The Commerce Department unlawfully failed to adjust non-selected companies' cash deposit and assessment rates to account for export subsidy offsets in an antidumping duty review, an association of Indian producers and exports of quartz surface products said in a Feb. 27 complaint at the Court of International Trade (Federation of Indian Quartz Surface Industry v. U.S., CIT # 23-00026).
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The Court of International Trade rejected the Commerce Department's imposition of a total adverse facts available rate of 154.33% on antidumping duty respondent Oman Fasteners as the result of one 16-minutes-late submission, in a Feb. 15 opinion made public Feb. 27. Judge M. Miller Baker said the lawsuit was "not a close case," blasting Commerce's inadequate explanation for why one late submission due to a filing difficulty was enough to conclude that Oman Fasteners failed to cooperate to the best of its ability or why the company deserved the punitive rate.
The Commerce Department and the International Trade Commission published the following Federal Register notices Feb. 28 on AD/CVD proceedings:
Meyer Corporation will appeal a Court of International Trade decision (see 2302090053) denying the use of first sale on Meyer's cookware imports, the company said in a notice. The case concerns first sale treatment of sets of imported pots and pans from a Thai producer and Chinese middleman related to Meyer (Meyer Corporation v. United States, CIT # 13-00154).
The Court of International Trade should reject a Commerce Department Section 129 determination on ripe olives from Spain that continued to apply countervailing duties for subsidies to upstream raw olives despite an underlying World Trade Organization ruling to the contrary, a Spanish industry association and two foreign growers and exporters of olives argued in a Feb. 27 complaint at the Court of International Trade (Asociacion de Exportadores e Industriales de Aceitunas de Mesa v. U.S., CIT # 23-00039).
The Court of International Trade upheld the Commerce Department's interpretation of the Major Inputs Rule to allow for the use of third-country surrogate data as "information available" for determining the cost of production of a major input a respondent bought from an affiliated non-market economy-based supplier.
The Commerce Department adequately addressed the U.S. Court of Appeals for the Federal Circuit's concerns over its use of the Cohen's d test as part of its differential pricing analysis to root out "masked" dumping, the Court of International Trade held in a Feb. 24 opinion sustaining use of the test in an antidumping duty investigation.
The Commerce Department and the International Trade Commission published the following Federal Register notices Feb. 27 on AD/CVD proceedings:
The following lawsuit was recently filed at the Court of International Trade: