The use of an entire population of data instead of a sample "sufficiently negates" the questions raised by the U.S. Court of Appeals for the Federal Circuit on the use of the Cohen's d test in the differential pricing analysis to root out "masked" dumping, the Court of International Trade held in a Feb. 23 opinion rejecting antidumping duty respondent SeAH Steel Corp.'s bid for reconsideration.
The Court of International Trade in a Feb. 24 opinion denied plaintiff Grupo Simec's bid for a preliminary injunction against cash deposits in an antidumping duty case covering rebar from Mexico. Judge Stephen Vaden said Grupo Simec failed to clear the "high standard" of proving it would suffer irreparable harm absent the injunction because the company failed to show the "immediacy" of the harm it would suffer should it continue to pay cash deposits.
The Court of International Trade in a Feb. 17 opinion made public Feb. 24 upheld the Commerce Department's interpretation of the Major Inputs Rule to allow the use of third-country surrogate data as "information available" for finding the cost of production of a major input bought from an affiliated non-market economy-based supplier.
On the World Trade Organization's published agenda for the Dispute Settlement Body's Feb. 27 meeting are: 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 Feb. 23 on AD/CVD proceedings:
The Commerce Department arbitrarily and capriciously applied partial adverse facts available when calculating a final antidumping duty on tapered roller bearings, even though the missing information was irrelevant and could not be obtained from unrelated third parties, manufacturer Tainai said in a Feb. 21 complaint to the Court of International Trade (Shanghai Tainai Bearing v. U.S., CIT # 23-00020).
Defendant-intervenor Endura Products dropped out of an Enforce and Protect Act case at the Court of International Trade after its bid for a stay in the action pending the resolution of a scope proceeding also at the trade court was denied (see 2302060069). Submitting a motion to withdraw Feb. 21, Endura said it "no longer has an interest in the current appeal" (Columbia Aluminum Products v. United States, CIT # 19-00185).
The Commerce Department "explicitly mischaracterized record evidence" when it said countervailing duty respondent Qingdao Ge Rui Da Rubber Co.'s (GRT's) only U.S. customer didn't certify that it had not used China's Export Buyer's Credit Program, the respondent argued in a Feb. 17 motion for judgment at the Court of International Trade. Commerce also failed to properly use adverse facts available over the EBCP, since the agency is required to find whether any information on the record could fill the gap that renders AFA unnecessary, but did not, the motion said (Qingdao Ge Rui Da Rubber Co., Ltd., v. United States, CIT # 22-00229).
A horizontal lawnmower engine should be excluded from the antidumping and countervailing duty orders on certain vertical shaft engines between 99cc and up to 225cc from China, given the plain language of the orders' scope excludes horizontal engines, exporter Zhejiang Amerisun Technology Co. argued in a Feb. 21 complaint at the Court of International Trade (Zhejiang Amerisun Technology Co. v. United States, CIT # 23-00011).
The Court of International Trade in a Feb. 23 order denied antidumping respondent SeAH Steel's request for reconsideration of the court's opinion upholding the Commerce Department's use of the Cohen's d test as part of its differential pricing analysis. SeAH said the case should be reconsidered given the Court of Appeals for the Federal Circuit's opinion in Stupp v. U.S. calling into question the use of the test, which is used to root out "masked" dumping. Judge Jennifer Choe-Groves ruled the use of an entire population of data rather than just a sample "sufficiently negates" the questions raised in Stupp.