The Court of International Trade in a July 31 order granted a motion from antidumping duty petitioners led by ArcelorMittal Tubular Products seeking to file its response to the court's questions for oral argument out of time. Judge Gary Katzmann granted the request despite exporter Goodluck India's motion to clarify whether the company had to respond to the submission, seeing as the petitioners filed their response nearly an hour late without filing a request to file it out of time (Goodluck India v. United States, CIT # 22-00024).
The Court of International Trade should sustain the Commerce Department's remand results in an antidumping duty investigation on utility scale wind towers from Spain, DOJ said July 31, arguing that respondent Siemens Gamesa Renewable Energy (SGRE) failed to show that it shouldn't be subject to an AFA rate (Siemens Gamesa Renewable Energy v. U.S., CIT # 21-00449).
A sunset review of an antidumping duty order on hot-rolled steel flat products from Turkey doesn't render a request for a changed circumstances review meaningless, Turkish exporter Ereğli Demir ve Çelik Fabrikalari (Erdemir) said in a July 28 brief opposing motions to dismiss at the Court of International Trade (Ereğli Demir ve Çelik Fabrikalari v. U.S. International Trade Commission, CIT # 22-00350).
The Court of International Trade in a July 28 order upheld CBP's finding on remand that importer Diamond Tools Technology did not evade the antidumping duty order on diamond sawblades from China. The evasion finding applies to DTT's imports of diamond sawblades assembled in Thailand but made with Chinese cores and segments before Dec. 1, 2017.
The U.S. Court of Appeals for the Federal Circuit's recent ruling in Royal Brush Manufacturing v. U.S., which found that CBP violated importer Royal Brush's due process rights by not giving it access to business confidential information in an antidumping and countervailing duty evasion proceeding, "may have broader implications," including on forced labor issues, customs lawyer Lawrence Friedman said in a July 28 blog post. If the decision "applies generally, it may require that" CBP make its record fully available, including BCI, which would be an "interesting unintended consequence" of this Enforce and Protect Act case, Friedman said.
The World Trade Organization's dispute settlement body during its July 28 meeting agreed to the EU's request to create a compliance panel concerning whether the U.S. fully complied with a prior panel ruling on its countervailing duties on ripe olives from Spain. During the meeting, the EU said further action was needed given the U.S. failure to fully implement the ruling and engage with the EU, a Geneva-based trade official said in an email. The U.S. said it was disappointed the bloc requested the panel, adding that under a procedural understanding between it and the EU, the U.S. accepts the compliance panel, the official said.
The Commerce Department and the International Trade Commission published the following Federal Register notices July 31 on AD/CVD proceedings:
The Commerce Department's use of adverse facts available on countervailing duty respondent Risen Energy Co. for the Chinese government's failure to cooperate regarding the Export Buyer's Credit Program "fails to properly understand the Court precedent on this matter," Risen argued. Submitting a reply brief on July 26 at the Court of International Trade, the exporter said that while the U.S. "may be correct" that using AFA on a cooperative respondent due to the Chinese government's failure to cooperate may be legal, the court has cautioned Commerce "to mitigate the impact on the cooperating party" (Risen Energy Co. v. U.S. CIT # 22-00231).
The Court of International Trade in a July 28 order upheld CBP's finding on remand that importer Diamond Tools Technology didn't evade the antidumping duty order on diamond sawblades from China. The evasion finding applies to DTT's imports of diamond sawblades assembled in Thailand but made with Chinese cores and segments brought in before Dec. 1, 2017. CBP made the decision under respectful protest on remand upon finding that DTT did not make false statements to the agency given the court's interpretation of Commerce's understanding of the scope.
The Commerce Department improperly refused to accept relevant factual information submitted by importer Shelter Forest International Acquisition showing that its hardwood plywood was actually made in Vietnam and not China, Shelter Forest said in a complaint at the Court of International Trade. The importer said that its submissions show that its products imported from Vietnamese producer Lechenwood were made of hardwood plywood with a core made in Vietnam, thus excluding the goods from the antidumping and countervailing duty orders on hardwood plywood from China per Commerce's own definition (Shelter Forest International Acquisition v. United States, CIT # 23-00144).