The Commerce Department and the International Trade Commission published the following Federal Register notices April 5 on AD/CVD proceedings:
In April 3 oral arguments before the U.S. Court of Appeals for the Federal Circuit, the government said that the 1930 Tariff Act was recently amended to “explicitly not require” the Commerce Department to show that an exporter’s rate reflects its commercial reality (Pro-Team Coil Nail Enterprise v. U.S., Fed. Cir. # 22-2241).
In choosing a second mandatory respondent for a nearly 5-year-old Chinese passenger vehicle and light truck tires antidumping review and removing separate status from four other exporters that refused to participate, the Commerce Department fully complied with a 2023 Court of International Trade remand order (see 2302020032), the government said April 2 (YC Rubber Co. (North America) v. U.S., CIT # 19-00069).
The Court of International Trade on April 4 upheld the Commerce Department's use of the invoice date rather than the contract date for the date of sale for respondents Kaptan Demir and Colakoglu Metalurji in the 2020-21 review of the antidumping duty order on steel concrete reinforcing bar from Turkey.
The Court of International Trade on April 3 again sent back the Commerce Department's decision to countervail exporter KG Dongbu Steel's three debt-to-equity restructurings after initially declining to countervail them in the preceding three countervailing duty reviews on corrosion-resistant steel products from South Korea.
The U.S. Court of Appeals for the Federal Circuit on April 4 sustained the Commerce Department's decision that Australian exporter BlueScope Steel (AIS) didn't reimburse its affiliated U.S. importer, BlueScope Steel Americas, for antidumping duties. Judges Kimberly Moore, Todd Hughes and Leonard Stark echoed the Court of International Trade in finding that it would have been "unreasonable" for the exporter to include the AD in the price charged to the importer because the "exporter itself was not responsible for those duties."
Australia and China recently notified the World Trade Organization that they are ending their dispute involving Chinese antidumping and countervailing duties on wine from Australia (see 2310230060. The WTO circulated the notification to WTO members April 3, the trade body announced.
The Commerce Department and the International Trade Commission published the following Federal Register notices April 4 on AD/CVD proceedings:
Countervailing duty petitioner Rebar Trade Action Coalition opened its case at the U.S. Court of Appeals for the Federal Circuit against the Commerce Department's decision on remand finding that shipbuilding company Nur Gemicilik ve Tic, an affiliate of respondent Kaptan Demir, is not Kaptan's cross-owned input supplier. Filing an opening brief on April 2, the petitioner said that Commerce originally got it right in cross-attributing Nur's subsidies to Kaptan in the 2018 CVD review on rebar from Turkey (Kaptan Demir Celik Endustrisi ve Ticaret v. United States, Fed. Cir. # 24-1431).
The Court of International Trade on April 3 again sent back the Commerce Department's decision to countervail exporter KG Dongbu's three debt-to-equity swaps after initially declining to countervail them in the preceding three countervailing duty reviews on corrosion-resistant steel products from South Korea. Judge Jennifer Choe-Groves said Commerce can't reverse its countervailability decisions without new information. The judge also remanded Commerce's decision to pass-through benefits from the three debt-to-equity restructurings to KG Dongbu after its ownership changed between the prior three and present reviews, along with the agency's calculation of the company's creditworthiness benchmark and unequityworthy discount rate.