The Commerce Department and the International Trade Commission published the following Federal Register notices Sept. 7 on AD/CVD proceedings:
A CBP Enforce and Protect Act (EAPA) investigation found that Superior Commercial Solutions engaged in evasion by undervaluation and/or transshipment through Vietnam when it imported quartz surface products covered by antidumping and countervailing duty orders.
The following lawsuits were recently filed at the Court of International Trade:
The U.S. and antidumping duty petitioner Wind Tower Trade Coalition failed to respond to the "critical arguments" raised by exporter Dongkuk S&C Co. in a case on the AD investigation on utility scale wind towers from South Korea, Dongkuk told the U.S. Court of Appeals for the Federal Circuit. In a Sept. 1 reply brief, Dongkuk said both the government and the coalition did not, or could not, establish that the Commerce Department relied on substantial evidence when it weight averaged the respondent's steel plate cost for all reported control numbers (CONNUMs) (Dongkuk S&C Co. v. U.S., Fed. Cir. #23-1419).
The U.S. Court of Appeals for the Federal Circuit in a Sept. 7 order upheld the International Trade Commission's negative injury determination in the antidumping duty investigation on fabricated structural steel from China. Judges Jimmie Reyna, William Bryson and Tiffany Cunningham ruled against the Full Member Subgroup of the American Institute of Steel Construction in finding that the ITC did not err by declining to settle an alleged ambiguity in the scope of the domestic like product, deciding that the captive production exception is not applicable and declaring that imports of fabricated structural steel did not lead to significant price effects.
The Commerce Department and the International Trade Commission published the following Federal Register notices Sept. 6 on AD/CVD proceedings:
The U.S. Court of Appeals for the Federal Circuit issued its mandate Sept. 1 in a case on the Commerce Department's use of adverse facts available against countervailing duty respondent Jangho Group. In a ruling on the 2013 review of the CVD order on aluminum extrusions, the appellate court upheld the Court of International Trade in its ruling that Commerce properly found the Chinese government and Jangho Group failed to respond to the best of their ability on whether aluminum extrusions producers are "authorities" (see 2205100076) (Taizhou United Imp. & Exp. Co. v. U.S., Fed. Cir. # 22-2000).
A case concerning the Commerce Department's refusal to start a successor-in-interest changed circumstances review for exporter GreenFirst Forest Products under the countervailing duty investigation on softwood lumber products from Canada has been dismissed with the agreement of all parties (GreenFirst Forest Products v. U.S., CIT # 22-00097).
The U.S. asked the Court of International Trade for a voluntary remand in a countervailing duty case to reconsider the calculation of benchmark prices for land and ocean freight. The government said its practice regarding the calculation of these figures has evolved since the present case was brought by Risen Energy Co. and JA Solar on the 2019 review of the CVD order on solar cells from China (Risen Energy Co. v. United States, CIT Consol. # 22-00231).
The Commerce Department erred when it found that wood boards used to produce downstream cabinet products were wood “moulding and millwork” products, importer Hardware Resources said in an Aug. 31 complaint to the Court of International Trade. The suit contests Commerce's Aug. 2 final scope ruling which found that imported edge-glued boards were within the scope of antidumping and countervailing duty orders on wood mouldings and millwork products from China (see 2308080002) (Hardware Resources v. U.S., CIT # 23-00150).