The Court of International Trade on June 16 held that the Commerce Department's regulations setting deadlines to file separate rate applications and certifications can't supersede the statutory requirement to pick mandatory respondents based on the volume of their exports. Judge Jennifer Choe-Groves said Commerce erred in the 2021-22 review of the antidumping duty order on steel racks from China by picking respondents based on value and not volume of U.S. sales and in declining to consider the largest exporter, Nanjing Dongsheng Shelf Manufacturing, based on its untimely separate rate certification. The judge said Dongsheng's information was "reasonably available" to the agency, since it was filed the same time as the information from other respondents who received filing extensions.
The Commerce Department and the International Trade Commission published the following Federal Register notices June 13 on AD/CVD proceedings:
The following lawsuits were filed recently at the Court of International Trade:
Importer Eteros Technologies USA last week defended the notion that the Court of International Trade has jurisdiction to hear the company's case alleging that CBP illegally retaliated against the company for its success before the trade court. Eteros said CBP's claimed basis for taking the allegedly retaliatory action against Eteros and its executives, that the company is "aiding and abetting narcotics trafficking," is "factually baseless" and "legally impermissible" in light of the trade court's ruling in Eteros' past case before CIT (Eteros Technologies USA v. United States, CIT # 25-00036).
The Commerce Department and the International Trade Commission published the following Federal Register notices June 12 on AD/CVD proceedings:
Roof tiles imported by WJC aren’t covered by antidumping duty and countervailing duty orders on ceramic tile from China, the Commerce Department determined in a May 23 scope ruling. The orders don’t cover roofing tiles, it reiterated.
Certain types of gum produced by Gum Products International are covered by an antidumping duty order on xanthan gum from China because they haven’t been substantially transformed by further processing in Canada, the Commerce Department found in two May 22 scope rulings.
The Court of International Trade on June 11 held that the government's claim for unpaid duties against a surety company on an entry liquidated in 2009 violates both the statute of limitations for seeking payment and an implied requirement in the bond that demand for payment be made in a reasonable time.
The Court of International Trade on June 12 sustained the Commerce Department's remand results in the countervailing duty investigation on wooden cabinets and vanities from China. Judge Richard Eaton said Commerce complied with his remand instructions by prorating the countervailing duty set on exporter The Ancientree Cabinet to account for the percentage of its U.S. customers that failed to verify nonuse of China's Export Buyer's Credit Program. As a result, Commerce lowered Ancientree's CVD cash deposit rate from 13.33% to 5.06% and calculated individual CVD rates for the exporter's U.S. buyers, though the agency said the cash deposit rate has been superseded by the cash deposit rate given to Ancientree based on the 2022 review of the CVD order.
The Commerce Department and the International Trade Commission published the following Federal Register notices June 11 on AD/CVD proceedings: