The Commerce Department and the International Trade Commission published the following Federal Register notices April 24 on AD/CVD proceedings:
CBP has opened an Enforce and Protect Act investigation on whether Muller Import and U.S. Castings evaded antidumping and countervailing duty orders on cast iron soil pipe from China and has imposed interim measures, it said in a notice released April 21. CBP is also investigating whether Muller evaded separate AD/CVD orders on cast iron soil pipe fittings from China.
The Court of International Trade granted exporter Hyosung Heavy Industries Corp.'s request to dismiss its case against the Commerce Department's final results of the 2020-21 administrative review of the antidumping duty order on large power transformers from South Korea. The exporter filed the suit on April 17, then moved to toss it under Rule 41(a)(1)(A)(i), which says the case can be voluntarily dismissed before the opposing party serves an answer. No reason was provided as to why Hyosung wanted to dismiss the case (Hyosung Heavy Industries Corp. v. United States, CIT # 23-00082).
The Commerce Department wrongly said there was ambiguity in the scope of the antidumping and countervailing duty orders on hardwood plywood from China, the Court of International Trade ruled. Judge Mark Barnett, remanding Commerce's scope ruling, said the scope language and the (k)(1) sources confirm the "unambiguous" meaning of the orders' scope, which excludes two-ply panels imported from China to Vietnam.
The Commerce Department legally refused to adjust its model-match method related to coding for pasta's protein content in the 2018-19 review of the antidumping duty order on pasta from Italy, the Court of International Trade ruled. Respondent La Molisana said the agency's "breakpoint" of 12.5% protein content did not reflect the market reality, offering evidence that showed the true point separating premium from regular pasta was 13.5% protein content. Judge Richard Eaton said the company's evidence, while unrebutted, was not applicable industry-wide, making it "unreliable and insufficient."
The Commerce Department and the International Trade Commission published the following Federal Register notices April 21 on AD/CVD proceedings:
The Court of International Trade upheld parts and sent back parts of a countervailing duty case brought by Dalian Meisen Woodworking in a confidential opinion. In a letter to litigants, Judge Richard Eaton gave the parties until April 27 to inform the court what should remain confidential. The trade court previously remanded the Commerce Department's use of adverse facts available related to China's Export Buyer's Credit Program, telling the agency it must "find a practical solution" to verify information from respondents' U.S. customers showing that they did not use the EBCP (see 2205230033) (Dalian Meisen Woodworking v. U.S., Slip Op. 23-57, CIT # 20-00110).
CIT Again Upholds Commerce's Decision to Find Korea's Provision of Electricity Didn't Confer Benefit
The Court of International Trade upheld the Commerce Department's finding that the South Korean government doesn't subsidize the steel industry via the provision of electricity for less than adequate remuneration. Judge Jennifer Choe-Groves, issuing a nearly identical opinion in a second case brought by countervailing duty petitioner Nucor Corp. (see 2304190017), said the agency permissibly analyzed whether the electricity prices paid by all companies, including the two CVD respondents, were consistent with market principles and supported its decision with substantial evidence.
The Court of International Trade on April 19 remanded the results of an antidumping duty review on xanthan gum from China back to the Commerce Department. Judge Jennifer Choe-Groves ordered Commerce to reconsider its use of adverse facts available when it calculated a separate rate for Chinese producer Meihua, its use of a simple average in separate rate calculations., and whether Deosen Biochemical Ltd. and Deosen Biochemical (Ordos) Ltd. should be combined into a single entity.
The Commerce Department properly found that a particular market situation did not exist in South Korea affecting inputs for oil country tubular goods from South Korea, the Court of International Trade ruled in a case on an antidumping review on Korean OCTG. Judge Jennifer Choe-Groves said the agency legally found that hot-rolled coil imports from China and South Korea's electricity market did not constitute a PMS.