The Commerce Department and the International Trade Commission published the following Federal Register notices May 23 on AD/CVD proceedings:
The following lawsuit was recently filed at the Court of International Trade:
The Commerce Department should have at least allowed Japanese steel exporter Tokyo Steel to participate in an antidumping review on hot-rolled steel flat products from Japan as a voluntary respondent, importer Optima Steel International said in a May complaint at the Court of International Trade, arguing Commerce improperly chose only one respondent in the review (Optima Steel International v. U.S., CIT # 23-00108).
The Court of International Trade recently upheld the Commerce Department's finding that exporter Shantou Red Garden Food Processing Co. (Shantou Processing) was not the successor-in-interest to Red Garden Food Processing Co. (Red Garden), which subjected the exporter to antidumping duties on frozen warmwater shrimp from China.
The Commerce Department legally found that Chinese respondents in an antidumping investigation and review failed to rebut the presumption of de facto government control, the Court of International Trade ruled in a pair of opinions. In a suit contesting the 2015-16 review of the AD order on off-the-road tires from China, Judge Timothy Stanceu said Guizhou Tyre did not rebut the presumption of Chinese state control of the company's export functions, failing its bid for a separate rate. In a case on the AD investigation on truck and bus tires from China, Stanceu ruled that Guizhou Tyre and Double Coin both failed to rebut the presumption of government control of their export functions.
The Commerce Department and the International Trade Commission published the following Federal Register notices May 22 on AD/CVD proceedings:
Interpipe Ukraine and North American Interpipe dropped an antidumping duty case at the Court of International Trade concerning the legality of deducting from a company's U.S. price the amount of Section 232 steel and aluminum duties. The case was stayed pending resolution of an action brought by Borusan Mannesmann Boru Sanayi ve Ticaret at the U.S. Court of Appeals for the Federal Circuit on the same issue. In that case, the appellate court said the Commerce Department can legally make this deduction (see 2305160037) (Interpipe Ukraine v. United States, CIT # 21-00530).
The Court of International Trade upheld the Commerce Department's deduction of President Donald Trump's Section 232 steel and aluminum duties from an exporter's U.S. price in an antidumping duty proceeding. Judge Jane Restani said the issue had already been resolved by the U.S. Court of Appeals for the Federal Circuit in favor of Commerce. The judge's one-page opinion on the 2018-19 administrative review of the AD order on circular welded carbon steel standard pipe and tube products from Turkey is identical to two of the court's orders issued prior, concluding similar suits also brought by exporter Borusan Mannesmann on the 2019-20 and 2020-21 reviews of the AD order (see 2305160037) (Borusan Mannesmann Boru Sanayi ve Ticaret v. U.S., CIT # 21-00132).
Turkish exporter Eregli Demir ve Celik Fabrikalari's complaint challenging the International Trade Commission's decision not to institute a changed circumstances review of the antidumping duty order on hot-rolled steel flat products from Turkey should be dismissed because it's moot after the ITC subsequently decided to conduct a sunset review, the U.S. and five U.S. steel companies led by Cleveland-Cliffs argued in a pair of briefs (Eregli Demir ve Celik Fabrikalari v. U.S. International Trade Commission, CIT # 22-00350).
Commerce misconstrued its own regulations when it ordered CBP to liquidate entries of Goodluck India's cold drawn mechanical tubing from India at a 33.7% adverse facts available antidumping duty rate derived from a subsequent court decision, rather than the zero percent rate that was actually in effect at the time of entry, the company said in a May 15 brief at the Court of International Trade (Goodluck India v. U.S., CIT # 22-00024).