The Court of International Trade on April 19 sent back the Commerce Department's pick of Brazil as the primary surrogate country, and the use of Brazilian and Malaysian surrogate value data, in the 2019-20 review of the antidumping duty order on multilayered wood flooring from China. After already remanding once for Commerce's failure to cite evidence in making its surrogate choices, Judge Jennifer Choe-Groves said she "must now remand again for the same failure."
The Commerce Department and the International Trade Commission published the following Federal Register notices April 19 on AD/CVD proceedings:
The following lawsuit was recently filed at the Court of International Trade:
The U.S. filed a motion to dismiss a customs suit from importer Acquisition 362, doing business as Strategic Supply, claiming that for the 33 entries at issue, the lawsuit challenging the denied protests was untimely, the importer lacked standing to sue or that the company failed to state a claim for which relief can be granted (Acquisition 362 v. United States, CIT # 24-00011).
The Court of International Trade sent back the Commerce Department's finding that exporter East Sea Seafoods Joint Stock Co. qualified for a separate antidumping duty rate in the 2019-20 review of the AD order on catfish from Vietnam, remarking that the agency failed to "show its work." Judge M. Miller Baker additionally remanded Commerce's methodology for calculating exporter Green Farms' AD rate and selection of India over Indonesia as the primary surrogate nation for setting the rate for exporter NTSF Seafoods Joint Stock Company.
The Court of International Trade on April 19 remanded the Commerce Department's results in the 2019-20 review of the antidumping duty order on multilayered wood flooring from China. Judge Jennifer Choe-Groves sent back the agency's pick of Brazil as a surrogate country, along with the use of Brazilian and Malaysian surrogate data, because it failed to cite evidence on the record to support the choice. The court also remanded Commerce's decision to adjust the Brazilian plywood dataset by removing Spanish import data.
The Commerce Department and the International Trade Commission published the following Federal Register notices April 18 on AD/CVD proceedings:
The Customs Rulings Online Search System (CROSS) was updated April 16 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
The Commerce Department on April 16 once again found, on remand, that the South Korean government’s cap-and-trade carbon emissions program was de jure specific to one of the program’s users, a steel exporter (Hyundai Steel Co. v. U.S., CIT #22-00029).
The Court of International Trade on April 17 sent back the Commerce Department's finding that exporter East Sea Seafoods Joint Stock Co. established a right to a separate antidumping rate in the 2019-20 review of the AD order on catfish from Vietnam. Judge M. Miller Baker said the agency failed to "show its work." The judge said that, even if Commerce properly granted East Sea a separate rate, it erred in assigning the company its AD rate, which the agency based on its cash deposit rate. Baker additionally sent back Commerce's use of India over Indonesia as the primary surrogate nation in setting exporter NTSF Seafoods Joint Stock Co.'s AD rate.