The Commerce Department and the International Trade Commission published the following Federal Register notices Dec. 11 on AD/CVD proceedings:
The following lawsuits were filed recently at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit on Dec. 8 issued its mandate in an appeal concerning the International Trade Commission's critical circumstances finding that a surge of imports of Vietnamese raw honey from after the date the antidumping duty petition was filed was likely to undermine the remedial purpose of the AD order on the honey. In October, the court said the ITC doesn't have to identify whether a surge of imports subject to AD duties has an adverse impact on the time period after which the final AD order is issued to make a critical circumstances finding (see 2510150032) (Sweet Harvest Foods v. United States, Fed. Cir. # 24-1371, -1370).
In a motion for judgment filed Dec. 9, ferrosilicon exporter TNC Kazchrome JSC said the Commerce Department had been wrong to apply adverse facts available to it, resulting in a 265.52% countervailing duty rate, for information it provided early in the CVD investigation (TNC Kazchrome JSC v. United States, CIT # 25-00128).
The Commerce Department excluded exporter Export Packers Company's individually quick frozen cooked garlic cloves from the scope of the antidumping duty order on fresh garlic from China on remand at the Court of International Trade. Submitting its remand results on Dec. 9 under protest, Commerce said that while it disagrees with the trade court's reasoning for remanding the case, it's respecting the court's ruling and following "the Court's logic, under protest, to its natural conclusion" and excluding the company's products from the AD order (Export Packers Company v. United States, CIT # 24-00061).
The Commerce Department dropped its finding that a South Korean electricity subsidy is de facto specific on remand in a case at the Court of International Trade concerning the 2021 administrative review of the countervailing duty order on carbon and alloy steel cut-to-length plate from South Korea (POSCO v. U.S., CIT # 24-00006).
The Court of International Trade on Dec. 11 sustained the Commerce Department's remand results in the antidumping duty investigation on mobile access equipment from China. Judge M. Miller Baker upheld Commerce's decisions to use Maersk price quotes to value ocean freight and value minor fabricated components using Harmonized Tariff Schedule subheading 8431.20.90 data.
The Commerce Department and the International Trade Commission published the following Federal Register notices Dec. 10 on AD/CVD proceedings:
In a Dec. 3 reply supporting its motion for judgment, Nura said that the ITC “did not undertake the analysis that defendants claim is correct” to reach its affirmative critical circumstances finding (Nura USA v. United States, CIT Consol. # 24-00182).
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