Antidumping duty petitioner Association of American School Paper Supplies filed for and was granted dismissal of its lawsuit challenging a review of the AD order on lined paper products from India. The petitioner filed the suit to contest the Commerce Department's use of Afghanistan as a comparison market for India, arguing that the prices in Afghanistan were not representative and shouldn't have been the basis for normal value (see 2306060041). No reason was given for the case's dismissal, but all parties that had appeared in the action agreed to it (Association of American School Paper Suppliers v. United States, CIT # 23-00102).
The Commerce Department made several errors in its handling of the resumption of an antidumping duty investigation on tomatoes from Mexico after the termination of a suspension agreement, Mexican tomato exporter Bioparques de Occidente said in a Sept. 13 reply brief at the Court of International Trade (Bioparques de Occidente v. U.S., CIT # 19-00204).
Vietnam's Ministry of Industry and Trade asked the Commerce Department to conduct a review of the country's status as a non-market economy, telling the agency that the nation's "achievements in market opening and integration into the regional and global economy" stand as grounds for review. Seeking to build on the back of the 2013 comprehensive partnership agreement between the U.S. and Vietnam, the ministry asked for a changed circumstances review of its NME status.
The Court of International Trade in a Sept. 14 opinion upheld parts and sent back parts of the Commerce Department's countervailing duty investigation on phosphate fertilizers from Morocco.
The Commerce Department and the International Trade Commission published the following Federal Register notices Sept. 15 on AD/CVD proceedings:
The Court of International Trade should sustain the Commerce Department's remand results in an antidumping duty case on xanthan gum from China, DOJ argued in its Sept. 12 response at the Court of International Trade. In June, Commerce stuck by its decisions to apply adverse facts available to Meihua, not to rescind its review of Deosen Biochemical, and not to recalculate a separate rate, in spite of a court order to reconsider all three (see 2306280043) (Meihua Group International (Hong Kong) v. U.S., CIT # 22-00069).
Groups of exporters and importers filed complaints in 19 separate cases this week challenging the Commerce Department's anti-circumvention inquiry concerning the antidumping and countervailing duty orders on hardwood plywood products from China covering exports from Vietnam.
The Commerce Department properly used the Turkish lira to value exporter Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi's home-market sales as part of the 2018-19 review of the antidumping duty order on cold-rolled steel flat products from Turkey, the Court of International Trade ruled in a Sept. 14 opinion. Judge M. Miller Baker said Commerce's use of the lira didn't violate its past practice or the established reasons underlying this practice.
The Court of International Trade in a Sept. 14 opinion remanded elements and sustained elements of the Commerce Department's countervailing duty investigation into phosphate fertilizers from Morocco.
The Commerce Department must consider evidence on remand regarding the control antidumping duty respondent Shanghai Tainai could have exerted over its suppliers before the agency hits the company with partial adverse facts available, the Court of International Trade ruled. Issuing the Sept. 14 opinion in a case on the 2019-20 review of the AD order on tapered roller bearings from China, Judge Stephen Vaden said Commerce failed to consider the factors set by the U.S. Court of Appeals for the Federal Circuit in using AFA on a fully cooperative respondent that "lacks the ability to control its suppliers."