The Commerce Department and the International Trade Commission published the following Federal Register notices March 27 on AD/CVD proceedings:
The Commerce Department committed a "clear legal error" by failing to follow the statute and its own prior practice by using acquisition prices paid by antidumping duty respondent Nexco as opposed to actual cost data from the beekeepers themselves for the cost of production in an AD investigation on raw honey from Argentina, Nexco argued in a March 24 reply brief. The respondent said there is nothing "pragmatic" about disregarding the actual costs of making the merchandise under review in favor of acquisition prices, as the government claims (Nexco v. U.S., CIT # 22-00203).
A German steel producer cannot claim that the Commerce Department used adverse inferences in selecting the producer's own submitted information, DOJ said in a March 23 response brief at the Court of International Trade defending Commerce's third remand redetermination on an antidumping duty investigation on carbon and alloy steel cut-to-length plate from Germany. DOJ said Commerce complied with the court's order to further explain the department's use of Dillinger’s normal books and records as facts otherwise available (AG Der Dillinger Huttenwerke v. U.S., CIT Consol. # 17-00158).
The Commerce Department and the International Trade Commission published the following Federal Register notices March 24 on AD/CVD proceedings:
Missouri-based steel distributor Mid Continent Steel & Wire will appeal a Feb. 15 opinion by Court of International Trade Judge M. Miller Baker that nullified a "draconian" antidumping duty rate imposed on Oman Fasteners, according to a March 23 notice of appeal to the U.S. Court of Appeals for the Federal Circuit. In the CIT case, Baker found that Commerce abused its discretion by using adverse facts available to calculate a dumping rate of 154.33% for Oman Fasteners based on a single filing submitted 16 minutes late (see 2302280040). The case at CIT is still ongoing (Oman Fasteners v, United States, CIT # 22-0348).
The Court of International Trade should affirm Commerce's remand redetermination in a countervailing duty investigation on granular polytetrafluorethylene resin from India, despite the department dropping a subsidy under protest, Commerce said in its March 16 response to remand comments (Gujarat Fluorochemicals Ltd. v. U.S., CIT # 22-00120).
The International Trade Commission's decision not to cumulate imports of cold-rolled steel from Brazil with the other countries under consideration in the five-year reviews of the antidumping and countervailing duty orders on cold-rolled steel flat products "was clearly inconsistent" with the Court of International Trade's past rulings on cumulation in sunset reviews, a group of U.S. companies argued (Cleveland-Cliffs v. United States, CIT # 22-00257).
The World Trade Organization's published agenda for the Dispute Settlement Body's March 31 meeting includes U.S. status reports on the implementation of DSB recommendations on antidumping measures on certain hot-rolled steel products from Japan; antidumping and countervailing measures on large residential washers from South Korea; certain methodologies and their application to antidumping proceedings involving China; and Section 110(5) of the U.S. Copyright Act. Status reports also are expected from Indonesia on measures related to the import of horticultural products, animals and animal products, and from the EU on measures affecting the approval and marketing of biotech products.
The Commerce Department and the International Trade Commission published the following Federal Register notices March 23 on AD/CVD proceedings:
The Court of International Trade should disallow a respondent in an antidumping duty case on steel nails from Taiwan to speaki at oral arguments, plaintiff Mid Continent Steel & Wire said in a March 20 opposition motion (Mid Continent Steel & Wire v. U.S., CIT # 15-00213).