The Commerce Department and the International Trade Commission published the following Federal Register notices April 25 on AD/CVD proceedings:
The Commerce Department unlawfully rescinded an administrative review, falsely determining that an exporter hadn't made any U.S. sales during the period being examined, the exporter said in April 19 motion for judgment (China Cornici Co. Ltd. v. U.S., CIT # 23-00217).
The Court of International Trade on April 24 sustained CBP's finding on remand that importer Columbia Aluminum Products didn't evade the antidumping and countervailing duty orders on aluminum extrusions from China. But Judge Timothy Stanceu rejected Columbia's claim that CBP needed to immediately terminate the interim measures issued under the Enforce and Protect Act after reversing its original evasion finding.
The Commerce Department and the International Trade Commission published the following Federal Register notices April 24 on AD/CVD proceedings:
The United States asked for 14 more days to file its reply brief in an appeal at the U.S. Court of Appeals for the Federal Circuit on the validity of the Commerce Department's non-market economy policy in antidumping duty cases. The government said it needs more time to prepare its draft brief and receive input from DOJ "supervisory counsel" and Commerce attorneys (Jilin Forest Industry Jinqiao Flooring Group Co. v. United States, Fed. Cir. # 23-2245).
A domestic petitioner April 19 supported the U.S. in a case involving an antidumping duty investigation on freight rail couplers, saying that the case’s plaintiff, an exporter, had misunderstood the rules of statutory interpretation. That exporter has argued that the Commerce Department is barred from beginning new investigations fewer than two years before a previous one was completed (see 2404080049), pointing to statutory language governing changed circumstances reviews that appears to apply broadly (Wabtec Corporation v. U.S., CIT # 23-00161).
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The Court of International Trade on April 24 sustained CBP's decision on remand to find that importer Columbia Aluminum Products didn't evade the antidumping and countervailing duty orders on aluminum extrusions from China, but held that CBP wasn't required to immediately reverse the interim measures on the company upon making a negative remand finding. Judge Timothy Stanceu said that the remand decision "is not in effect prior to the court's sustaining it through the entry of judgment."
The Court of International Trade on April 22 sent back the Commerce Department's decision not to attribute subsidies received by lumber suppliers to respondents in an expedited countervailing duty review on Canadian softwood lumber. Judge Mark Barnett said that if Commerce continues to find that the respondents are the producers of the subject lumber, the agency must reconsider its decision to require an upstream subsidy allegation for lumber purchases within the class of covered merchandise.
A World Trade Organization dispute panel issued its report on Australia's dispute against Chinese antidumping and countervailing duties on Australian wine after the parties reached a mutually agreed solution to the case. Australia argued that China's AD/CVD violated numerous elements of both the Anti-Dumping Agreement and the Subsidies and Countervailing Measures Agreement. The parties told the dispute settlement body that they reached a settlement on March 29.