The Commerce Department continued to find that India was the appropriate primary surrogate country in its 16th administrative review of the antidumping duty order on certain frozen fish fillets from Vietnam, it said in remand results filed Nov. 6 at the Court of International Trade (Catfish Farmers of America v. U.S., CIT # 21-00380)
Judges at the U.S. Court of Appeals for the Federal Circuit questioned antidumping duty petitioner Wheatland Tube Co. and respondent Saha Thai Steel Pipe Public Co. during a Nov. 7 oral argument over Wheatland's claim that a Commerce Department scope ruling improperly excluded dual-stenciled pipe from the AD order on circular welded carbon steel pipes and tubes from Thailand (Saha Thai Steel Pipe Public Co. v. United States, Fed. Cir. # 22-2181).
CBP abused its discretion by ignoring explicit antidumping and countervailing duty scope language when it found that importer and AD/CVD petitioner Pitts Enterprises evaded the AD/CVD orders on chassis and subassemblies thereof from China, Pitts argued in a Nov. 6 complaint at the Court of International Trade. The importer admitted to integrating Chinese axle and landing gear leg components into finished chassis shipments, which were finished in Vietnam, but it said individual Chinese components were "explicitly removed from the scope" (Pitts Enterprises v. U.S., CIT # 23-00234).
The Commerce Department and the International Trade Commission published the following Federal Register notices Nov. 7 on AD/CVD proceedings:
The Customs Rulings Online Search System (CROSS) was updated Nov. 6 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 lawsuit was recently filed at the Court of International Trade:
Importer Amini Innovation Corp. filed a stipulation of dismissal Nov. 6 in its challenge to the Commerce Department's scope ruling that found Amini's upholstered furniture was subject to the antidumping duty order on wooden bedroom furniture from China. Amini argued in its suit that its goods were not subject to the order because they differ from the in-scope furniture in terms of the products' physical characteristics, expectations of ultimate purchasers, ultimate use, channels of trade and manner in which they were advertised (see 2305250043) (Amini Innovation Corp. v. U.S., CIT # 23-00090).
The "true nature" of a case brought by Turkish exporter Eregli Demir ve Celik Fabrikalari (Erdemir) is to challenge the International Trade Commission's finding on non-negligiblity in the underlying antidumping duty investigation on hot-rolled steel from Turkey, despite Erdemir's insistance that the challenge is to the ITC's decision not to hold a reconsideration proceeding, a group of defendant-intervenors led by Cleveland-Cliffs said in their Nov. 3 reply at the Court of International Trade (Eregli Demir ve Celik Fabrikalari v. U.S. International Trade Commission, CIT # 22-00349).
The U.S. addressed all three of the U.S. Court of Appeals for the Federal Circuit's concerns regarding the Commerce Department's use of the Cohen's d test to find "masked" dumping in antidumping duty proceedings, the government told the appellate court. Submitting its reply brief on Nov. 6 in the lead case on Commerce's use of the test, the U.S. claimed that data sets with non-normal distribution "do not inevitably lead to inaccurate results," the ratio test used as part of its differential pricing analysis accounts for data sets with small amounts of numbers and the test runs effectively involving data sets with small variance (Stupp Corp. v. United States, Fed. Cir. # 23-1663).
The Commerce Department and the International Trade Commission published the following Federal Register notices Nov. 6 on AD/CVD proceedings: