The Court of International Trade in a Feb. 9 opinion again called the Commerce Department's non-market economy policies into question, sending back the Commerce Department's remand results in a case on the fifth administrative review of multilayered wood flooring from China. On remand, Commerce continued to find that AD respondent Jilin Forest Industry Jinqiao Flooring Group Co. failed to show that it was not controlled by the Chinese state. Judge Richard Eaton said that since Commerce has not shown its policy of assigning mandatory respondents the one non-market economy rate to have either statutory or regulatory backing, the agency must reconsider how it legally hit Jilin with the China-wide rate.
The Commerce Department and the International Trade Commission published the following Federal Register notices Feb. 8 on AD/CVD proceedings:
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade should dismiss a penalty case against defendant Zhe "John" Liu since the statute of limitations had run out by the time the case was filed, and because the government has not established how Liu was connected to the allegedly fraudulent scheme, Liu argued in a Feb 7 brief at the Court of International Trade (U.S. vs. Zhe "John" Liu, CIT # 22-00215).
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The Commerce Department published notices in the Federal Register Feb. 7 on the following AD/CV duty proceedings (any notices that announce changes to AD/CV duty rates, scope, affected firms or effective dates will be detailed in another ITT article):
CBP has opened an Enforce and Protect Act investigation on whether LDL Trading Company is evading antidumping and countervailing duty orders on cast iron soil pipe and pipe fittings from China, and has imposed interim measures, according to Feb. 1 notice.
CBP has opened an Enforce and Protect Act investigation on whether Superior Commercial Services (SCS) evaded antidumping and countervailing duty orders on quartz surface products from China and has imposed interim measures, according to Feb. 2 notice. The agency said there is a reasonable suspicion that SCS transshipped quartz surface products from China through Vietnam to evade AD/CVD of up to 526.14%.
The following lawsuits were recently filed at the Court of International Trade:
The Commerce Department failed to support its finding that the provision of electricity for less than adequate remuneration conferred a non-measurable benefit in a countervailing duty proceeding involving goods from South Korea, CVD petitioner Nucor Corp. argued in a Feb. 3 complaint at the Court of International Trade. Nucor also railed against Commerce's decision not to conduct verification of the South Korean government's questionnaire responses (Nucor Corp. v. U.S., CIT #23-00003).