The Commerce Department properly hit antidumping duty respondent Shanghai Tainai Bearing with partial adverse facts available, saying Tainai should know how to collect factor of production information from its downstream suppliers, given that the agency was conducting the 33rd review of the AD order, the U.S. argued in an Oct. 20 reply brief at the Court of International Trade. The government said Commerce legally deducted Section 301 duties from Tainai's U.S. price and capped Section 301 duty payments (Shanghai Tainai Bearing Co. v. U.S., CIT Consol. #22-00038).
The Commerce Department and the International Trade Commission published the following Federal Register notices Oct. 21 on AD/CVD proceedings:
The Commerce Department must revisit its countervailing duty rate calculations for the Electricity Tax Act and the Energy Tax Act and its finding that Germany's KAV program is de jure specific, the Court of International Trade ruled in an Oct. 12 opinion made public Oct. 20. However, Judge Claire Kelly upheld the remaining points of contention in the case brought by BGH Edelstahl Siegen. including whether Commerce properly initiated the CVD investigation, the finding that the administrative record is complete, and "the determination that the provisions of the Electricity Tax Act and the Energy Tax Act, the EEG and KWKG Reduced Surcharge Programs, the ETS Additional Free Emissions Allowances, and the CO2 Compensation Program are countervailable subsidies."
The Commerce Department and the International Trade Commission published the following Federal Register notices Oct. 20 on AD/CVD proceedings:
CBP announced that it has opened a formal investigation into whether WHP Associates evaded antidumping and countervailing duty orders on thermal paper and has imposed interim measures, according to an Oct. 3 notice publicly released on Oct. 18. The investigation was formally launched on June 28 following an allegation by Paper Receipts Converting Association (PRCA) that WHP, an e-commerce company located in San Francisco, transshipped thermal paper through Malaysia to evade AD orders on thermal paper from China, Germany and South Korea, and a CVD order on thermal paper from China.
The U.S. Court of Appeals for the Federal Circuit should not stay a case led by PrimeSource Building Products pending resolution of another action at the appellate court, the U.S. said in an Oct. 17 reply brief, arguing a stay is "based on nothing but pure speculation as to" PrimeSource's desired outcome of the separate matter. The "unjustifiable delay" that would stem from the stay would cause "inherent harm" to the government, so the stay should be denied, the U.S. said (PrimeSource Building Products Inc. v. United States, Fed. Cir. #22-2128).
The Commerce Department and the International Trade Commission published the following Federal Register notices Oct. 19 on AD/CVD proceedings:
The Court of International Trade on Oct. 18 stopped the International Trade Commission from disclosing the business proprietary information (BPI) of a group of plaintiffs led by Amsted Rail Co. Judge Gary Katzmann granted the plaintiffs' move for a temporary restraining order in an action concerning whether the ITC violated the Administrative Procedure Act and the plaintiffs' 5th Amendment due process rights by giving its former lawyer access to its BPI in his new role as counsel to parties with adverse interests to ARC (Amsted Rail Co. v. United States International Trade Commission, CIT #22-00307).
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Sen. Rob Portman, R-Ohio, who is retiring from Congress at year's end, told an audience at the Center for Strategic and International Studies that he was disappointed there were no trade items in the Creating Helpful Incentives to Produce Semiconductors and Science (CHIPS) Act. "But I’m ready to negotiate a grand bargain on trade in this lame-duck session," he said in a video address Oct. 17. Portman was scheduled to participate in a roundtable of former U.S. trade representatives but was traveling overseas on an official congressional trip.