CBP announced that it has initiated and consolidated two Enforce and Protect Act investigations on whether Double L Group, LLC (Double L) and Manufacturing Network Inc. (MNI) evaded antidumping and countervailing duty orders on Chinese-origin steel grating, according to a notice dated Oct. 26. The investigations were launched on July 21, following allegations by Hog Slat that Double L and MNI misclassified imported steel grating as non-covered merchandise.
The World Trade Organization on Nov. 1 opened the Trade Remedies Data Portal, a tool that will give access to information on WTO members' antidumping and countervailing duty actions, the WTO said. The portal will display the data via searchable tables and customizable graphs, and allow users to filter the data based on certain parameters. The portal has data on AD/CVD actions that led to the application of trade remedy measures in force on or after Jan. 1, 2020, with updates for information prior to 2020 expected next year. The portal was developed in conjuction with the WTO Secretariat's Open Trade Data Initiative.
The Commerce Department and the International Trade Commission published the following Federal Register notices Nov. 2 on AD/CVD proceedings:
The following lawsuits were recently filed at the Court of International Trade:
Countervailing duty respondent Hyundai Steel Co.'s port rights at the North Incheon Harbor do not let it use the port free of charge, making the Commerce Department's decision to countervail the port rights illegal, the respondent argued in an Oct. 27 reply brief at the Court of International Trade. The U.S. and CVD petitioner Nucor Corp. "misrepresent" the nature of Hyundai's port rights since it is not allowed to use the port free of charge and merely gets certain fees to help recoup its costs from building the port, the brief said (Hyundai Steel Co. v. United States, CIT #21-00304).
The U.S.'s case looking to collect on a bond due 14 years ago is prohibited under the doctrine of impairment of suretyship, surety Aegis Security Insurance Company argued in a reply brief at the Court of International Trade. Since CBP "unreasonably delayed" in looking to collect on a bond that liquidated in 2006, interest liability was created "that was entirely unnecessary, and impaired Defendant's rights against third parties." CBP's action barred any possible recourse against the main obligor and its reinsurer, so by the time Aegis was billed, "the importer was nowhere to be found," necessitating a finding of impairment of suretyship, the brief said (United States v. Aegis Security Insurance Co., CIT #20-03628).
By deducting the value of Renewable Identification Numbers (RINs) -- tradeable credits issued by the EPA -- from antidumping duty respondent Wilmar Trading's export price, the Commerce Department "penalizes Wilmar for having to navigate different regulatory regimes for biodiesel in the United States and Indonesia," Wilmar argued in comments on Commerce's remand results at the Court of International Trade. The result is an arbitrarily inflated dumping margin derived from Commerce's approach, which is separate from Wilmar's "actual commercial experience," the brief said (Wilmar Trading Pte Ltd. v. United States, CIT Consol. #18-00121).
The Commerce Department and the International Trade Commission published the following Federal Register notices Nov. 1 on AD/CVD proceedings:
The U.S. Court of Appeals for the Federal Circuit in an Oct. 28 order consolidated two appeals of a lower court opinion dismissing importer Dr. Bronner's complaint for lack of subject-matter jurisdiction over xanthan gum imports, dismissing GLoB Energy Corp.'s complaint for lack of subject-matter jurisdiction and denying the remaining motions for judgment on the agency record. One case was appealed from the Court of International Trade by Ascencion Chemicals, UMD Solutions and Crude Chem Technology, while the other was brought by GLoB (All God One Faith, dba Dr. Bronner's Magic Soaps v. United States, Fed. Cir. #23-1078).
The Court of International Trade should dismiss a case challenging several Commerce Department actions around the antidumping duty investigation on tomatoes from Mexico, which was subject to suspension agreements, since the U.S. Court of Appeals for the Federal Circuit has already ruled on the large remaining questions in the case, the U.S. argued in an Oct. 28 reply brief. The plaintiffs, led by Bioparques de Occidente, have not conformed to the Federal Circuit opinion, and their claims are "jurisdictionally defective," the brief said (Bioparques de Occidente v. United States, CIT Consol. #19-00204).