Adi Chemtech evaded an antidumping duty order on xanthan gum from China, CBP said in the final determination of an Enforce and Protect Act investigation. The agency said it found substantial evidence that the importers had transshipped Chinese-origin xanthan gum through India, necessitating the imposition of interim measures.
The Court of International Trade on Dec. 22 sustained the Commerce Department's remand results in an antidumping duty case in which the agency was told to verify a Thai mattress importer's data "insofar as the Department relied upon that data." Judge M. Miller Baker noted because the importer, Saffron Living Co., withdrew from the case and no remaining party opposes the remand results, the court will uphold the results and the associated 763.28% antidumping duty rate for Saffron.
Exporter Jilin Bright Future Chemicals Co. failed to raise arguments on the surrogate value of bituminous coal in an antidumping duty review, the Court of International Trade ruled Dec. 21. Judge Mark Barnett said that despite Jilin Bright's argument, "this case fits squarely into the classic administrative exhaustion paradigm."
The Commerce Department and the International Trade Commission published the following Federal Register notices Dec. 22 on AD/CVD proceedings:
CBP can't extend liquidation without giving a reason, a solar panel company argued at the Court of International Trade Dec. 14 (Greentech Energy Solutions v. U.S., CIT Consol. # 23-00118.)
The government's claim that a group of Canadian softwood lumber exporters shouldn't be able to intervene in an antidumping duty case is based on "an unreasonably narrow, absurd, and constitutionally problematic reading of" the statute on parties entitled to participate in civil actions, the exporters argued (Government of Canada v. United States, CIT Consol. # 23-00187).
The Court of International Trade on Dec. 21 sustained the Commerce Department's fourth remand results in a case on an antidumping investigation into carbon and alloy steel cut-to-length plate from Germany. Judge Leo Gordon noted that the court already rejected exporter AG der Dillinger Huttenwerke's argument that Commerce improperly rejected the company's proposed quality code for sour service pressure vessel plate, adding that Dillinger didn't properly show reconsideration of the issue is "appropriate." The judge also rejected petitioner Nucor's challenge to the adjustment to the model match methodology to include a separate quality code for sour transport plate in calculating Dillinger's margin.
The Court of International Trade on Dec. 21 sustained the Commerce Department's continued rejection of exporter AG der Dillinger Huttenwerke's proposed quality code for sour service pressure vessel plate. Upholding Commerce's fourth remand results in the antidumping duty investigation on carbon and alloy steel cut-to-length plate from Germany, Judge Leo Gordon said Dillinger didn't make the "requisite showing to demonstrate that reconsideration is appropriate here" after the court already rejected the claim.
The Court of International Trade sustained the Commerce Department's use of total adverse facts available against antidumping respondent Saffron Living Co. after the company withdrew from the case on remand. Sustaining the 760% AD rate against the company in the investigation on mattresses from Thailand, Judge M. Miller Baker said the remand results are upheld since no remaining party contests the mark. The case was on remand so Commerce could attempt to verify data from Saffron, though this became impossible after Saffron withdrew from the proceeding.
The Commerce Department and the International Trade Commission published the following Federal Register notices Dec. 21 on AD/CVD proceedings: