The first ruling from the World Trade Organization's multiparty interim appeal arbitration arrangement (MPIA), an alternative to the defunct Appellate Body, put on display the various new facets of the new MPIA, according to one of the arbitrators who is also a Geneva Graduate Institute law professor. The ruling involved Colombian antidumping duties on frozen fries from certain EU countries, with novelties including word and time limits, a prehearing conference, and an online recording of the hearing, Joost Pauwelyn said in a March 6 blog post.
The Commerce Department and the International Trade Commission published the following Federal Register notices March 7 on AD/CVD proceedings:
The following lawsuit was recently filed at the Court of International Trade:
The Court of International Trade in a March 3 order consolidated three actions challenging the International Trade Commission's final determination in the injury investigation on oil country tubular goods (OCTG) from Argentina, Mexico, Russia and South Korea and related investigations by the Commerce Department (Tenaris Bay City, et al. v. United States, CIT Consol. # 22-00344). The cases, brought by Tenairs Bay City, Maverick Tube, Ipsco Tubulars, Tenaris Global Services and Siderca, argued, among other things, that the ITC improperly cumulated imports from the four countries despite evidence that Mexican and Argentinian OCTG had different uses, were sold to different users and did not compete with Russian and South Korean OCTG (see 2301180047). The plaintiffs also claimed that Commerce incorrectly evaluated industry support calculations by the antidumping and countervailing duty petitioners.
The Commerce Department this week stuck by its decision in an antidumping duty review on welded line pipe from South Korea to include losses on suspended product lines as part of antidumping duty respondent Nexteel Co.'s general and administrative (G&A) expenses, instead of as the cost of goods sold (Nexteel Co. v. United States, CIT # 20-03898).
The Commerce Department and the International Trade Commission published the following Federal Register notices March 6 on AD/CVD proceedings:
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade should deny steel manufacturer Saha Thai's request for a revised dumping margin because the company failed to exhaust its administrative remedies, defendant-intervenors Wheatland Tube and Nucor Tubular said in a March 3 brief (Saha Thai Steel Pipe v. U.S., CIT # 21-00627).
The U.S. Court of Appeals for the Federal Circuit on March 2 deferred a U.S. motion to dismiss an Enforce and Protect Act case to the merits panel assigned to the case. The government wanted the case tossed because all the entries at issue had been liquidated (Royal Brush Manufacturing v. United States, Fed. Cir. # 22-1226).
The Court of International Trade should order the Commerce Department to treat Indonesia as being at the same level of economic development as Vietnam for the purposes of an antidumping surrogate country analysis, plaintiffs, led by Catfish Farmers of America, said in a proposed remand order at the trade court March 2. The remand order would alternatively have Commerce "provide adequate explanation and support for declining to" treat Indonesia at the same level as Vietnam (Catfish Farmers of America v. U.S., CIT # 20-00105).