CBRS

The Commerce Department and the International Trade Commission published the following Federal Register notices Oct. 14 on AD/CVD proceedings:

CBP has unlawfully withheld antidumping duty refunds on tire cord quality wire rod from South Korea for years after the Commerce Department rescinded the order and required refunds, Kiswire Inc. (KI) said in an Oct. 12 complaint at the Court of International Trade (Kiswire Inc. v. United States, CIT # 22-00285).

The Commerce Department decided to grant Universal Tube and Plastic Industries a level of trade adjustment in an antidumping duty review on remand at the Court of International Trade. Submitting its redetermination on Oct. 13, Commerce found Universal made its home market sales at two LOTs, though it continued to deny Universal a constructed export price offset. The result was a weighted-average dumping margin of 1.18% for Universal (Universal Tube and Plastic Indus. v. United States, CIT #20-03944).

The Commerce Department must reconsider or further explain its decision not to investigate off-peak electricity provided for less than adequate remuneration, the Court of International Trade held in an Oct. 5 opinion made public Oct.12. Judge Mark Barnett also sent back Commerce's failure to attribute subsidies to a respondent that had been given to the respondent's affiliate in connection with the purchase of steel scrap and a fixed asset. However, Barnett did uphold the agency's decision not to attribute the affiliate's subsidies in connection with the provision of services, raw materials and other fixed assets.

The Commerce Department and the International Trade Commission published the following Federal Register notices Oct. 13 on AD/CVD proceedings:

The Court of International Trade in an Oct. 12 confidential opinion remanded the Commerce Department's final determination in the countervailing duty investigation on forged steel fluid end blocks from Germany. In a text-only order, Judge Claire Kelly ordered Commerce to reconsider its position that the KAV program -- a concession fee ordinance program for public transport routes -- is a specific subsidy, and its rate calculations for the Electricity Tax Act and the Energy Tax Act. Kelly, in a letter to litigants, gave parties to the case until Oct. 19 to review the confidential information in the opinion (BGH Edelstahl Siegen v. United States, CIT #21-00080).

The International Trade Commission should disqualify Daniel Pickard, chair of Buchanan Ingersoll's International Trade & National Security Practice Group, from participating as counsel for the petitioner to an International Trade Commission injury investigation given his ethical violations, counsel for Amstead Rail Co. said in an Oct. 11 letter.

The Court of International Trade in an Oct. 5 opinion made public Oct. 12 upheld parts and sent back parts of the Commerce Department's final results in the 2018 administrative review of the countervailing duty order on carbon and alloy steel cut-to-length plate from South Korea. Judge Mark Barnett held that Commerce must reconsider or further explain its decision not to investigate off-peak electricity sold for less than adequate remuneration and its decision not to treat respondent POSCO's affiliate POSCO Plantec as a cross-owned input supplier for the supply of scrap.

Colombia and the EU initiated an arbitration proceeding at the World Trade Organization to look over a dispute panel's findings in a proceeding on Colombia's antidumping duties on frozen fries from Belgium, Germany and the Netherlands, the WTO said. Colombia circulated the notice of appeal Oct. 10 and started the arbitration proceeding under Article 25 of the Dispute Settlement Understanding.

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