The Court of International Trade's recent decision in MTD Products v. U.S., which upheld the International Trade Commission's retroactive application of antidumping and countervailing duties on small vertical shaft engines from China, is "particularly instructive" in a case brought by Sweet Harvest Foods, the ITC said in a notice of supplemental authority. In MTD, the trade court upheld an ITC critical circumstances decision "under the same legal framework that applies in the instant case," the commission said (Sweet Harvest Foods v. United States, CIT # 22-00188).
The Court of International Trade shouldn't grant a stay in an antidumping case pending the expiration of the deadline to appeal the court's recent decision in another case that deals with the Commerce Department's use of the Cohen's d test to root out "masked" dumping, two exporters argued March 20. HiSteel Co. and Dong-A Steel Co. said the court shouldn't grant the stay because their action doesn't deal with the same issue as the recent decision in Stupp Corp. v. U.S.
Commerce illegally departed from its standard methodology when it decided to use third-country control number (CONNUM) costs in the final results of an antidumping duty review on lined paper products from India and then attempted to obscure its standard practice as a defense in court, Navneet said in a March 17 reply at the Court of International Trade. The court should remand the case to Commerce with instructions to recalculate Navneet’s 20.22% dumping margin, the brief said (Navneet Education v. U.S., CIT # 22-00132).
The Commerce Department and the International Trade Commission published the following Federal Register notices March 22 on AD/CVD proceedings:
Canadian company J.D. Irving will appeal a January Court of International Trade decision dismissing its challenge of the Commerce Department's cash deposit instructions to CBP after the 2019 administrative review of the antidumping duty order on softwood lumber products from Canada for lack of jurisdiction. Per the notice of appeal, J.D. Irving will take its case to the U.S. Court of Appeals for the Federal Circuit. In the trade court's opinion, Judge Timothy Reif said that the court did not have jurisdiction under Section 1581(i) since jurisdiction would have been available under Section 1581(c) (J.D. Irving v. United States, CIT # 21-00641).
The Commerce Department's determination to use acquisition costs as a proxy for costs of production without applying adverse inferences in its antidumping duty investigation covering raw honey from India was necessary to account for the structure of the Indian honey industry, with thousands of beekeepers and middlemen, and derived from lessons learned in a previous AD proceeding involving honey, DOJ argued in a March 17 reply brief at the Court of International Trade (American Honey Producers Association v. U.S., CIT # 22-00195).
The Court of International Trade in a confidential March 21 opinion upheld parts and sent back parts of the Commerce Department's final results in the first administrative review of the countervailing duty order on aluminum foil from China. In a letter to litigants, Judge Timothy Reif gave the parties until March 28 to review any confidential information in the opinion. The plaintiffs, led by Jiangsu Zhongji Lamination Materials Co., filed a five-count complaint in the proceeding to contest Commerce's calculation of the benchmark for the aluminum sheet, primary aluminum and land for less than adequate remuneration programs. The plaintiffs also contested the agency's decision to reject additional benchmark and land information from Jiangsu Zhongji (Jiangsu Zhongji Lamination Materials Co. v. United States, CIT # 21-00133).
The Commerce Department dropped its use of a cost-based particular market situation adjustment in an antidumping duty review for exporter Garg Tube on remand at the Court of International Trade, decreasing the company's dumping rate from 13.90% to 8.42% if the remand results are sustained. The agency said that because of the U.S. Court of Appeals for the Federal Circuit's holding in Hyundai Steel v. U.S., which found such an adjustment illegal under the 2015 Trade Preferences Extension Act (see 2108050070), it no longer was able to make the adjustment in the 2018-19 administrative review of the AD order on welded carbon steel standard pipes and tubes from India (Garg Tube Export v. U.S., CIT # 21-00169).
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Minority ownership by government-controlled entities does not change the presumption of government control, Court of International Trade Judge Jennifer Choe-Groves ruled in a March 20 opinion. The opinion upheld the Commerce Department's use of the China-wide rate for Pirelli Tyre on remand, with Choe-Groves holding that Pirelli failed to rebut the presumption in an antidumping duty administrative review of certain passenger vehicle and light truck tires from China.