The Commerce Department and the International Trade Commission published the following Federal Register notices June 10 on AD/CVD proceedings:
In a decision made public June 6, the Court of International Trade remanded the Commerce Department’s 2019-20 antidumping review of Chinese solar cells so the department could rework its valuation of an input, solar glass, and its adverse facts available calculation.
The Court of International Trade on June 5 sent back the Commerce Department's new shipper review of exporter Co May under the antidumping duty order on frozen fish fillets from Vietnam after the petitioner, the Catfish Farmers of America, challenged whether Co May's single U.S. sale was bona fide. Judge Jane Restani sent the review back so Commerce can address its "profitability analysis," and specifically, so the agency can look at "antidumping duty expenses and sales between likely affiliated parties."
The Court of International Trade on June 9 sent back a Commerce Department scope ruling excluding exporter Cheng Shin Rubber Industry's temporary-use spare tires (T-type tires) from the scope of the antidumping duty order on passenger vehicle and light truck tires from Taiwan. Judge Jennifer Choe-Groves said Commerce improperly added a requirement in the order's scope that the tires be of "regular use," since this term doesn't appear in the "statutory language" and is "belied by the terms of the Order itself."
The Commerce Department failed to follow the "procedural prerequisites" for changing its position on remand when using adverse facts available against exporter Saha Thai Steel Pipe in an antidumping duty review, the Court of International Trade held on June 5. Remanding the review for a third time, Judge Stephen Vaden said Commerce ran "afoul of the most basic of administrative law requirements" when it "falsely claimed to keep its rationale the same" for applying AFA "while quietly changing its position."
The Commerce Department and the International Trade Commission published the following Federal Register notices June 9 on AD/CVD proceedings:
The Aluminum Association Trade Enforcement Working Group, an antidumping duty petitioner, told the Court of International Trade that a recent CIT decision regarding respondent Assan Aluminyum's duty drawback adjustment is relevant for its case also involving a duty drawback adjustment claim from Assan (Assan Aluminyum Sanayi ve Ticaret v. United States, CIT # 21-00616).
Following a voluntary remand which saw the Commerce Department maintain a prior determination, petitioner ArcelorMittal Tubular Products said that DOJ was inventing a new, post-hoc rule that entities couldn’t be collapsed across borders (ArcelorMittal Tubular Products v. United States, CIT # 24-00039).
The U.S. disagreed May 30 with an importer’s claim that the Commerce Department’s post-remand scope ruling on wood mouldings and millwork products expanded relevant antidumping duty and countervailing duty orders to cover “an infinite universe of products.” The orders are simply intentionally broad, it said (Hardware Resources v. United States, CIT # 23-00150).
The Court of International Trade in a confidential order on June 5 sustained in part and remanded in part the Commerce Department's final results in the new shipper review of the antidumping duty order on frozen fish fillets from Vietnam. AD petitioner Catfish Farmers of America brought the suit to challenge the 2022-23 new shipper review of Vietnamese exporter Co May Import Export Company, which granted the company a de minimis dumping rate. The petitioner argued Co May didn't actually make a bona fide sale in the U.S. during the review period (Catfish Farmers of America v. U.S., CIT # 24-00126).