CBRS

The Commerce Department and the International Trade Commission published the following Federal Register notices Nov. 26 on AD/CV duty proceedings:

A protest supplement filed by an importer may not be considered by CBP as a supplement but should be accepted as a new protest, CBP said in a recent ruling. Though the supplement was too late because it came after the relevant protest was denied and addressed an issue not included under the original protest, the supplement otherwise met all requirements for protests filed by CBP, the agency said.

The following lawsuits were recently filed at the Court of International Trade:

Plaintiff and antidumping duty respondent GODACO Seafood Joint Stock Company will appeal a September Court of International Trade opinion sustaining the Commerce Department's calculation of the separate rate in an antidumping duty administrative review by averaging the separate rates from the previous four administrative reviews, according to a Nov. 23 notice of appeal. The case will be appealed to the U.S. Court of Appeals for the Federal Circuit. The September decision came in a case involving the 2015-2016 review of the AD duty order on fish fillets from Vietnam in which the court originally rejected Commerce's separate rate calculation (see 2109270035). The court then upheld this calculation after the agency based the rate on more contemporaneous data (GODACO Seafood Joint Stock Co., et al. v. United States, CIT Consol. #18-00063).

CBP erred when it found that importers Ikadan System USA and Weihai Gaosai Metal Product Co. evaded the antidumping and countervailing duty orders on steel grating from China, the two companies said in a Nov. 23 complaint at the Court of International Trade. Accused of evading the orders via transshipping the grates through South Korea and also misclassifying the entries, Ikadan and Gaosai said that the evasion finding cuts against CBP's own analysis as to the scope of the orders and represents an improper attempt to retroactively apply AD/CV duties (Ikadan System USA, Inc., et al. v. United States, CIT #21-00592)

The Commerce Department and the International Trade Commission published the following Federal Register notices Nov. 24 on AD/CV duty proceedings:

The following lawsuits were recently filed at the Court of International Trade:

The Court of International Trade should sustain the Commerce Department's reversion to its initial decision to adjust a Turkish pipe exporter's post-sale price by only one-third of a late delivery penalty in an antidumping duty investigation, both the plaintiff, Borusan Mannemsann, and the antidumping petitioners said. However, the sides were divided over what to do about Commerce's failure to address Borusan's date of sale, with Borusan simply calling for CIT to sustain the results and the petitioners calling for another remand to address the sale date issue (Borusan Mannesmann Boru Sanayi ve Ticaret A.S. v. U.S., CIT Consol. #19-00056).

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The World Trade Organization published the agenda for the next meeting of the Dispute Settlement Body, set for Nov. 29. The agenda includes status reports by the U.S. on the implementation of recommendations adopted by the DSB on: antidumping measures on certain hot-rolled steel products from Japan; antidumping and countervailing measures on large residential washers from South Korea; certain methodologies and their application to antidumping proceedings involving China; and Section 110(5) of the U.S. Copyright Act. Other such status reports expected are from the European Union on measures affecting the approval and marketing of biotech products, and from Indonesia on horticultural products, animals and animal products. The EU is expected to make a statement about the implementation of DSB recommendations on the U.S.'s Continued Dumping and Subsidy Offset Act of 2000; and the U.S., on the EU's measures affecting trade in large civil aircraft. Also, a long list of countries, excluding the U.S., made a proposal on appellate body appointments.