The Commerce Department failed to explain its "abrupt change in practice" from its past decision finding that exporter KG Dongbu Steel's debt-to-equity restructurings were not countervailable, Dongbu argued in a July 21 opening brief at the Court of International Trade. The exporter relied on the trade court's recent opinion finding in a separate case also brought by Dongbu in which the court agreed and said that the change in practice was "arbitrary and unlawful" (see 2307100028). "The facts are the same in this appeal" on the 2020 review of the CVD order on corrosion-resistant steel products from South Korea, and the court "should reach the same conclusion here" (KG Dongbu Steel Co. v. United States, CIT # 23-00055).
The Commerce Department failed to apply "a well-established legal framework" when it continued to find on remand that heat-treated T-series sheet imported by Valeo was within the scope of the antidumping and countervailing duty orders on common alloy aluminum sheet from China, Valeo said in its remand comments submitted July 20 (Valeo North America v. U.S., CIT # 21-00581).
The Commerce Department illegally relied on unverified data from respondent Saffron Living Co. in an antidumping duty investigation on mattresses from Thailand, the Court of International Trade ruled in a July 20 opinion. While the government claimed that because Commerce was unable to verify Saffron's information, it could use the exporter's information as facts otherwise available, Judge M. Miller Baker said this reading would "eviscerate the separate requirement" that Commerce verify all information relied on in making a final determination.
The Court of International Trade in a July 21 opinion upheld the Commerce Department's 2019-20 review of the antidumping duty order on activated carbon from China. Judge Mark Barnett issued the opinion in a case consolidating three challenges -- one led by respondent Carbon Activated Tianjin Co., one by respondent Datong Juqiang Activated Carbon Co. and one from petitioner Calgon Carbon Corp. Barnett sustained Commerce's surrogate values for six activated carbon inputs: carbonized material, coal tar, hydrochloric acid, steam, ocean freight and bituminous coal. The judge also upheld the calculation of surrogate financial ratios and Commerce's acceptance of Datong Juqiang's reporting of its bituminous coal consumption.
The Court of International Trade in a July 24 opinion remanded the antidumping duty investigation on forged steel fluid end blocks from Germany. Judge Stephen Vaden sent the case back to the Commerce Department so the agency could address alleged errors in the antidumping rate calculation and because the agency did not express a clear rationale for its refusal to address petitioner Ellwood City Forge Co.'s claims on alternate legal grounds to make a particular market situation adjustment.
The Commerce Department and the International Trade Commission published the following Federal Register notices July 21 on AD/CVD proceedings:
The Commerce Department got its remand results right when it concluded that hardwood plywood made using two-ply panels imported into Vietnam from China and then exported to the U.S. by the Vietnam Finewood Company were outside the scope of antidumping and countervailing duties on hardwood plywood from China, plaintiffs Far East American and Liberty Woods International said in a July 19 response (Far East American v. U.S., CIT Consol. # 22-00049).
The Commerce Department released its remand results in a case challenging the third administrative review of the antidumping duty order on certain uncoated paper from Brazil. On remand, Commerce adjusted its cost of production calculations for AD respondent Suzano and further explained its decision as required by the court. Commerce reduced the weighted-average dumping margin from 32.31% to 8.63% in its remand results (Suzano S.A. v. U.S., CIT # 21-00069).
The Court of International Trade in a July 19 opinion upheld the Commerce Department's decision to assign exporter Double Coin Holdings the 105.31% China-wide antidumping duty rate in an administrative review of the AD order on off-the-road tires from China. Judge Timothy Stanceu said the decision complies with the court's previous decision finding that Double Coin did not rebut the presumption of Chinese state control over its export activities. No parties commented on the remand results.
The Court of International Trade in a July 19 opinion upheld the Commerce Department's decision to raise the dumping margins in the 2018-19 administrative review of the antidumping duties on heavy-walled rectangular welded carbon steel pipes and tubes from Mexico for mandatory respondents Maquilacero and Prolamsa. The margins were raised from 0% to 3.48% for Maquilacero. and from 0% to 2.11%. for Prolamsa.