The U.S. filed a cross-motion for summary judgment March 25 in a case contesting CBP’s assessment of antidumping duties on an importer’s entries of a product that had been exempted from an AD order (see 2401080040). In the cross-motion, the government said that the liquidation had gone ahead because the importer hadn't filed the proper entry documentation (Kiswire Inc. v. U.S., CIT Consol. #22-00181).
The Commerce Department "abused its discretion" by using a "bright-line rule to reject" Jindal Poly Films' Section III affiliation questionnaire in the 2021 countervailing duty administrative review on polyethylene terephthalate film, sheet and strip from India, the exporter charged in a complaint filed at the Court of International Trade March 27 (Jindal Poly Films v. U.S., CIT # 24-00053).
The Commerce Department last week issued new antidumping and countervailing duty regulations, which, most notably, lifted the prohibition on the consideration of transnational subsidies in CVD cases (see 2403210070).
The Commerce Department and the International Trade Commission published the following Federal Register notices March 28 on AD/CVD proceedings:
The International Trade Commission is proposing to permanently adopt its COVID-19 era regulation that waived the need for paper filings of confidential and public documents in safeguard, antidumping and countervailing duty, and Section 337 proceedings. In a proposed rule released March 28, the ITC, at the request of the ITC Trial Lawyers Association and the Customs and International Trade Bar Association, proposed eliminating the requirement for paper copy submissions, except for complaints and complaint supplements and amendments in Section 337 cases. The regulation also removes "gender-specific language" found in the ITC's rules.
An importer said in a March 27 complaint that the Commerce Department shouldn't have found that its garlic cloves from China that are boiled, then frozen were subject to an antidumping duty order on fresh garlic (Export Packers Company Limited v. U.S., CIT # 24-00061).
The Commerce Department on March 26 set a higher antidumping duty rate for exporter Ningbo Master International Trade in the investigation on beer kegs from China after electing on remand to use Brazilian wage data for the surrogate labor value. The exporter's rate. if sustained by the Court of International Trade, would rise from a de minimis mark to 4.23%, lifting the separate rate applicants' AD mark with it by an equal amount (New American Keg v. United States, CIT # 20-00008).
A World Trade Organization dispute panel found that certain elements of Australian antidumping and countervailing duty proceedings on wind towers, deep drawn stainless steel sinks and railway wheels from China violate WTO commitments. Issuing its findings March 26, the panel recommended that Australia bring its measures into conformity with the General Agreement on Tariffs and Trade 1994.
The Commerce Department and the International Trade Commission published the following Federal Register notices March 27 on AD/CVD proceedings:
The following lawsuits were recently filed at the Court of International Trade: