The Commerce Department correctly reconsidered Nucor’s ministerial error allegations in recalculating antidumping duty rates for Prolamsa and Maquilacero in its remand results on the 2018-19 administrative review on heavy walled rectangular welded steel pipes and tubes from Mexico, Nucor said in May 26 response comments to the remand redetermination at the Court of International Trade (Nucor Tubular Products v. U.S., CIT # 21-00543).
The Court of International Trade should sustain the Commerce Department's fifth remand redetermination on the antidumping duty investigation on certain hardwood plywood products from China, said the government, a group of consolidated plaintiffs, and a defendant-intervenor, in a series of response briefs at the Court of International Trade (Linyi Chengen Import and Export Co., Ltd., et al. v. U.S., CIT Consol. # 18-00002).
The U.S. Court of Appeals for the 9th Circuit ordered parties in a False Claims Act case to file supplemental briefs on whether 19 U.S.C. 1592 has the exclusive means for recovering antidumping duties an importer illegally avoided paying via false statements, or whether the False Claims Act can also be used to recover the duties. Referred to as Section 592, the statute is the part of the Tariff Act of 1930 covering customs penalties for fraud, gross negligence and negligence. The court told the parties, including appellant Sigma Corp. and the U.S., to file the brief by June 26 (Island Industries Inc. v. Sigma Corp., 9th Cir. # 22-55063).
The Court of International Trade overlooked the principle that the Commerce Department has the burden to support its use of the expected method in antidumping cases, importer PrimeSource Building Products argued in a reply brief at the U.S. Court of Appeals for the Federal Circuit. The non-selected respondent filed the suit to challenge Commerce's decision to weight average two adverse facts available rates when calculating the non-selected respondents' rate in an administrative review on steel nails from Taiwan (PrimeSource Building Products v. United States, Fed. Cir. # 22-2128).
The Court of International Trade remanded parts and upheld parts of the Commerce Department's antidumping duty investigation on metal lockers from China. Judge Mark Barnett sent back the investigation so that Commerce can reconsider its treatment of surrogate company Ayes Celikhasir's "incentive income," "shipping revenues," "rental income" and "interest income" when calculating surrogate financial ratios. The judge sustained Commerce's treatment of certain other real operating income categories. Barnett also upheld the agency's determination that Ayes made comparable merchandise with the goods under investigation while plaintiff List Industries' preferred surrogate company, Grupo Carso, did not.
The Commerce Department and the International Trade Commission published the following Federal Register notices May 30 on AD/CVD proceedings:
The Commerce Department correctly reconsidered ministerial error comments in recalculating antidumping duty rates in its remand results on the 2018-19 administrative review on heavy walled rectangular welded steel pipes and tubes from Mexico, DOJ said in its May 25 response to remand comments at the Court of International Trade (Nucor Tubular Products v. U.S., CIT # 21-00543).
The Commerce Department incorrectly valued imported coal during an antidumping review on activated carbon from China, using a tariff schedule code for coal that was less specific than required and failing to use the best available data for valuing coal tar pitch inputs, Jilin Bright Future Chemicals said in a May 25 motion for judgment (Jilin Bright Future Chemicals Co. v. U.S., CIT # 22-00336).
Argentina launched a World Trade Organization dispute over U.S. antidumping measures on Argentinian oil country tubular goods.
The Commerce Department and the International Trade Commission published the following Federal Register notices May 26 on AD/CVD proceedings: