Importer AM Stone & Cabinets filed a pair of complaints at the Court of International Trade, arguing that its products were unlawfully found to have been made in China based on adverse facts available, despite the company's full cooperation and a lack of evidence showing that its products were made in China (AM Stone & Cabinets v. United States, CIT #s 24-00241, -00243).
Leaning on Loper Bright, Chinese solar cell exporter Yingli Energy pushed back against the Commerce Department’s usual presumption that exporters in nonmarket economies are under governmental control (Yingli Energy (China) Co. v. United States, CIT # 24-00131).
The Court of International Trade on Jan. 17 upheld the Commerce Department's decision on remand to not countervail three debt-to-equity infusions to exporter KG Dongbu Steel Co. in the 2019 countervailing duty review on corrosion-resistant steel products from South Korea. Judge Jennifer Choe-Groves held that the evidence doesn't directly support a finding that the SouthKorean government pressured non-governmental institutions to take part in debt restructuring.
The Commerce Department and the International Trade Commission published the following Federal Register notices Jan. 17 on AD/CVD proceedings:
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Commerce Department defended its finding that currency undervaluation in Vietnam is specific to the traded goods sector, submitting remand results to the Court of International Trade on Jan. 15. The agency addressed various points the trade court sent back for further explanation, including Commerce's statutory authority for its specificity finding and the information the agency found missing from the record as its basis for using facts available (Kumho Tire (Vietnam) Co. v. United States, CIT Consol. # 21-00397).
The Court of International Trade on Jan. 16 said the Korean government's full allotment of carbon emissions credits to exporter Hyundai Steel Co. is de jure specific. Judge M. Miller Baker issued a decision in a pair of cases on the issue, finding that the conditions for eligibility for the additional credits aren't neutral and are based on "the substantive character" of the company's "operations."
The U.S. Court of Appeals for the Federal Circuit on Jan. 16 denied exporter Koehler Oberkirch's petition for writ of mandamus, which sought to have the appellate court review the Court of International Trade's decision that the government could effect service on the company via its U.S. counsel. Judges Timothy Dyk, Tiffany Cunningham and Leonard Stark said Koehler failed to meet the "demanding standard" for granting mandamus relief (In Re Koehler Oberkirch, Fed. Cir. # 25-106).
The Commerce Department appropriately declined to countervail three debt-to-equity swaps received by exporter KG Dongbu Steel in the 2019 CVD review of corrosion-resistant steel products from South Korea, the Court of International Trade held on Jan. 17. Judge Jennifer Choe-Groves said the evidence doesn't support a finding that the government pressured nongovernmental institutions to take part in the company's debt restructuring. The court also upheld Commerce's reconsideration of its calculation of the "uncreditworthy benchmark rate" and "unequityworthy discount rate," given that no party contested the marks.
The Commerce Department and the International Trade Commission published the following Federal Register notices Jan. 16 on AD/CVD proceedings: