The U.S. and antidumping duty petitioner Wind Tower Trade Coalition defended the Commerce Department's decision to weight average, or "smooth," respondent Marmen's steel plate costs in the AD investigation on utility scale wind towers from Canada (Marmen v. United States, Fed. Cir. # 23-1877).
An Italian tire company had not adequately proven it wasn't controlled by the Chinese government, especially as substantial evidence existed to the contrary, the U.S. said Jan. 5 in response to the exporter’s appeal to the U.S. Court of Appeals for the Federal Circuit (Pirelli Tyre v. U.S., Fed. Cir. # 23-2266).
The Commerce Department swapped its use of partial adverse facts available for partial neutral facts available for antidumping duty respondent Shanghai Tainai Bearing Co. after admitting that it isn't able to determine whether Tainai has "sufficient control over its suppliers to induce their cooperation" (Shanghai Tainai Bearing Co. v. United States, CIT # 22-00038).
The Court of International Trade in a Jan. 5 opinion made public Jan. 16 sustained the Commerce Department's remand results reversing the use of adverse facts available against exporter Oman Fasteners for filing submitted 16 minutes late. The result is a zero percent margin for the company as part of the sixth antidumping review on steel nails from Oman. Judge M. Miller Baker upheld Commerce's use of Oman Fasteners' quarterly costs and not annual costs in calculating the company's cost of production, as well as its decision not to deduct Section 232 steel and aluminum duties from the U.S. price for all of Oman's entries.
The Commerce Department and the International Trade Commission published the following Federal Register notices Jan. 12 on AD/CVD proceedings:
Fifteen models of torque tubes imported by NEXTracker aren't covered by antidumping and countervailing duty orders on circular welded carbon quality steel pipe from China, the Commerce Department said in a Jan. 8 scope ruling.
Finished chassis imported by Pitts Enterprises that include Chinese-origin axles and landing gears are covered by antidumping and countervailing subsidy duties on chassis from China, the Commerce Department said in a Jan. 10 scope ruling.
The Customs Rulings Online Search System (CROSS) was updated Jan. 9-10 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
The following lawsuits were filed recently at the Court of International Trade:
An Indian stainless steel flanges exporter sought Jan. 8 to have the Court of International Trade reconsider part of its opinion upholding the company’s adverse facts available antidumping duty rate from the 2018-19 administrative review on its products (Kisaan Die Tech Private Ltd. v. U.S., CIT Consol. # 21-00512).