The Commerce Department and the International Trade Commission published the following Federal Register notices Oct. 18 on AD/CVD proceedings:
The following lawsuits were recently filed at the Court of International Trade:
The Commerce Department properly applied to antidumping duty respondent Hyundai Electric & Energy Systems total adverse facts available, the U.S. said in response to Hyundai over Commerce's remand results at the Court of International Trade. The agency should not have hit the respondent with partial AFA, as Hyundai argued, since the missing service-related revenues (SRRs) on the record are not a limited and discrete category of information and since Hyundai's omission of one U.S. sale is significant, given the limited number of sales, the U.S. said (Hyundai Electric & Energy System Co. v. United States, CIT #20-00108).
The Commerce Department did not properly conduct its "primarily dedicated" analysis when it found that Nur Gemicilik ve Tic is a cross-owned input supplier of plaintiff Kaptan Demir Celik Endustrisi ve Ticaret, Kaptan argued in an Oct. 11 reply brief at the Court of International Trade. The U.S.'s position that Nur is a cross-owned input supplier since scrap is used in the production of subject merchandise and all of Nur's scrap generation was sold to Kaptan, thus making it "primarily dedicated" to the downstream product, cuts against the words of the countervailing duty preamble and Commerce's own precedent, Kaptan said (Kaptan Demir Celik Endustrisi ve Ticaret v. United States, CIT #21-00565).
The Court of International Trade should stop the International Trade Commission from releasing a group of plaintiffs' business proprietary information (BPI) to its former counsel and his firm, Buchanan Ingersoll, given the former counsel's alleged "betrayal," the plaintiffs, led by Amsted Rail Co. (ARC), argued in an Oct. 14 complaint at the Court of International Trade. By not blocking the release of the BPI, the ITC is violating the Administrative Procedure Act and the plaintiffs' 5th Amendment due process rights, the brief said (Amsted Rail Co. v. United States International Trade Commission, CIT #22-00307).
The World Trade Organization Oct. 12 announced the three arbitrators who will preside over the Colombia and EU arbitration proceeding over Colombia's antidumping duties on frozen fries from Belgium, Germany and the Netherlands: Jose Alfredo Graca Lima, Alejandro Jara and Joost Pauwelyn. Graca Lima will serve as the chair. A dispute panel previously found that Colombia violated the AD agreement. It said Colombia's investigating authority failed to look at whether the use of third-country sales prices for calculating normal value was appropriate instead of domestic sales prices, among other things (see 2210110022).
The Commerce Department and the International Trade Commission published the following Federal Register notices Oct. 17 on AD/CVD proceedings:
Wire rod importer Kiswire asked the Court of International Trade to consolidate two cases, in an Oct. 14 motion. Similar facts "surround all of the entries" and the two complaints stem from the same agency decision on similar protests, Kiswire said. Both complaints challenge the denial of protests seeking antidumping duty refunds on wire rod from South Korea (see 2210130066). Kiswire said that CBP refused to refund the cash deposits and asserted that the entries were deemed liquidated at a date that would make the protests untimely filed. The cases proposed for consolidation present identical counts and promote "economy of judicial resources" and "avoid duplication of effort" if consolidated, Kiswire said. The government has indicated it doesn't consent to consolidation at this time and intends to file a response to the motion, Kiswire said (Kiswire Inc. v. United States, CIT # 22-00181; Kiswire Inc. and Kiswire Pine Bluff Inc. v. United States, CIT # 22-00285).
The U.S. in an Oct. 13 motion at the U.S. Court of Appeals for the Federal Circuit asked for 30 more days to file an amicus brief in a case over whether the Commerce Department can conduct expedited countervailing duty reviews. The U.S. originally failed to appear in the case, leading to the appellate court inviting the government to file an amicus brief and address whether Commerce has the authority to engage in expedited CVD reviews (see 2206100045) (Committee Overseeing Action for Lumber International Trade Investigations or Negotiations v. United States, Fed. Cir. #22-1021).
The Court of International Trade must dismiss a case accusing the importer and U.S. subsidiary of a Chinese manufacturing company, Wanxiang America Corp., of negligence by making false statements and omissions on its entries of wheel hub assemblies, radial ball and tapered roller bearings, and universal joints and their parts, WXA argued in an Oct. 12 motion.