Glycine producer Deer Park Glycine said Dec. 3 that the Court of International Trade does have jurisdiction under section 1581(c), or alternatively 1581(i), to hear its challenge of the Commerce Department’s rejection of Deer Park’s “duplicative” scope ruling request (Deer Park Glycine v. U.S., CIT # 24-00016).
Court-ordered reliquidations aren't actions taken by CBP and can't be protested, the government said in oral arguments held Dec. 6 before the U.S. Court of Appeals for the Federal Circuit. As a result, the Federal Circuit doesn't have jurisdiction to hear Target's appeal of a liquidation ordered by CIT, the U.S. said (Target v. U.S., Fed. Cir. # 23-2274).
The U.S. Court of Appeals for the Federal Circuit on Dec. 9 remanded the Commerce Department's surrogate financial ratios calculation in the 2017-18 review of the antidumping duty order on solar cells from China. Judges Timothy Dyk and Kara Stoll said Commerce's approach to overhead costs in Malaysian company Hanwha Q Cells Malaysia's financial statement "is so unclear that it is insufficient." Judge Leonard Stark disagreed with the majority, finding there to be sufficient evidence to support the agency's approach and charging the majority with providing relief that was not sought by exporter and plaintiff Risen Energy Co. However, the three judges agreed in sustaining Commerce's surrogate value picks for Risen's backsheet and ethyl vinyl acetate inputs.
The Commerce Department and the International Trade Commission published the following Federal Register notices Dec. 6 on AD/CVD proceedings:
A 2012 analysis memorandum from a prior antidumping duty determination should be put on the record of a suit on an anti-circumvention proceeding, the Court of International Trade held on Dec. 5. Granting the government's motion to complete the administrative record, Judge Stephen Vaden dubbed the spat "pedantic" and said the record "should be supplemented."
The Commerce Department and the International Trade Commission published the following Federal Register notices Dec. 5 on AD/CVD proceedings:
Mexican tomato exporter NS Brands said Dec. 3 that the Commerce Department needed to consider the “prejudice to companies now in existence” that resulted from resuming an antidumping duty investigation from 1996 with the same respondents (Bioparques de Occidente v. United States, CIT Consol. # 19-00204).
The Commerce Department’s self-developed “levels of trade” test doesn’t comport with U.S. law, especially since the Supreme Court's holding in Loper Bright, Spanish aluminum exporter Compania Valenciana de Aluminio Baux argued Nov. 27 in support of its June motion for judgment (see 2406130052) (Compania Valenciana de Aluminio Baux, S.L.U. v. United States, CIT # 23-00259).
The Court of International Trade on Dec. 5 let the Commerce Department add an analysis memorandum from a previous antidumping proceeding to the administrative record of an anti-circumvention proceeding on Vietnamese circular welded carbon-quality steel pipe. Judge Stephen Vaden dubbed the spat as "pedantic," and said the memo should be part of the record because it was referenced by both Commerce and respondent SeAH Steel VINA Corp.
The Commerce Department and the International Trade Commission published the following Federal Register notices Dec. 4 on AD/CVD proceedings: