The Commerce Department and the International Trade Commission published the following Federal Register notices May 16 on AD/CVD proceedings:
An Indian frozen shrimp exporter responded May 14 to opposition (see 2404160042) against its motion for judgment (see 2402080060) in a case regarding the results of an antidumping duty review, saying that the Commerce Department and petitioners had focused on the wrong arguments and failed to address key evidence (Ad Hoc Shrimp Trade Action Committee v U.S., CIT Consol. # 23-00202).
A pair of exporters shouldn't be allowed to pluck "a few words out of context without examining the full language of that scope" in their challenge to a Commerce Department ruling that steel truck wheels made in Thailand with either Chinese-origin rims or discs are subject to the antidumping and countervailing duty orders on steel wheels from China (Asia Wheel Co. v. United States, CIT Consol. # 23-00143).
The Court of International Trade on May 16 sustained the Commerce Department's remand results in an antidumping duty investigation of mattresses from Cambodia. Judge Gary Katzmann said Commerce, under both its major input and transactions disregarded rules, properly picked Cambodia as the "market under consideration" and appropriately excluded imports from nonmarket economy and export-subsidizing countries from the datasets it used when calculating input cost of production and market price. Katzmann also upheld Commerce's averaging of financial statements from Indian mattress-maker Emriates Sleep Systems and Grand Twins International (Cambodia) "for calculating constructed value profit and selling expenses."
The U.S. Court of Appeals for the Federal Circuit on May 15 said the scope of the antidumping duty order on circular welded carbon steel pipes and tubes from Thailand unambiguously includes dual-stenciled pipe, reversing the Court of International Trade's decision.
The Commerce Department and the International Trade Commission published the following Federal Register notices May 15 on AD/CVD proceedings:
Tire exporters YC Rubber Co. and Sutong Tire Resources alerted the Court of International Trade to a separate CIT decision affirming the Commerce Department's finding that the mandatory respondent in an antidumping duty review remained eligible for a separate rate "despite its unwilligness to participate in the administrative review" (YC Rubber Co. (North America) v. United States, CIT # 19-00069).
An exporter of frozen fish fillets from Vietnam brought a case to court contesting the 2021-2022 antidumping review on its products. In its complaint, it said the Commerce Department had wrongly denied it byproduct offsets for “fresh broken meat” and “fresh fish waste by-products” and illegally liquidated some of its entries at the “punitive” Vietnam-wide rate instead of its own, lower, separate rate (Can Tho Import Export Seafood Joint Stock Company v. U.S., CIT # 24-00080).
The U.S. on May 13 moved to dismiss a lawsuit challenging CBP's exclusion of two rubber tire entries, claiming that CIT has no jurisdiction because the entries were excluded at the behest of the Transportation Department's National Highway Traffic Safety Administration (NHTSA). As a result, the exclusions were not protestable decisions made by CBP, so the Court of International Trade had no subject matter jurisdiction under Section 1581(a) (Inspired Ventures v. United States, CIT # 24-00062).
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