The Commerce Department and the International Trade Commission published the following Federal Register notices Aug. 24 on AD/CVD proceedings:
Vanguard National Trailer Corporation imported steel wheels from China covered by antidumping and countervailing duty orders through evasion, according to the results of a recently released Enforce and Protect Act (EAPA) investigation. CBP said that Vanguard had entered steel wheels "using false statements that they didn't contain covered merchandise," despite the company's protests that it believed the wheels were out of scope.
The following lawsuit was recently filed at the Court of International Trade:
CBP's Office of Regulations & Rulings legally reversed the Trade Remedy & Law Enforcement Directorate's finding that Dominican company Kingtom Aluminio evaded the antidumping and countervailing duty orders on aluminum extrusions from China, the U.S. argued in an Aug. 23 reply brief at the Court of International Trade. The government said that OR&R lawfully decided not to apply adverse inferences against Kingtom as requested by petitioner Aluminum Extrusions Fair Trade Committee (Aluminum Extrusions Fair Trade Committee v. United States, CIT # 22-00236).
The Commerce Department legally levied adverse facts available related to China's Export Buyer's Credit Program and applied a 17% value-added tax rate in calculating the benchmark for the Chinese government's provision of primary aluminum for less than adequate remuneration, countervailing duty petitioner Aluminum Association Common Alloy Aluminum Sheet Trade Enforcement Working Group argued (Jiangsu Alcha Aluminum Co. v. United States, CIT # 22-00290).
The Forced Labor Enforcement Task Force (FLETF) violated the Administrative Procedure Act by failing to provide any rationale for adding Chinese printer cartridge manufacturer Ninestar Corp., along with eight of its Zhuhai-based subsidiaries, to the Uyghur Forced Labor Prevention Act (UFLPA) Entity List, the companies, led by Ninestar, argued (Ninestar Corp., et al. v. U.S., CIT # 23-00182).
The Court of International Trade on Aug. 23 upheld the Commerce Department's deduction of Section 232 duties paid by Turkish exporter Noksel Celik Boru Sanayi from its U.S. price in the 2018-19 review of the antidumping duty order on light-walled rectangular pipe and tube from Turkey. Judge Jane Restani said she saw "no reason to vary" this finding, as previously made by the U.S. Court of Appeals for the Federal Circuit, regarding the government's move to raise the duties solely on Turkish goods.
The Commerce Department and the International Trade Commission published the following Federal Register notices Aug. 23 on AD/CVD proceedings:
An importer of forged steel fittings told CBP it was never aware its Chinese supplier was participating in a scheme to transship forged steel fittings, covered by antidumping and countervailing duty orders, from China through Sri Lanka, yet CBP concluded its Enforce and Protect Act (EAPA) investigation with the determination that the importer, YVC USA, had evaded the duties, according to a recently posted notice.
The Court of International Trade on Aug. 22 upheld the Commerce Department's exclusion of hardwood plywood made by Vietnam Finewood using two-ply panels imported into Vietnam from China from the scope of the antidumping and countervailing duty orders on hardwood plywood from China. Judge Mark Barnett in an Aug. 22 opinion said the move was in line with his prior order instructing the agency to "issue a scope ruling consistent with the unambiguous terms" of the orders' scope.