The Court of International Trade on Aug. 12 sustained the Commerce Department's antidumping duty investigation into boltless steel shelving units prepackaged for sale from Thailand. Judge Mark Barnett upheld Commerce's selection of Thai steel shelving maker PNS Manufacturing's financial statements to determine constructed value and the agency's decision to use the date of invoice as the date of sale for respondent Siam Metal's U.S. sales. The judge also sustained Commerce's reliance on respondents Bangkok Sheet and Siam Metal's actual costs as recorded in their financial accounting systems as the companies' total cost of manufacturing.
The Commerce Department and the International Trade Commission published the following Federal Register notices Aug. 11 on AD/CVD proceedings:
Importer InterGlobal Forest alleged at least eight errors in the Court of International Trade's July ruling upholding a Commerce Department finding that three plywood importers evaded antidumping duty and countervailing duty orders on plywood from China (see 2507100044), and it asked for an adverse inference against the government for “suppressing evidence in flagrant violation” of an earlier remand order (American Pacific Plywood v. United States, CIT Consol. # 20-03914).
Domestic petitioner Mosaic Company pushed back against the Commerce Department’s redetermination on remand -- made under protest -- that a Moroccan government program wasn’t specific to fertilizer exporter OCP (see 2507010039), saying the department’s original, contrary finding was reasonable and supported by record evidence (The Mosaic Co. v. United States, CIT Consol. # 23-00246).
The Commerce Department illegally found that the South Korean government's provision of electricity is de facto specific, the Court of International Trade held on Aug. 8. Judge Jane Restani likened electricity provision to other "generally available and widely used" subsidies, such as "roads, bridges, schools, highways," that the agency is barred from countervailing under the CVD statute.
The Commerce Department and the International Trade Commission published the following Federal Register notices Aug. 8 on AD/CVD proceedings:
The U.S. again said July 30 that “rough” butt-weld pipe fittings were distinct from “unfinished” ones, supporting a Commerce Department redetermination on remand (see 2505050031) (Tube Forgings of America, Inc. v. U.S., CIT Consol. # 23-00231).
The Commerce Department correctly found that processors and producers of oil country tubular goods weren't double-counted in the agency's domestic production calculation underlying the antidumping duty investigations on OCTG from Argentina, Mexico, South Korea and Russia, the U.S. argued. Filing a reply brief at the U.S. Court of Appeals for the Federal Circuit on Aug. 5, the government added that importers led by Tenaris Bay City failed to raise a host of arguments before Commerce they now attempt to bring before the appellate court (Tenaris Bay City v. United States, Fed. Cir. # 25-1382).
The Court of International Trade on Aug. 8 sent back the Commerce Department's 2021 review of the countervailing duty order on carbon and alloy steel cut-to-length plate from South Korea. Judge Jane Restani remanded Commerce's finding that the Korean government's provision of subsidized electricity is de facto specific, faulting the agency for grouping the steel industry with two unrelated industries to assess whether the industries predominantly used electricity. The judge also warned against countervailing the provision of electricity, which is of the type of general subsidy barred from being countervailed under the CVD statute. Restani also sent back the decision to countervail the allocation of additional carbon emissions credits under the Korean cap and trade program. Restani rejected the findings that the extra credits are a "financial contribution" and are de jure specific.
The Commerce Department and the International Trade Commission published the following Federal Register notices Aug. 7 on AD/CVD proceedings: