The United Steelworkers labor union again (see 2409050044) said Dec. 10 that an exporter’s temporary-use spare tires should have been covered by an antidumping duty order on passenger vehicle and light truck tires from Taiwan, in a motion for judgment filed with the Court of International Trade (United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC v. U.S., CIT # 24-00165).
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The Commerce Department adequately explained its finding that it had sufficient industry support to launch the antidumping and countervailing duty investigations on oil country tubular goods from Argentina, Mexico, South Korea and Russia, the Court of International Trade held in a decision made public Dec. 10. After previously remanding the issue, Judge Claire Kelly held that the agency sufficiently addressed evidence contrary to its conclusion.
The Court of International Trade on Dec. 12 remanded CBP's finding that importer Fedmet Resources Corp. evaded the antidumping and countervailing duty orders on magnesia carbon bricks from China. Judge M. Miller Baker held that the Commerce Department, in a scope referral, erred in relying on its test finding goods to be covered by the orders if they are at least 5% made with alumina, since a court previously found the orders to not cover magnesia carbon bricks made with any added alumina. Baker said it's unclear if Commerce would have reached the same conclusion if it used the "benchmark of any added alumina."
The Commerce Department and the International Trade Commission published the following Federal Register notices Dec. 11 on AD/CVD proceedings:
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The U.S. on Dec. 9 sought default judgment at the Court of International Trade against importer Rago Tires in its customs penalty suit against the company for failing to pay antidumping and countervailing duties on truck and bus tires from China. The government brought the suit in February, alleging that Rago was grossly negligent in avoiding the AD/CVD (see 2402210061). The U.S. said it served the company's "principal and registered agent" a copy of the summons and complaint but has received no response. As a result, since the deadline to respond has lapsed, the government requested default judgment of $56,435.48 for the gross negligence claim (United States v. Rago Tires, CIT # 24-00043).
In a Dec. 3 motion for judgment before the Court of International Trade, domestic producer Edsal Manufacturing again (see 2407120060) said that the Commerce Department should have used the more comparable surrogate it suggested in an antidumping duty investigation on boltless steel shelves from Thailand (Edsal Manufacturing Co. v. U.S., CIT # 24-00108).
The Commerce Department issued a final rule making various changes to its antidumping and countervailing duty procedures, notably altering its nonmarket economy policy in AD cases by allowing entities in third countries "owned or controlled" by nonmarket economies to be subject to the country-wide AD rate for that nation.
The Court of International Trade in a decision made public Dec. 10 sustained the Commerce Department's calculation of industry support in deciding to open the antidumping and countervailing duty investigations on oil country tubular goods from Argentina, Mexico, South Korea and Russia. After remanding the issue for Commerce to address potential double counting in its calculation, Judge Claire Kelly said the agency sufficiently addressed contrary evidence in finding there to be enough domestic support to launch the proceedings. The judge also said importers led by Tenaris Bay City failed to administratively exhaust more specific claims regarding potential undercounting and commingling of the producers and processors in the industry support data used by Commerce.