The Court of International Trade dismissed on April 5 an antidumping duty case from Prosperity Tieh Enterprise Co. for failing to file a complaint "within the period prescribed by" the U.S. Code. The exporter filed the case to contest the Commerce Department's final results of the 2020-21 administrative review of the AD order on corrosion-resistant steel products from Taiwan. The case was dismissed fir lack of prosecution under CIT rules (Prosperity Tieh Enterprise Co. v. U.S., CIT # 23-00052).
The U.S. Court of Appeals for the Federal Circuit rejected antidumping duty petitioner Mid Continent Steel & Wire's motion to expedite briefing in an appeal of a Court of International Trade decision to grant an injunction against AD cash deposits. Judge Kara Stoll said that Mid Continent can continue to self-expedite its own briefs, but that it "has not made a sufficient showing to shorten the time for" exporter and appellee Oman Fasteners (Oman Fasteners v. United States, Fed. Cir. # 23-1661).
Costs incurred by South Korean pipe producer Nexteel's suspended production lines should not have been treated as general and administrative costs by the Commerce Department during an antidumping duty review on welded line pipe from South Korea, Nexteel told the Court of International Trade in its April 5 comments on Commerce's remand results (Nexteel Co. v. U.S., CIT # 20-03898).
The Commerce Department erred when it decided that debt-to-equity swaps as part of a corporate workout program for Korean steel manufacturer Dongbu were countervailable subsidies, the company said in an April 6 complaint at the Court of International Trade (KG Dongbu Steel Co. v. U.S., CIT # 23-00055).
The Commerce Department and the International Trade Commission published the following Federal Register notices April 6 on AD/CVD proceedings:
A bid for reconsideration of a Court of International Trade decision permitting four U.S. steel companies to intervene in an ITC case (see 2303150072) is an attempt to relitigate the issue, and fails to satisfy the "high" standard for reconsideration, the U.S. steel companies said in a reply brief. The companies, Cleveland-Cliifs, Nucor Corp., Steel Dynamics and SSAB Enterprises, said that exporter Eregli Demir ve Celik Fabrikalari (Erdemir) failed to point to any specific legal authority for reconsideration of the intervention decision (Eregli Demir ve Celik Fabrikalari v. United States, CIT # 22-00349).
The Commerce Department incorrectly applied adverse facts available to a Spanish olive producer and incorrectly applied a standard for determining product demand in its third administrative review of the countervailing duty order on ripe olives from Spain, the Asociación de Exportadores e Industriales de Aceitunas de Mesa (ASEMESA), Agro Sevilla and Angel Camacho said in their April 4 complaint to the Court of International Trade (Asociación de Exportadores e Industriales de Aceitunas de Mesa; Agro Sevilla Aceitunas S. Coop. And., Angel Camacho Alimentación, S.L., v. U.S., CIT # 23-00076).
The U.S. cannot escape Congress' plain meaning in requiring CBP to distribute interest assessed after liquidation, known as delinquency interest, under the Continued Dumping and Subsidy Offset Act, "no matter how many new arguments DOJ throws into its brief on appeal," appellants led by Hilex Poly Co. argued in a reply brief at the U.S. Court of Appeals for the Federal Circuit. DOJ tries to "rewrite history," seeing as its interpretation "flies in the face of the statute's command to distribute 'all interest,'" the brief said (Hilex Poly Co. v. United States, Fed. Cir. # 22-2106).
The Commerce Department and the International Trade Commission published the following Federal Register notices April 4-5 on AD/CVD proceedings:
The Commerce Department continued to ignore a Court of International Trade remand order when it continued to refuse in its remand results to grant a changed circumstances review for GreenFirst Forest, the company said in its April 3 comments (GreenFirst Forest Products v. U.S., CIT # 22-00097).