The EU on Nov. 24 formally requested dispute settlement consultations at the World Trade Organization regarding China's antidumping duties on EU brandy imports. China has 10 days to respond to the request to find a mutually convenient format and date for the talks.
The Commerce Department and the International Trade Commission published the following Federal Register notices Nov. 26 on AD/CVD proceedings:
The Customs Rulings Online Search System (CROSS) was updated between Nov. 20 and Nov. 22 with the following headquarters ruling (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
No lawsuits were recently filed at the Court of International Trade.
Against opposition from exporters (see 2411190063), the U.S. supported Nov. 21 the Commerce Department’s continued decision on remand to use an inter-quarter comparison for an aspect of an administrative review and same-quarter comparisons for another (see 2409240022) (Universal Tube and Plastic Industries v. U.S., CIT # 23-00113).
The Commerce Department properly decided not to reopen the record to inflate Mexican surrogate wage data and ultimately choose Brazilian wage data in the antidumping duty investigation on beer kegs from China, the Court of International Trade said. Sustaining Commerce's third remand results in the case, Judge M. Miller Baker said the agency reasonably said it was "unnecessary to reopen the record to inflate the Mexican wage figures" when the Brazilian data "suited the agency's purposes."
CBP failed to consider material evidence when it found that importer Scioto Valley Woodworking didn't evade the antidumping and countervailing duty orders on wooden cabinets and vanities from China, the Court of International Trade said in a decision made public last week. Judge Lisa Wang said CBP didn't sufficiently consider evidence of the Haiyan Group's ownership of Scioto and its affiliated supplier, Alno, and it didn't adequately discuss the contents of an additional warehouse disclosed by Alno.
The Court of International Trade on Nov. 25 allowed exporters NS Brands and Naturesweet Invernaderos S. de R.L. de C.V. to intervene in a case challenging the results of a 27-year-old antidumping duty investigation. Judge Jennifer Choe-Groves held that the companies showed good cause for waiting nearly five years in seeking to intervene in the case because the trade court "drastically changed the landscape of this litigation by ordering" the Commerce Department to investigate the 1995-96 tomato market "approximately 29 years" later. It would have been "nearly impossible in 2019 for NatureSweet" to anticipate the court's decision when the case was first filed, the judge said.
The Commerce Department and the International Trade Commission published the following Federal Register notices Nov. 25 on AD/CVD proceedings:
Importer Printing Textiles, doing business as Berger Textiles, will appeal a Court of International Trade decision sustaining the Commerce Department's scope ruling that includes Printing Textile's "Canvas Banner Matisse" imports within the scope of the antidumping duty order on artist canvas from China (see 2410090022). In its decision, the trade court found the following sentence to be ambiguous: "Priming/coating includes the application of a solution, designed to promote the adherence of artist materials, such as paint or ink, to the fabric." The court said Commerce's interpretation of this sentence wasn't "per se unreasonable," rejecting Printing Textiles' bid for a narrow interpretation of the words "priming/coating" (Printing Textiles, d/b/a Berger Textiles v. U.S., CIT # 23-00192).