Following a voluntary remand which saw the Commerce Department maintain a prior determination, petitioner ArcelorMittal Tubular Products said that DOJ was inventing a new, post-hoc rule that entities couldn’t be collapsed across borders (ArcelorMittal Tubular Products v. United States, CIT # 24-00039).
The U.S. disagreed May 30 with an importer’s claim that the Commerce Department’s post-remand scope ruling on wood mouldings and millwork products expanded relevant antidumping duty and countervailing duty orders to cover “an infinite universe of products.” The orders are simply intentionally broad, it said (Hardware Resources v. United States, CIT # 23-00150).
The Court of International Trade in a confidential order on June 5 sustained in part and remanded in part the Commerce Department's final results in the new shipper review of the antidumping duty order on frozen fish fillets from Vietnam. AD petitioner Catfish Farmers of America brought the suit to challenge the 2022-23 new shipper review of Vietnamese exporter Co May Import Export Company, which granted the company a de minimis dumping rate. The petitioner argued Co May didn't actually make a bona fide sale in the U.S. during the review period (Catfish Farmers of America v. U.S., CIT # 24-00126).
Chinese exporter Yingli Energy on June 3 supported its argument that the Court of International Trade should strike down the Commerce Department’s usual presumption that exporters in non-market economies are under government control (Yingli Energy (China) Co. v. United States, CIT # 24-00131).
The Court of International Trade on June 9 sent back a Commerce Department scope ruling excluding exporter Cheng Shin Rubber Industry's temporary-use spare tires from the antidumping duty order on passenger vehicles and light truck tires from Taiwan. Judge Jennifer Choe-Groves said Commerce improperly added a requirement that subject tires be for "regular use" in a vehicle, noting that the agency's interpretation doesn't appear in the "statutory language" and is undercut by the "terms of the Order itself." The judge said there's evidence showing Cheng Shin's tires "are of a size that fit passenger cars," which falls under the plain meaning of the order's scope.
The Commerce Department and the International Trade Commission published the following Federal Register notices June 6 on AD/CVD proceedings:
The U.S. and Fortune Energy agreed June 4 to settle a customs penalty case alleging that the importer lied about the composition of its aluminum extrusions in entry paperwork to avoid paying antidumping duties (United States v. Fortune Energy, CIT # 23-00040).
The U.S. Court of Appeals for the Federal Circuit on June 5 said the Commerce Department improperly prioritized "transparency" over its statutory duty to compare physically identical products in an antidumping duty review.
The Commerce Department and the International Trade Commission published the following Federal Register notices June 5 on AD/CVD proceedings:
The Court of International Trade on June 3 sustained the Commerce Department's selection of the financial statement of TMTE Metal Tech to calculate respondent Triune Technofab's constructed value in the antidumping duty investigation on boltless steel shelving units prepackaged for sale from India. The result is a negative determination in the AD investigation.