The Commerce Department unlawfully miscalculated duty rates and allowed a foreign producer too much leeway in the final results of its first antidumping administrative review of forged steel fluid end blocks from Italy, petitioner Ellwood City Forge Co. said in an Oct. 13 complaint at the Court of International Trade. Ellwood asked the court to remand the case to Commerce for reconsideration (Ellwood City Forge Co. v. U.S., CIT # 23-00191).
CBP's decision to assess antidumping and countervailing duties on its 2019 imports of solar modules from Vietnam could only be challenged under 28 U.S.C. § 1581(i) because no other jurisdictions were available to provide relief of the "unprecedented" imposition of AD and CVD on merchandise not subject to an AD or CVD order, Greentech Energy Solutions said in its Oct. 12 response to DOJ's earlier motion to dismiss a case regarding imports of solar modules from Vietnam (Greentech Energy Solutions v. U.S., CIT # 23-00118).
The Commerce Department continued on remand to use antidumping duty respondent Nexco's acquisition costs as a proxy for the cost of production of beekeeper-suppliers as part of the antidumping duty investigation on raw honey from Argentina. Submitting its remand results to the Court of International Trade on Oct. 13, Commerce also stuck by its decision to compare Nexco's U.S. sale prices with normal values based on Nexco's third-country sale prices to Germany on a monthly basis instead of a quarterly basis (Nexco v. U.S., CIT # 22-00203).
The Commerce Department and the International Trade Commission published the following Federal Register notices Oct. 13 on AD/CVD proceedings:
The following lawsuit was recently filed at the Court of International Trade:
The Commerce Department is seeking additional "bites at the apple" in an Enforce and Protect Act case despite its evasion finding being unsupported, Norca Industrial Company said in an Oct. 11 reply at the Court of International Trade. Norca opposes CBP's request for an additional 90 days of remand proceedings, arguing that the issue is already decided since its carbon steel butt-weld pipe fittings are out of scope. "This inquiry should end. Not in 90 days, but now," Norca said (Norca Industrial Company v. United States, CIT Consol. # 21-00192).
The Commerce Department made no changes to subsidy rates calculated for the countervailing duty investigation of phosphate fertilizers from Russia, according to remand results it submitted to the Court of International Trade on Oct. 11 (The Mosaic Company v. U.S., CIT # 21-00117).
The Commerce Department isn't allowed to rely on its past practice if it's contrary to a statute, though it "has sought to do just that in" the antidumping duty investigation on wind towers from Spain, the Court of International Trade ruled in an Oct. 12 opinion. Judge Timothy Stanceu said Commerce can't assign an individual company's adverse facts available rate to an entire collapsed entity in the present circumstances. The judge sent back the investigation for a second time, taking Commerce to task for ignoring the court's prior orders.
The Commerce Department and the International Trade Commission published the following Federal Register notices Oct. 12 on AD/CVD proceedings:
Trade lawyers and importers are wondering how the anti-stockpiling element of a two-year pause on trade remedy circumvention deposits will be enforced.