The International Trade Commission on Feb. 9 upheld on remand its prior finding that domestic industries were injured by dumped imports of seamless carbon and alloy steel standard, line and pressure pipe from Russia, rejecting an exporter’s claims that evidence showed the ITC’s analysis had missed some imports from other countries (PAO TMK v. United States, CIT # 21-00532).
The Court of International Trade on Feb. 12 sustained the Commerce Department's decision to use a simple average of standard deviations in the denominator of the Cohen's d test in detecting "masked" dumping as part of the antidumping investigation on steel nails from Taiwan. Despite a pair of decisions from the U.S. Court of Appeals for the Federal Circuit rejecting the use of simple averages in this case, Judge Claire Kelly said she could find no fault with the logic Commerce employed.
The Commerce Department and the International Trade Commission published the following Federal Register notices Feb. 12 on AD/CVD proceedings:
CBP found substantial evidence that Exquis, Lollicup USA and Sanster evaded antidumping and countervailing duty orders covering thermal paper, the agency said. It found that all three importers evaded the orders on thermal paper from China and found that Exquis also evaded the AD order on thermal paper from South Korea, CBP said.
DOJ attorney Robert Kiepura replaced Joshua Kurland as principal counsel in a case on the Commerce Department's countervailing duty investigation on wind towers from Canada. The court approved the change in a Feb. 8 order (Quebec v. U.S., Fed. Cir. # 22-1807).
Two Feb. 6 motions for judgment from domestic petitioners and a foreign exporter both sought, for different reasons, to remand the Commerce Department’s final results in a 2021-2022 review of the antidumping duties on certain frozen warmwater shrimp from India (Ad Hoc Shrimp Trade Action Committee v U.S., CIT # 23-00202).
After oral arguments regarding a Cambodian mattress exporter’s antidumping duty rate, the exporter, the U.S. and petitioners filed post-argument submissions Feb. 7 that focused on the Commerce Department's use of nonmarket economy data in a market economy case (Best Mattresses International v. U.S., CIT Consol. # 21-00281).
The Court of International Trade on Feb. 12 sustained the Commerce Department's final results of the 2019-20 review of the antidumping duty order on retail bags from Malaysia. Judge Stephen Vaden upheld Commerce's use of adverse facts available to set inland freight expense data for U.S. sales the agency found to be unverifiable, as well as the decision not to correct a ministerial error on the grounds that notice of the error was untimely. The court said Commerce gave exporter Euro SME multiple chances to submit verifiable data after the agency found errors in the company's actual weight and inland freight data, making the use of AFA proper due to the resulting gaps in the record.
The Court of International Trade on Feb. 12 sustained the Commerce Department's decision to use a simple average of standard deviations in the denominator of Cohens d test for detecting "masked" dumping as part of the antidumping investigation of steel nails from Taiwan. The U.S. Court of Appeals for the Federal Circuit has remanded this decision twice, finding that the academic literature relies on a weighted average. On remand, Commerce said the literature uses a simple average when the sample sizes are equal and that the standard deviation of a full population is "in fact the actual standard deviation." Because the agency used the full population of data in using the Cohen's d test, using a simple average is supported, Judge Claire Kelly said.
The Commerce Department and the International Trade Commission published the following Federal Register notices Feb. 9 on AD/CVD proceedings: