Antidumping duty petitioner American HFC Coalition took to the Court of International Trade to contest the Commerce Department's decision not to use Mexico as the primary surrogate nation in the 2021-22 review of the antidumping duty order on hydrofluorocarbon blends from China (The American HFC Coalition v. United States, CIT # 24-00071).
The Court of International Trade on May 8 remanded the Commerce Department's treatment of antidumping duty respondent Assan Aluminyum's raw material costs and its hedging practices due to the agency's failure to address the issues during the AD investigation on aluminum foil from Turkey. Judge Stephen Vaden said Commerce failed to address one of Assan's arguments regarding its raw material costs administratively. He also said the agency's post hoc rationalizations regarding the company's hedging revenues don't square with its treatment of the revenues during the investigation. The judge sustained Commerce's treatment of both Assan's late fees as part of a duty drawback adjustment and of management fees paid by Assan's affiliated U.S. reseller. The court also granted Commerce's voluntary remand request regarding the denominator of the duty drawback adjustment.
The Commerce Department and the International Trade Commission published the following Federal Register notices May 7 on AD/CVD proceedings:
The Court of International Trade on May 3 entered judgment for importer Fraserview Remanufacturing after CBP corrected the liquidation status of the company's entries. In January, the trade court said Fraserview didn't need a protest to file suit at the court for entries that were erroneously deemed liquidated while liquidation was suspended (see 2401250039) (Fraserview Remanufacturing v. U.S., CIT # 22-00244).
A domestic petitioner said in a May 3 complaint that the Commerce Department failed to explain why it hadn’t adjusted the conversion costs of a 2021-2022 antidumping duty review’s mandatory respondent even though it had done so in the past (Wind Tower Trade Coalition v. U.S., CIT # 24-00070).
The Commerce Department and the International Trade Commission published the following Federal Register notices May 6 on AD/CVD proceedings:
The “almost simultaneous” likely start of new antidumping and countervailing duty investigations and end of a grace period for AD/CVD on Southeast Asian solar cells and panels creates a “complicated situation for importers” with “intersecting risks,” law firm Covington said in a client alert May 1.
A Spanish olive growers industry group, Asociacion de Exportadores e Industriales de Aceitunas de Mesa, along with Agro Sevilla Aceitunas and Angel Camacho Alimentacion, brought suit at the Court of International Trade to contest the Commerce Department's finding that demand for the "prior stage product" is "substantially dependent" on demand for the "latter stage product," in the 2021 review of the countervailing duty order on ripe olives from Spain (Asociacion de Exportadores e Industriales de Aceitunas de Mesa v. United States, CIT # 24-00078).
In a May 1 complaint, a Malaysian exporter of utility scale wind towers took issue with several decisions made by the Commerce Department in a 2021-2022 countervailing duty administrative review, including its refusal to grant an entered value adjustment (EVA) and its choice of surrogate market (CS Wind Malaysia Sdn. Bhd. v. U.S., CIT # 24-00079).
An importer whose products weren’t covered by the revocation of an antidumping duty order -- because the importer filed its end-use certifications with post-summary corrections instead of at entry -- argued in the trade court May 1 it couldn’t have fulfilled the requirements of the underlying changed circumstances review because they hadn’t been released yet (Kiswire Inc. v. U.S., CIT Consol. # 22-00181).