The Court of International Trade on Jan. 8 sustained the Commerce Department's finding on remand that exporter Co May Import-Export Company didn't have a bona fide sale of subject merchandise during the review period of a new shipper review. Judge Jane Restani said the decision complies with the court's remand order.
The Court of International Trade on Jan. 8 sustained the Commerce Department's overhead ratio calculations following a remand from the U.S. Court of Appeals for the Federal Circuit regarding the agency's treatment of energy and manufacturing overhead costs in the 2017-18 administrative review of the antidumping duty order on solar cells from China.
The Commerce Department and the International Trade Commission published the following Federal Register notices Jan. 8 on AD/CVD proceedings:
In separate remand comments, Chinese solar cell exporters pushed back against the Commerce Department’s refusal on remand to put aside its valuation of solar glass using Romanian Harmonized Tariff Schedule subheading 7007.19.80 in a 2019-20 antidumping duty review (see 2509290044) (Jinko Solar Import and Export Co. v. United States, CIT Consol. # 22-00219).
Perkins Coie offered its initial defense in a malpractice suit against the firm relating to its representation of exporter Oman Fasteners in various antidumping duty and countervailing duty proceedings.
The Court of International Trade on Jan. 8 sustained the Commerce Department's remand results in the 2017-18 review of the antidumping duty order on solar cells from China following a remand from the U.S. Court of Appeals for the Federal Circuit on Commerce's overhead ratio calculations due to issues with the agency's energy and manufacturing overhead determinations. For energy costs, the judge said Commerce adequately supported its decision to use inventories costs in the denominator of the overhead ratio, since "some amount of energy costs is contained in inventories costs" and the agency can't strip out the non-energy costs. Regarding the manufacturing overhead costs, Kelly said the evidence supports Commerce's inferences that "inventories costs include some energy costs" and "the difference between cost of sales and inventories costs reflects manufacturing overhead."
The Commerce Department erred in determining that U.S. seafood seller Luscious Seafood didn't make a "bona fide" sale of the domestic like product as part of an antidumping duty review on Vietnamese frozen fish fillets, the Court of International Trade held in a decision made public Jan. 6.
The Court of International Trade on Jan. 8 sustained the Commerce Department's final determination in the countervailing duty investigation of frozen warmwater shrimp from Vietnam. Judge Leo Gordon held that the court "cannot agree" with plaintiff Soc Trang Seafood that Commerce acted unreasonably when it found that the Thailand Board of Investment's "Cost of doing Business in Thailand 2023" report constituted the "best available information on the record for establishing a benchmark to value land rented from government authorities."
The Commerce Department and the International Trade Commission published the following Federal Register notices Jan. 7 on AD/CVD proceedings:
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