Defendant-intervenor Fresh Garlic Producers Association said Aug. 8 that the Commerce Department properly found importer Green Garden Produce circumvented an antidumping duty order on fresh garlic from China (Green Garden Produce v. United States, CIT # 24-00114).
The Commerce Department on Aug. 8 calculated an individual countervailing duty rate for exporter Jiangsu Senmao Bamboo and Wood Industry Co. on remand in a case on the administrative review of the CVD order on multilayered wood flooring from China for the 2017 review period. Commerce gave Jiangsu Senmao a 2.4% CVD rate in response to an instruction from the Court of International Trade to individually review the respondent (Jiangsu Senmao Bamboo and Wood Industry Co. v. United States, CIT # 20-03885).
The Court of International Trade on Aug. 12 sustained the Commerce Department's antidumping duty investigation into boltless steel shelving units prepackaged for sale from Thailand. Judge Mark Barnett upheld Commerce's selection of Thai steel shelving maker PNS Manufacturing's financial statements to determine constructed value and the agency's decision to use the date of invoice as the date of sale for respondent Siam Metal's U.S. sales. The judge also sustained Commerce's reliance on respondents Bangkok Sheet and Siam Metal's actual costs as recorded in their financial accounting systems as the companies' total cost of manufacturing.
The U.S. Court of Appeals for the Federal Circuit on Aug. 12 upheld the Commerce Department's determination that importer Valeo North America's T-series aluminum sheet from China fits under the scope of the antidumping and countervailing duty orders on common alloy aluminum sheet from China. Judges Richard Taranto, Todd Hughes and Kara Stoll disagreed with Valeo that the orders "unambiguously" exclude Valeo's aluminum sheet, finding the phrase "as designated by the Aluminum Association" to be ambiguous. The judges also disagreed with Valeo's claim that its T-series aluminum sheet falls outside the scope of the orders, since it's heat-treated. The court also held that Commerce wasn't required to revoke the suspension instructions it had issued to CBP when it started the scope inquiry after the Court of International Trade remanded the proceeding for the agency to undertake a (k)(2) analysis.
The Commerce Department and the International Trade Commission published the following Federal Register notices Aug. 11 on AD/CVD proceedings:
Importer InterGlobal Forest alleged at least eight errors in the Court of International Trade's July ruling upholding a Commerce Department finding that three plywood importers evaded antidumping duty and countervailing duty orders on plywood from China (see 2507100044), and it asked for an adverse inference against the government for “suppressing evidence in flagrant violation” of an earlier remand order (American Pacific Plywood v. United States, CIT Consol. # 20-03914).
Domestic petitioner Mosaic Company pushed back against the Commerce Department’s redetermination on remand -- made under protest -- that a Moroccan government program wasn’t specific to fertilizer exporter OCP (see 2507010039), saying the department’s original, contrary finding was reasonable and supported by record evidence (The Mosaic Co. v. United States, CIT Consol. # 23-00246).
The Commerce Department illegally found that the South Korean government's provision of electricity is de facto specific, the Court of International Trade held on Aug. 8. Judge Jane Restani likened electricity provision to other "generally available and widely used" subsidies, such as "roads, bridges, schools, highways," that the agency is barred from countervailing under the CVD statute.
The Commerce Department and the International Trade Commission published the following Federal Register notices Aug. 8 on AD/CVD proceedings:
The U.S. again said July 30 that “rough” butt-weld pipe fittings were distinct from “unfinished” ones, supporting a Commerce Department redetermination on remand (see 2505050031) (Tube Forgings of America, Inc. v. U.S., CIT Consol. # 23-00231).