The Commerce Department and the International Trade Commission published the following Federal Register notices Dec. 15 on AD/CVD proceedings:
The following lawsuits were recently filed at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit issued its mandate in a case on the countervailing duty investigation on carbon and alloy steel cut-to-length plate from South Korea. In its opinion, the appellate court upheld the Commerce Department's finding that the Korean government didn't provide a countervailable benefit through its provision of electricity to respondents (see 2310230013). Commerce sufficiently carried out a less-than-adequate-remuneration analysis after the court rejected its original preferential rate analysis in 2019 (POSCO v. U.S., Fed. Cir. # 22-1525).
A September Court of International Trade decision is instructive in how to consider the Commerce Department's methodology for assessing de facto specificity regarding Quebec's On-The-Job-Training tax credit in a countervailing duty proceeding, exporter Marmen Energy Co. told the U.S. Court of Appeals for the Federal Circuit (Government of Quebec v. U.S., Fed. Cir. # 22-1807).
The U.S. Court of Appeals for the Federal Circuit on Dec. 13 denied requests from exporters Guizhou Tyre and Aeolus Tyre to waive the requirement that they file a joint brief in an antidumping duty case (Guizhou Tyre Co. v. United States, Fed. Cir. # 23-2163).
The Court of International Trade in a Dec. 14 opinion granted the government's request for a voluntary remand in an evasion case on hardwood plywood from China in light of two recent judicial opinions. In one, Far East American v. U.S., the Commerce Department reversed course and said that exporter Vietnam Finewood Co.'s goods are not subject to the antidumping and countervailing duty orders at issue. In the other, Royal Brush Manufacturing v. U.S., the U.S. Court of Appeals for the Federal Circuit said CBP violated an importer's due process rights by not giving it access to confidential information in an AD/CVD evasion case.
The Commerce Department and the International Trade Commission published the following Federal Register notices Dec. 14 on AD/CVD proceedings:
Multiple types of furniture imported by Moe’s Home Collection are covered by the antidumping duty order on wooden bedroom furniture from China, Commerce said Nov. 22 in a scope ruling.
Several types of collared studs exported by Competent Technologies International are not subject to antidumping duties on certain carbon and alloy steel threaded rods from Taiwan (A-583-865), the Commerce Department said in a scope ruling issued Nov. 17. The scope of the order doesn't cover the studs because they are headed.
A domestic petitioner and Indian exporters argued over how an adverse facts available antidumping duty rate for one respondent should factor into the rate for non-individually examined respondents in the Commerce Department's 2020 administrative review on quartz surface products from India (Cambria Company v. U.S., CIT Consol. # 23-00007).