The Commerce Department and the International Trade Commission published the following Federal Register notices Dec. 11 on AD/CVD proceedings:
Antidumping duty petitioner Coalition for Fair Trade in Hardwood Plywood will appeal an October Court of International Trade decision sustaining the Commerce Department's fifth remand results in the AD investigation on hardwood plywood products from China. The court upheld Commerce'se separate rate calculation along with its decisions to exclude Jiangyang Wood and Dehua TB from the AD order, and to include Sanfortune Wood and Longyuan Wood within the order (see 2310100045). As stated in the notice of appeal, the coalition will take the case to the U.S. Court of Appeals for the Federal Circuit (Linyi Chengen Import and Export Co. v. United States, CIT Consol. # 18-00002).
A South Korean steel export company told the Court of International Trade that government intervention before and during its sale to new owners didn't constitute continuing government subsidies, saying the acquisition was still made at fair market value (KG Dongbu Steel v. U.S., CIT # 23-00055).
The Commerce Department stuck by its decision to apply to countervailing duty respondent The Ancientree Cabinet Co. adverse facts available related to its alleged receipt of benefits under China's Export Buyer's Credit Program. In Dec. 6 remand results to the Court of International Trade, Commerce said it tried to verify Ancientree's submissions regarding its customers' non-use of the EBCP but was unable to verify key information regarding non-use, leading to the continued AFA rate for the exporter (Dalian Meisen Woodworking Co. v. United States, CIT # 20-00110).
The Commerce Department reverted to a previously used land benchmark calculation for its 2017 administrative review of the countervailing duty order on solar cells from China. The court previously had sent back the land benchmark formula for violating the scope of an earlier remand order, telling Commerce to use the calculation from its first remand, in which the agency used a 2010 Coldwell Banker Richard Ellis (CBRE) land report to set the benchmark (see 2311170034) (Risen Energy Co. v. U.S., CIT # 20-03912).
The Court of International Trade in a Dec. 8 opinion remanded the Commerce Department's 2018-19 antidumping review of stainless steel flanges from India. Judge Timothy Stanceu found fault with Commerce's selection of only one individual respondent in the review, which led to the non-individually examined exporters receiving the lone respondent's 145.25% adverse facts available rate. Stanceu added that these companies were also assessed the AFA rate rate in violation of the statute's "reasonable method" requirement.
The Commerce Department and the International Trade Commission published the following Federal Register notices Dec. 8 on AD/CVD proceedings:
Colony Gums and Marine Hydrocolloids 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.
More than 50 agriculture interests, led by the National Corn Growers Association, asked the International Trade Commission to reconsider the impact of weather in 2019 when examining the phosphate purchases and import patterns of farmers, as the Court of International Trade instructed it to (see 2309190060). Flooding along the Mississippi River led to shipment problems for fertilizer, as well as fields that couldn't be planted.
The following lawsuits were recently filed at the Court of International Trade: