Two cases involving the 2021-2022 administrative review of the antidumping duty order on frozen warmwater shrimp from India should be consolidated by the Court of International Trade, AD petitioner Ad Hoc Shrimp Trade Action Committee told the court in its Nov. 2 consolidation request (Ad Hoc Shrimp Trade Action Committee v. U.S., CIT # 23-00202; Megaa Moda Private Limited v. U.S., CIT # 23-00205).
The Commerce Department's decision not to give the South Korean government a chance to submit data from the Korean Electric Power Corporation as part of the agency's analysis of the provision of electricity for less than adequate remuneration was not backed by substantial evidence, exporter Hyundai Steel Co. argued (Hyundai Steel Co. v. United States, CIT # 23-00211).
The Commerce Department added another respondent to the 2016-17 review of the antidumping duty order on passenger vehicle and light truck tires from China after the U.S. Court of Appeals for the Federal Circuit said the agency couldn't limit the review to one mandatory respondent. Tapping exporter Kenda Rubber (China) Co. in its remand results, Commerce calculated an 18.15% dumping margin for the exporter, also leading to a recalculation of the separate AD rate, which now sits at 41.36%, down from 64.57%. The China-wide rate held steady at 87.99% (YC Rubber Co. (North America) v. United States, CIT # 19-000069).
The Commerce Department and the International Trade Commission published the following Federal Register notices Nov. 3 on AD/CVD proceedings:
CBP has determined that LDL Trading Company evaded the antidumping and countervailing duty orders on cast iron soil pipe and cast iron soil pipe fittings from China, it announced in an Oct. 30 notice. CBP said that substantial evidence showed that LDL imported Chinese-origin soil pipe and fittings transshipped through Malaysia and misclassified covered merchandise as goods not subject to the AD/CVD orders.
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade in a Nov. 2 order granted petitioner Sierra Pacific Industries' notice of dismissal in a case involving the final results of the 2021 administrative review of the antidumping duty order on softwood lumber products from Canada. The case was filed in October and dismissed before a complaint was filed (Sierra Pacific Industries v. United States, CIT # 23-00207).
The U.S. Court of Appeals for the Federal Circuit in a text-only order granted a motion to extend time to file an opening brief from exporters Double Coin Holdings and China Manufacturers Alliance in a case involving a review of the antidumping duty order on off-the-road tires from China. The exporters now have until Nov. 28 to file the opening brief in a case whin ich the Court of International Trade upheld the Commerce Department's decision to assign Double Coin the 105.31% China-wide dumping rate due to the company's failure to rebut the presumption of Chinese state control over its export activities (see 2307200020) (China Manufacturers Alliance v. United States, Fed. Cir. # 23-2391).
The Court of International Trade stayed a customs case concerning importer Cambridge Isotope Laboratories' enriched ammonium sulfate isotope until Dec. 11, given that Cambridge is consulting with the relevant antidumping and countervailing duty petitioners for a "partial revocation of the AD/CVD Orders on Ammonium Sulfide from China." Cambridge filed suit to contest CBP's assessment of the AD/CVD on the imports (see 2308300052) (Cambridge Isotope Laboratories v. United States, CIT # 23-00080).
The Commerce Department correctly found that lemon juice exporter Louis Dreyfus Co. (LDC) was not affiliated with its unnamed primary fresh lemon supplier and correctly applied a de minimis rate to LDC, DOJ said in its Nov. 1 reply brief at the Court of International Trade. The brief responded to antidumping duty petitioner Ventura's August motion for judgment (see 2308040029) (Ventura Coastal v. U.S., CIT # 23-00009).