Antidumping review respondent Hyundai Steel Co. "shifted its narrative" when answering a supplemental questionnaire from the Commerce Department on remand from the Court of International Trade, U.S. Steel argued in comments on the remand results. Arguing against Commerce's decision to drop its adverse facts available finding over a discrepancy between two product codes, U.S. Steel argued that Commerce mistook the court's decision as "somehow requiring Commerce to blind itself to Hyundai's troubling history of failing to cooperate to the best of its ability."
The Commerce Department and the International Trade Commission published the following Federal Register notices Nov. 2 on AD/CV duty proceedings:
The following lawsuits were recently filed at the Court of International Trade:
Ball bearings importer Wermex filed a complaint at the Court of International Trade Oct. 29, contesting CBP's reliquidation of its entries after being erroneously covered by injunctions, when the entries should have been deemed liquidated or been liquidated in line with the final results of the relevant AD review.
The Commerce Department again dropped its particular market situation adjustment to the sales-below-cost test in an antidumping review, despite continuing to find that a PMS existed during the review. Dropping the adjustment in Oct. 29 remand results at the Court of International Trade, Commerce said it fulfilled the terms of its voluntary remand request in the case, explaining that the court ruled in other cases that the agency is not allowed to make such an adjustment when finding normal value (NEXTEEL Co., Ltd. v. United States, CIT #20-03868).
The Court of International Trade on Oct. 29 granted the Commerce Department's request for a voluntary remand in an antidumping duty case, so the agency can review whether it was appropriate to rely on supplemental questionnaire responses, seeing as it couldn't conduct an on-site verification. The court found that Commerce gave enough evidence of "substantial and legitimate" concerns to remand the case and further explore whether the "novel legal approach that Commerce took during the [COVID-19] pandemic" can be properly supported. The court also noted that on-site verification may now be possible given eased travel restrictions (Ellwood City Forge Company, et al. v. United States, CIT #21-00007).
CBP properly found that pencil importer Royal Brush Manufacturing evaded antidumping duties on cased pencils from China, the Court of International Trade held in an Oct. 29 opinion. Chief Judge Mark Barnett upheld CBP's determination after initially remanding the case for not having provided adequate public summaries of business confidential information. Finding that on remand, CBP cleared this hurdle and that the summaries did not violate Royal Brush's due process rights, Barnett upheld the evasion finding.
The Court of International Trade ordered an in-person oral argument to take place on Nov. 4 to settle a matter in which the Department of Justice alleged that the plaintiff failed to obtain its consent before filing for a statutory injunction against the liquidation of its entries. In a brief on the injunction motion, DOJ said that counsel for Cheng Shin Rubber -- led by Jeffrey Winton of Winton & Chapman -- completely misrepresented its position, declaring that it had the government's consent for the injunction, when it didn't (see 2110250052).
Forty-five members notified the World Trade Organization's Committee on Anti-Dumping Practices of new antidumping measures they imposed during the first six months of 2021, while 14 reported no new AD duties in this period, the WTO said. Delegates at the committee's Oct. 27 meeting also reviewed notifications of new legislation from Colombia, India and the United Kingdom, while continuing to review legislation from Cameroon, Ghana, Kenya, Liberia, Peru, and Saint Kitts and Nevis. The WTO's Anti-Dumping Agreement requires members to submit notifications of all preliminary and final antidumping actions that were taken Jan. 1-June 30. Argentina, Australia, Brazil, Canada, China, the Dominican Republic, the EU, India, Indonesia, Japan, Kazakhstan, South Korea, Kyrgyzstan, Mexico, New Zealand, Pakistan, Philippines, Russia, South Africa, Taiwan, Turkey, Ukraine, the U.K. and the U.S. submitted notifications, the WTO said. Committee Chair Ahmed Al-Sulaiti of Qatar pointed to the updated handbook as a guide for members' notification obligations under the AD agreement. along with technical assistance available through the WTO Secretariat.
The Commerce Department and the International Trade Commission published the following Federal Register notices Nov. 1 on AD/CV duty proceedings: