The Commerce Department must reconsider its explanation that all costs stemming from a merger are for expanding normal business operations and thus not extraordinary, the Court of International Trade ruled April 20. Judge Gary Katzmann said Commerce laid out this explanation "without citing to agency practice or court precedent, or any accounting principles supporting its position."
The Court of International Trade remanded a Commerce Department scope ruling that found that two-ply panels imported from China to Vietnam fell under the scope of the antidumping and countervailing duty orders on hardwood plywood from China. Judge Mark Barnett said the scope language and the (k)(1) sources confirm the unambiguous meaning of the orders' scope, which excludes the two-ply panels. The court also upheld Commerce's rejection of Interglobal Forest's initial and rebuttal scope comments and ordered that Vietnam Finewood Co. be dismissed from the case since the company dissolved in 2019.
Two attorneys with Sandler Travis, Sarah Yuskaitis and Joshua Rodman, were promoted to members, the firm announced. Yuskaitis joined Sandler Travis in 2017 and primarily advises clients on antidumping and countervailing duty and trade remedies proceedings. Rodman joined the firm in 2019 and centers his practice on export controls and sanctions compliance.
The Commerce Department and the International Trade Commission published the following Federal Register notices April 20 on AD/CVD proceedings:
The Court of International Trade upheld the Commerce Department's finding that the South Korean government's provision of electricity was for less than adequate remuneration but did not confer a benefit in a countervailing duty review. Judge Jennifer Choe-Groves ruled 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 upheld in part and sent back in part the Commerce Department's remand results in a case on the 2018-19 antidumping duty review on uncoated paper from Brazil. Judge Gary Katzmann ruled Commerce properly found that respondent Suzano's derivative losses were not investment losses or extraordinary. Suzano had said the losses were extraordinary and thus should be excluded from its costs of production.
The Court of International Trade on April 19 remanded the final results of an antidumping duty review on xanthan gum for the Commerce Department to reconsider its use of adverse facts available when it assigned a dumping rate of 154.07% to Chinese producer Meihua Group, its separate rate calculation for two other respondents, and whether it could combine Deosen Biochemical Ltd. and Deosen Biochemical (Ordos) Ltd. into a single entity. Judge Jennifer Choe-Groves said Commerce failed to fulfill its statutory obligation by not swiftly informing Meihua of a deficiency in its submission before determining it failed to cooperate.
Correction: The Court of International Trade on April 19 remanded the final results of an antidumping duty review on xanthan gum for the Commerce Department to reconsider its use of adverse facts available when it assigned a dumping rate of 154.07% to Chinese producer Meihua Group, its separate rate calculation for two other respondents, and whether it could combine Deosen Biochemical Ltd. and Deosen Biochemical (Ordos) Ltd. into a single entity. Judge Jennifer Choe-Groves said Commerce failed to fulfill its statutory obligation by not swiftly informing Meihua of a deficiency in its submission before determining it failed to cooperate.
The Commerce Department and the International Trade Commission published the following Federal Register notices April 19 on AD/CVD proceedings:
The U.S. Court of Appeals for the Federal Circuit granted a U.S. motion for 4,000 more words to file in its reply brief in an appeal of the Commerce Department's finding that Vandewater International's steel branch outlets are within the scope of an antidumping duty order on butt-weld pipe fittings. The government said it needs 18,000 words to address the "volume of information and arguments in the two opening briefs" (see 2304120044). The other parties in the appeal consented to the request (Vandewater International v. United States, Fed. Cir. # 23-1093).