The Court of International Trade in an Aug. 25 opinion sent back the Commerce Department's 2018 review of the countervailing duty order on woven ribbons from China. Judge Timothy Stanceu said the agency did not support its use of adverse facts available against exporter Yama Ribbons and Bows Co.'s alleged use of the Export Buyer's Credit Program. The judge ruled that Commerce's use of AFA was "critically flawed" since it was based on "missing" information the agency never requested from the Chinese government, adding information from the Chinese state and Yama is sufficient to refute any finding that Yama could have benefited from the program. Stanceu also remanded Commerce's finding that Yama benefited from the provision of synthetic yarn and caustic soda for less than adequate remuneration, per the agency's request, since Commerce forgot to add the document it based its finding on to the record.
Dan Wilson, former senior associate at Arnold & Porter, has joined Husch Blackwell as an international trade partner in the Washington, D.C., office, the firm announced. Joining the Technology, Manufacturing & Transportation industry group, Wilson carries experience in antidumping and countervailing duty proceedings and customs matters.
The Commerce Department and the International Trade Commission published the following Federal Register notices Aug. 25 on AD/CVD proceedings:
No lawsuits were recently filed at the Court of International Trade.
CBP's attempts to collect a 14-year-old bond for antidumping duties on Chinese garlic may be affected by the Court of International Trade's ruling in a similar case, defendant Aegis Security said in a notice of supplemental authority. CIT Judge Richard Eaton ruled on Aug. 22 that the statute of limitations for CBP to collect on customs bonds runs six years from the date of the underlying liquidation rather than from the date that CBP demanded payment (see 2308220054). Though Aegis notes that CIT judges are not bound by the decisions of other judges on the court, the company has been arguing for a similar result (see 2210270054).
The Commerce Department unnecessarily backed off of its use of adverse facts and erred in a dumping margin calculation on imported steel nails from Oman in an antidumping duty review, domestic producer and defendant-intervenor Mid Continent Steel & Wire said in remand comments filed Aug. 23. Mid Continent is contesting the July 17 remand results, in which Commerce reversed its imposition of total adverse facts available on Oman Fasteners and completely removed the 154.33% AD rate for the company (see 2307170036) (Oman Fasteners v. U.S., CIT # 22-00348).
The Commerce Department failed to adequately support its position on remand to not treat ship building company Nur Gemicilik ve Tic, an affiliate of countervailing duty respondent Kaptan Demir Celik Endustrisi ve Ticaret, as a cross-owned input supplier of goods primarily dedicated to the production of downstream products, CVD petitioner Rebar Trade Action Coalition said (Kaptan Demir Celik Endustrisi ve Ticaret v. United States, CIT # 21-00565).
Aluminum extrusion fence parts from China imported by Fortress Iron don't meet the "finished goods kit" exception to antidumping and countervailing duty orders on aluminum extrusions from China and should have been declared subject to AD/CVD, CBP found in a recently released Enforce and Protect Act (EAPA) determination. The agency found substantial evidence that Fortress had evaded AD/CVD orders by importing fence components from Chinese suppliers that didn't meet the exclusion requirements while failing to declare those imports as subject to the orders.
The Commerce Department offered greater explanations of its treatment of four types of income related to the selling, general and administrative (SG&A) expense ratio for surrogate company Ayes in the antidumping duty investigation on metal lockers from China. Submitting its remand results to the Court of International Trade Aug. 23, the agency stuck by its treatment of shipping revenue, incentive income, interest income and rental income in setting the SG&A ratio (List Industries v. U.S., CIT # 21-00521).
The Court of International Trade in an Aug. 25 opinion upheld parts and sent back parts of the Commerce Department's 2019-20 review of the antidumping duty order on multilayered wood flooring from China. Judge Jennifer Choe-Groves remanded Commerce's pick of Brazil as the primary surrogate nation while using data for log inputs from Malaysia and the agency's decision to revise the Brazilian surrogate value data for plywood. The judge upheld Commerce's calculation of the Brazilian financial ratios and the agency's denial of exporter Jiangsu Senmao Bamboo and Wood Industry Co.'s byproduct offset.