exporter Trina Solar Science & Technology will appeal a May Court of International Trade decision in which the court held that the Commerce Department properly found that exporters Canadian Solar and Trina Solar circumvented the antidumping duty and countervailing duty orders on Chinese solar cells by sending their products through Thailand (see 2505160045). The trade court sustained the agency's decision to place special emphasis on the amount of research and development investment put into the companies' Thai facilities to show that the companies' processes in the country were "minor or insignificant." Trina will take the case to the U.S. Court of Appeals for the Federal Circuit (Trina Solar Science & Technology (Thailand) v. United States, CIT # 23-00227).
The Commerce Department published July 9 its remand results of its 2018 countervailing duty review of Chinese-origin multilayered wood flooring, reversing its use of adverse facts available for exporter Senmao after deciding Senmao’s customers didn’t use China’s Export Buyers Credit Program (Evolutions Flooring v. United States, CIT Consol. #21-00591).
The Commerce Department and the International Trade Commission published the following Federal Register notices July 14 on AD/CVD proceedings:
Importer Smith-Cooper International on July 10 dismissed its case challenging an antidumping duty scope ruling it initially filed in 2019. The Commerce Department's scope ruling had found that the company's Cooplet weld outlets are subject to AD on carbon steel butt-weld pipe fittings from China. Counsel for the importer didn't respond to request for comment on the case (Smith-Cooper International v. United States, CIT # 19-00011).
Exporter The Ancientree Cabinet Co. and importer Craft33 Products said in two July 7 motions for judgment that the Commerce Department had again wrongly applied adverse facts available claiming potential use of China’s Export Buyer’s Credit Program (The Ancientree Cabinet Co. v. United States, CIT # 24-00223).
The Commerce Department released July 9 its remand results of a scope ruling on calcium glycinate from India, Japan and Thailand. It said it now finds that calcium glycinate is covered by antidumping duty and countervailing duty orders on glycine “regardless of the producer, exporter, or importer” (Deer Park Glycine, LLC v. U.S., CIT # 23-00238).
The Court of International Trade's recent "dictum" on whether the Tariff Act of 1930 lets the Commerce Department impose antidumping duties and countervailing duties on an upstream product that's incorporated into a downstream product imported into the U.S. isn't relevant for adjudication of a pair of separate AD/CVD scope cases, the U.S. said (Wabtec Corporation v. U.S., CIT #s 23-00160, -00161).
The U.S. Court of Appeals for the Federal Circuit on July 10 denied exporter Carbon Activated's bid for a panel rehearing of its antidumping duty case on the Commerce Department's selection of the surrogate value for carbonized material in the 2018-19 review of the AD order on Chinese activated carbon. Judges Richard Taranto, Alvin Schall and Raymond Chen denied the request (Carbon Activated Tianjin v. United States, Fed. Cir. # 23-2135).
The Commerce Department showed its work in finding that exporter East Sea Seafoods is independent of the Vietnamese government and thus eligible for a separate rate under an antidumping duty order on Vietnamese catfish in the 2019-20 administrative review of the AD order, the Court of International Trade held on July 10. Judge M. Miller Baker also held that Commerce properly assigned exporter Green Farms Seafood Joint Stock Company an AD rate taken from a simple average of respondent NTSF Seafood's zero percent rate and East Sea's adverse facts available rate.
The Commerce Department and the International Trade Commission published the following Federal Register notices July 11 on AD/CVD proceedings: