The Commerce department revised the antidumping margin for Italian steel exporter Officine Tecnosider to zero percent in its Sept. 11 remand results. The department reached its revised rate using the quarterly cost of production methodology instead of its standard annual analysis (Officine Tecnosider v. United States, CIT # 23-00001).
The Court of International Trade in a Sept. 12 opinion dismissed two claims in an antidumping duty review case, saying success on the arguments would not lead to a changed dumping margin for respondents HiSteel Co. and Dong-a-Steel Co. The claims challenged the Commerce Department's use of the transactions disregarded rule applied to HiSteel's reported costs of slitting services and its adjustment of HiSteel's reported scrap offset. Judge Gary Katzmann said HiSteel's alleged injuries are more "conjectural or hypothetical" than "actual or imminent."
The Commerce Department and the International Trade Commission published the following Federal Register notices Sept. 12 on AD/CVD proceedings:
Exporters China Manufacturer Alliance and Double Coin Holdings will appeal a July Court of International Trade opinion upholding the Commerce Department's decision to assign Double Coin the 105.31% China-wide dumping rate in an administrative review of the AD order on off-the-road tires from China. Per the notice of appeal, the companies will take the case to the U.S. Court of Appeals for the Federal Circuit. In the case, the trade court said that the decision comports with the court's past decision finding that Double Coin did not rebut the presumption of Chinese state control over its export activities (see 2307200020) (China Manufacturers Alliance v. United States, CIT # 15-00124).
The Commerce Department can't use information it knows to be incorrect, exporter Nagase said in its Sept. 8 remand comments to the Court of International Trade. In its Aug. 9 remand redetermination (see 2308100028) covering the 2018-20 administrative review of the antidumping duty order on glycine from Japan, Commerce knew that the constructed export price value sales were incorrect but used those values anyway despite correct information on the record, Nagase said. The court can't sustain a determination created using knowingly false information, Nagase said, arguing for another remand (Nagase & Co. v. U.S., CIT # 21-00574).
The Court of International Trade in a Sept. 12 opinion dismissed two counts from exporter HiSteel Co. in a case on the 2019-20 review of the antidumping duty order on heavy walled rectangular welded carbon steel pipes and tubes from South Korea. Judge Gary Katzmann dismissed as nonjusticiable the counts that challenged the Commerce Department's use of the transactions disregarded rule for HiSteel's reported costs of slitting services and its adjustment of HiSteel's reported scrap offset. He said prevailing on the two claims would not lead to a change in the dumping margin. Katzmann stayed the case, which also contests the agency's use of the Cohen's d test to root out "masked" dumping, pending resolution of Stupp Corp. v. U.S. at the U.S. Court of Appeals for the Federal Circuit.
The Commerce Department and the International Trade Commission published the following Federal Register notices Sept. 11 on AD/CVD proceedings:
The following lawsuit was recently filed at the Court of International Trade:
The U.S. asked for a stay of a case at the U.S. Court of Appeals for the Federal Circuit on an Enforce and Protect Act investigation on the alleged transshipment of Chinese xanthan gum via India. The government said the case should be suspended until the Royal Brush Manufacturing v. U.S. matter is resolved (All One God Faith v. United States, Fed. Cir. #s 23-1078, -1081).
The Commerce Department erred by not removing countervailing duty costs from the prices used to establish export price and constructed export price in the 2021 review of the antidumping duty order on softwood lumber products from Canada, petitioner Committee Overseeing Action for Lumber International Trade Investigations or Negotiations argued (Committee Overseeing Action for Lumber International Trade Investigations or Negotiations v. U.S., CIT # 23-00189).