Usage rights at the Port of Incheon granted to Hyundai Steel by the Korean government are countervailable, but did not require a less than adequate remuneration (LTAR) analysis as part of a countervailing duty investigation, the Commerce Department said in its April 10 remand results at the Court of International Trade (Hyundai Steel Company v. U.S., CIT # 21-00536).
The Court of International Trade substituted its own judgment for the Commerce Department's when it overruled the agency's rejection of antidumping duty respondent Z.A. Sea Foods' (ZASF's) Vietnamese sales as third country sales in an AD review on frozen warmwater shrimp from India, AD petitioner Ad Hoc Shrimp Trade Action Committee argued in its opening brief at the U.S. Court of Appeals for the Federal Circuit (Z.A. Sea Foods Private Ltd. v. U.S., Fed. Cir. # 23-1469).
The Court of International Trade on April 11 sent back the Commerce Department's remand results in a case on the sixth administrative review of the countervailing duty order on crystalline silicon photovoltaic cells from China. Judge Jane Restani ruled Commerce did not properly use adverse facts available for respondent Risen Energy Co.'s alleged use of China's Export Buyer's Credit Program, finding the exporter provided enough gap-filling information from its customers to show that 95% of its sales did not benefit from the EBCP. Restani also sent back the agency's use of a 2010 CBRE market view report for Thailand in its land benchmark calculation and Commerce's use of Descartes data to value ocean freight.
The Court of International Trade on April 11 ordered the Commerce Department to redo parts of its final results of its first administrative review of the antidumping order on glycine from Japan. Judge Alexander Vaden remanded for Commerce to reconsider its determination that the "compensation for payment expense" was properly categorized as a general and administrative expense. The judge found that Commerce's decision to use generally accepted accounting principles-compliant research and development cost records instead of trial balances was supported by law and that Nagase waited too long in finding its own assessment rate error and cannot use the court to force a correction from Commerce.
The Commerce Department and the International Trade Commission published the following Federal Register notices April 10 on AD/CVD proceedings:
A domestic steel company is challenging the Commerce Department's finding in a countervailing duty administrative review that electricity in South Korea that was provided for less than adequate remuneration conferred no benefit. CVD petitioner Nucor Corp. also argued in its complaint at the Court of International Trade that Commerce was required verify questionnaire responses from the South Korean government regarding the provision of the electricity (Nucor Corp. v. United States, CIT # 23-00058).
The U.S. will not participate in the appeal at the U.S. Court of Appeals for the Federal Circuit over whether the Court of International Trade improperly granted an injunction against antidumping duty cash deposits on steel nails from Oman. The government sent a letter to the appellate court telling it that it didn't file a notice of appeal in the case, so it will not be filing a brief nor participating in any oral argument (Oman Fasteners v. United States, Fed Cir. # 23-1661).
The entire U.S. Court of Appeals for the Federal Circuit must review a three-judge panel's decision finding that China Custom Manufacturing Inc.'s solar panel mounts do not qualify for the "finished merchandise" exclusion from antidumping and countervailing duty orders on aluminum extrusions from China, CCM argued. The exporter said that full court rehearing is needed to "secure and maintain uniformity" of the appellate court's prior decision regarding the "unambiguous plain language" of the finished merchandise exclusion rule (China Custom Manufacturing v. United States, Fed. Cir. # 22-1345).
The Commerce Department and the International Trade Commission published the following Federal Register notices April 7 on AD/CVD proceedings:
The following lawsuit was recently filed at the Court of International Trade: