Antidumping duty petitioner Mid Continent Steel & Wire does not have standing to appeal a Court of International Trade decision barring the government from collected AD cash deposits from exporter Oman Fasteners at the "punitive" 154.33% dumping rate, Oman Fasteners argued in a reply brief at the U.S. Court of Appeals for the Federal Circuit. Mid Continent is not subject to the injunction and cannot establish legally protected interest in the injunction, "which merely keeps Oman Fasteners in business until a final rate can be determined," the brief said (Oman Fasteners v. United States, Fed. Cir. # 23-1661).
The Commerce Department and the International Trade Commission published the following Federal Register notices May 24 on AD/CVD proceedings:
Trailer wheels manufactured by Asia Wheel in Thailand using discs and rims produced in Thailand from steel plates from China or a third country are not subject to the antidumping and countervailing duty orders on certain steel wheels 12 to 16.5 inches in diameter from China, the Commerce Department said in a scope ruling issued in April.
No lawsuits were recently filed at the Court of International Trade.
The Commerce Department correctly applied adverse facts available when it decided to countervail the Chinese Export Buyer’s Credit Program (EBCP) in its second administrative review of the countervailing duty order on truck and bus tires from China, DOJ argued in a May 22 response to respondent Qingdao Ge Rui Da Rubber Co.'s (GRT's) motion for judgment (Qingdao Ge Rui Da Rubber Co., Ltd., v. United States, CIT # 22-00229).
Canadian Exporter Revives Dismissed Complaint Against Commerce's Cash Deposit Instructions on Appeal
The Court of International Trade should not have dismissed a case involving Commerce's cash deposit instructions to CBP after the 2019 administrative review of the antidumping duty order on softwood lumber products from Canada for lack of jurisdiction, J.D. Irving said in its May 22 brief at the U.S. Court of Appeals for the Federal Circuit (J.D. Irving Ltd. v. U.S., Fed. Cir. # 2023-1652).
Claims made by importer Aspects Furniture International that questioned CBP evidence in an Enforce and Protect Act investigation lack merit, the U.S. said in a reply brief at the Court of International Trade. The bedroom furniture importer “advances numerous arguments that quibble with credibility findings and overlook detailed explanations provided by Customs," the government said following a remand proceeding at the trade court (Aspects Furniture International v. United States, CIT # 20-03824).
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The Court of International Trade on May 22 upheld the Commerce Department's finding that both Guizhou Tyre Co. (GTC) and Double Coin Holdings failed to rebut the presumption of Chinese government control in the antidumping duty investigation on truck and bus tires from China. Despite Commerce's "inartful and internally-inconsistent approach" to the question of whether a company majority-owned by a government entity could ever prove to be free of government control, Judge Timothy Stanceu said the agency did enough to show that Double Coin did not pick its managers independently of the government-owned shareholder.
The Court of International Trade appeared in a May 22 decision to sympathize with the idea that the Commerce Department should have taken into account a cooperative China-wide exporter's own data to recalculate the China-wide rate in an antidumping review, but ultimately the court declined to remand for a recalculation because the exporter had requested a remand to make it a separate rate respondent, not to review the China-wide entity.