The U.S. Court of Appeals for the Federal Circuit on July 5 dismissed importer Amsted Rail's conflict-of-interest suit concerning attorney Daniel Pickard and his firm, Buchanan Ingersoll, in an injury proceeding at the International Trade Commission. Amsted Rail filed a joint stipulation of voluntary dismissal a few days prior in the suit that the Court of International Trade previously dismissed for lack of jurisdiction (see 2211160057).
The Court of International Trade on July 6 again remanded 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, finding the agency did not address CIT's concerns in an initial remand about how the agency's successor-in-interest practice applies to non-individually examined companies
The Court of International Trade on July 7 remanded a case contesting an antidumping duty administrative review on frozen fish fillets from Vietnam. The still-confidential order from Judge M. Miller Baker directs Commerce to reconsider its surrogate country selection process and to consider countries at a “comparable level of economic development” as potential surrogates on an equal basis with countries Commerce deems to be at “the same level of economic development” (Catfish Farmers of America v. U.S., CIT # 21-00380).
CBP announced an Enforce and Protect Act investigation on whether Suzhou Quality Import and Export had evaded antidumping and countervailing duties on aluminum extrusions from China and imposed interim measures. The investigation followed a January allegation by the Aluminum Extrusions Fair Trade Committee, which said Suzhou Quality had entered Chinese-origin aluminum extrusions subject to the AD/CVD into the U.S. without declaring them subject to those orders or paying the required cash deposits.
The Commerce department’s decision to use the all-others rate from an earlier antidumping duty investigation on quartz surface products to calculate the rate for the non-selected respondents in the first administrative review should be remanded to the agency, AD petitioner Cambria said in a June 30 motion at the Court of International Trade (Cambria Co. v. United States, CIT # 23-00007).
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The duty drawback methodology applied by the Commerce Department to Turkish exporter Assan Aluminyum Sanayi ve Ticaret is "fundamentally flawed" and cuts against the statute's plain language, antidumping duty petitioner Aluminum Association Common Alloy Aluminum Sheet Trade Enforcement Working Group told the Court of International Trade in a brief on Commerce's remand results on the AD investigation on common alloy aluminum sheet from Turkey (Assan Aluminyum Sanayi ve Ticaret v. U.S., CIT #21-00246).
The Court of International Trade in a July 6 opinion sent back the Commerce Department's denial of exporter GreenFirst Forest Products' request for a successor-in-interest changed circumstances review for the purposes of countervailing duties on softwood lumber products from Canada. GreenFirst sought the review after it acquired Rayonier A.M. Canada's lumber mills, arguing it is entitled to RYAM's "non-selected" CVD rate rather than the 14.19% all-others rate. Judge Claire Kelly remanded Commerce's decision not to start the review for the second time, finding the agency did not address her question of why Commerce's successor-in-interest practice is reasonable for non-individually examined companies.
The Commerce Department and the International Trade Commission published the following Federal Register notices July 5 on AD/CVD proceedings:
Neither DOJ nor the Commerce Department provided a definition of the term "easement" in relation to Commerce's finding that a "conditional easement" exempting input supplier Nur Gemicilik from paying rent on land was a good provided by the Turkish government and subject to a less than adequate remuneration (LTAR) analysis, exporter Kaptan Demir Celik Endustrisi ve Ticaret argued in a reply brief (Kaptan Demir Celik Endustrisi ve Ticaret, CIT # 22-00149).