The U.S. again pushed back Jan. 6 against domestic producer Deer Park Glycine’s claim that the Court of International Trade has jurisdiction over its challenge to a denied scope ruling application (see 2412050059) (Deer Park Glycine v. U.S., CIT # 24-00016).
The Commerce Department adequately calculated the boat freight surrogate value in an antidumping duty review without making an adjustment for distance, the U.S. argued. Responding to respondent Giti Tire Global Trading's motion for judgment at the Court of International Trade, the government said Commerce showed that its calculation was in line with its past practice (Giti Tire Global Trading v. United States, CIT # 24-00083).
The U.S. Court of Appeals for the Federal Circuit issued its mandate on Jan. 7 after rejecting Canadian lumber exporter J.D. Irving's attempt to challenge the denial of an antidumping duty cash deposit rate under Section 1581(i). The company recently petitioned the Supreme Court to hear the case (see 2501020026). CAFC dismissed the case after finding its true nature to be a challenge to a former AD rate received by J.D. Irving, making jurisdiction proper under Section 1581(c) (see 2410100042). In addition, the court said relief could be sought either before a binational panel or in an AD review (J.D. Irving v. United States, Fed. Cir. # 23-1652).
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The U.S. Court of Appeals for the Federal Circuit on Jan. 7 clarified the standard Commerce must follow when determining how high it can set a review respondent’s antidumping duty rate based on adverse inferences. Rejecting a "single sentence" justification for an adverse facts available rate Commerce offered in the final results of a review, it held the department may not drastically depart from accuracy without establishing a "particularly strong need to deter noncompliance" based on record evidence showing unreasonable negligence or intentional misconduct.
The Commerce Department and the International Trade Commission published the following Federal Register notices Jan. 7 on AD/CVD proceedings:
The U.S. Court of Appeals for the Federal Circuit held Jan. 7 that the Commerce Department can't significantly depart from accuracy when setting adverse facts available rates without showing a "particularly strong need to deter noncompliance." Rejecting the department's single-sentence justification for a 154.33% AFA AD rate, it said Commerce was required to look to record evidence and evaluate "common factors" such as intent, recidivism or unreasonable carelessness when setting an unusually high rate.
The International Trade Commission on Jan. 3 amended its rules of practice and procedure to make various technical corrections, clarify certain provisions, harmonize parts of the ITC's rules and "address concerns that have arisen in Commission practice." The amendments include "replacing gender-specific language with gender-neutral language in the rules," eliminating paper copies and to permanently abide by e-filing requirements, and clarifying the sufficiency of a complaint alleging a violation of Section 337.
The Commerce Department and the International Trade Commission published the following Federal Register notices Jan. 6 on AD/CVD proceedings:
Parties filed a stipulated judgment Jan. 3 for a 2012 case regarding imported light-sensitive materials used in photography (Tokyo Ohka Kogyo America v. United States, CIT # 12-00261).