The Commerce Department and the International Trade Commission published the following Federal Register notices Dec. 16 on AD/CVD proceedings:
The Customs Rulings Online Search System (CROSS) was updated between Dec. 4 and Dec. 6 with the following headquarters ruling (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
The Commerce Department ignored court precedent when it found magnesia carbon bricks from China that contained alumina were subject to antidumping and countervailing duties, the Court of International Trade said in a decision issued Dec. 12.
The Court of International Trade on Dec. 16 remanded the Commerce Department's decision to include importer Hardware Resources' edge-glued boards in the antidumping and countervailing duty orders on wood mouldings and millwork products from China. In his first decision since joining the court, Judge Joseph Laroski held that Commerce failed to consider whether Hardware Resources' products were, in fact, mouldings or millwork products under the orders' plain language.
The Commerce Department and the International Trade Commission published the following Federal Register notices Dec. 13 on AD/CVD proceedings:
The following lawsuits were recently filed at the Court of International Trade:
The Commerce Department erred in finding that respondent Habich and its U.S. sales agent aren't affiliated, as well as in its calculations of Habich's normal value based on its third-country sales to Mexico, petitioner Lumimove, doing business as WPC Technologies, argued. Filing a motion for judgment at the Court of International Trade on Dec. 5, WPC said Commerce's failure to further investigate the alleged affiliation between Habich and its U.S. sales agent amounted to a "dereliction of duty" (Lumimove, Inc., d/b/a WPC Technologies v. U.S., CIT # 24-00105).
The Court of International Trade on Dec. 12 remanded the 2021 countervailing duty review on cut-to-length carbon-quality steel plate from South Korea in a confidential decision. Judge Claire Kelly gave the parties until Dec. 16 to review the confidential information in the decision. The central issue in the case is the Commerce Department's finding of de facto specificity regarding the South Korean government's alleged provision of electricity for less than adequate remuneration (see 2408130046). Parties in the case also contest Commerce's refusal to accept the 2021 cost information from the state electricity company, KEPCO, as being untimely filed (Hyundai Steel Co. v. U.S., CIT # 23-00211).
The Commerce Department has the inherent authority to set procedural requirements in its antidumping duty and countervailing duty proceedings, making its revocation of certain AD orders lawful given that no interested domestic party filed a notice of intent to participate in sunset reviews on the orders, the agency said. Filing its opening brief at the U.S. Court of Appeals for the Federal Circuit on Dec. 11, Commerce said the Court of International Trade's rejection of its action usurped the department's clear authority to fix its own procedures (Archroma U.S. v. U.S., Fed. Cir. # 24-2159).
The Commerce Department and the International Trade Commission published the following Federal Register notices Dec. 12 on AD/CVD proceedings: