The Commerce Department's exceeded its statutory authority when it revoked an antidumping duty order on the grounds that it never received a notice of intent to participate from an interested domestic party in a sunset review, petitioner Archroma U.S. argued. Filing a reply brief at the U.S. Court of Appeals for the Federal Circuit, Archroma said Commerce's authority to ensure the "integrity of its procedures" doesn't allow it to "adopt measures exceeding its statutory authority" (Archroma U.S. v. United States, Fed. Cir. # 24-2159).
The Commerce Department doesn't fail to act when it denies a Section 232 steel and aluminum tariff exclusion request, the Court of International Trade held. Instead, the denial is a "decision" and "not an action unlawfully withheld or unreasonably delayed," Judge Stephen Vaden said, dismissing a host of claims from importer Prysmian Cables and Systems USA against Commerce's rejection of its exclusion requests.
The Commerce Department and the International Trade Commission published the following Federal Register notices Jan. 22 on AD/CVD proceedings:
In a complaint before the Court of International Trade filed Jan. 20, two exporters alleged that the Commerce Department failed to correct multiple ministerial errors during an antidumping duty review on Chinese activated carbon (Ningxia Guanghua Cherishmet Activated Carbon Co. v. United States, CIT # 24-00262).
The Court of International Trade on Jan. 21 sustained in part and remanded in part the Commerce Department's remand results in the expedited countervailing duty review on softwood lumber products from Canada, in a confidential decision. Judge Mark Barnett sent the review back for Commerce to "reconsider or further explain its subsidy calculations with respect to" the consolidated entity of D&G/Portbec. The court found for the government on the remaining issues (Committee Overseeing Action for Lumber International Trade Investigations or Negotiations v. U.S., CIT Consol. # 19-00122).
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The Commerce Department and the International Trade Commission published the following Federal Register notices Jan. 21 on AD/CVD proceedings:
The following lawsuits were recently filed at the Court of International Trade:
The United States and plywood importer Richmond International Forest Products settled their 2021 case in the Court of International Trade Jan. 16. The parties agreed in a motion for stipulated judgment that the exporter’s entries of Chinese-origin plywood were subject to antidumping, countervailing and Section 301 duties. Its Cambodia-origin plywood, however, was not subject to any of the three (Richmond International Forest Products v. United States, CIT #s 21-00063, -00318, -00319).
A group of importers, led by Tenaris Bay City Inc., will appeal a recent Court of International Trade decision sustaining the Commerce Department's finding that it had sufficient U.S. industry support to launch the antidumping and countervailing duty investigations on oil country tubular goods from Argentina, Mexico, South Korea and Russia. After previously remanding the issue, the trade court said the agency adequately addressed contrary evidence (see 2412110010). On remand, Commerce said it appropriately used industry source data and that finishing operations weren't double counted (Tenaris Bay City Inc. v. United States, CIT # 22-00343).