The Commerce Department and the International Trade Commission published the following Federal Register notices Sept. 21 on AD/CVD proceedings:
The Commerce Department shifted to entirely relying on adverse facts available rates for antidumping duty respondent Saffron Living Co. on remand in a case on the AD investigation on mattresses from Thailand. The result is a 763.28% margin for Saffron and a 572.66% mark for all-other exporters, up considerably from 37.48% prior to the remand (Brooklyn Bedding v. United States, CIT # 21-00285).
The Court of International Trade on Sept. 20 upheld the Commerce Department's decision on remand to include importer SMA Surface's Twilight product within the scope of the antidumping and countervailing duty orders on quartz surface products from China. Judge Gary Katzmann said that SMA Surfaces waived its challenge to the remand, which said the product doesn't qualify for the crushed glass surface product exclusion, by failing to present developed arguments in response to the remand decision.
China will appeal a World Trade Organization panel ruling rejecting its claim that the retaliatory tariffs placed on the U.S. in response to Section 232 duties were justified, the country's Ministry of Commerce said Sept. 19, according to an unofficial translation. Beijing will appeal "into the void" seeing as the Appellate Body currently doesn't function, barring future enforcement action against China in the dispute.
The following lawsuits were recently filed at the Court of International Trade:
The Commerce Department lawfully selected surrogate values, calculated rates, applied adverse facts, and correctly decided to deny a separate rate to Trina during its eighth administrative review of the antidumping duty order on crystalline silicon photovoltaic cells from China, DOJ told the Court of International Trade in a Sept. 18 reply (Jinko Solar Import and Export Co. v. U.S., CIT # 22-00219).
Exporters Carbon Activated Tianjin Co. and Carbon Activated Corp. will appeal a July Court of International Trade decision upholding the Commerce Department's surrogate value picks for five inputs in an administrative review of the antidumping duty order on activated carbon from China (see 2307240049). The five inputs are carbonized material, coal tar, hydrochloric acid, steam and bituminous coal. Per the notice of appeal, the exporters will take the case to the U.S. Court of Appeals for the Federal Circuit. In the opinion, the trade court also sustained the valuation of ocean freight costs, calculation of surrogate financial ratios and acceptance of respondent Datong Juqiang Activated Carbon Co.'s reporting of its bituminous coal consumption (Carbon Activated Tianjin Co. v. United States, CIT Consol. # 22-00017).
The Court of International Trade in a Sept. 19 opinion said the Commerce Department properly allowed respondent Hyundai Heavy Industries Co. to supplement its questionnaire response on remand by providing additional information pertaining to service-related revenues and expenses. Judge Mark Barnett said the supplement was permitted pursuant to a U.S. Court of Appeals for the Federal Circuit decision, which said that Hyundai should have been given the chance to supplement the record and that Commerce's use of partial adverse facts available was "unsupported by substantial evidence."
The Court of International Trade in a Sept. 20 opinion upheld the Commerce Department's decision to find that importer SMA Surface's Twilight product does not qualify for the crushed glass surface products exclusion under the scope of the antidumping and countervailing duty orders on quartz surface products from China. Judge Gary Katzmann said SMA Surfaces waived its objections to this finding, which Commerce issued on remand, when the importer "did not brief any arguments specific to Commerce's analysis and explanation." Additionally, the judge said the remand results "adequately addressed" the importer's preliminary objections.
The Commerce Department and the International Trade Commission published the following Federal Register notices Sept. 19 on AD/CVD proceedings: