CBP has found substantial evidence that CNC Associates N.Y., Inc., (dba CNC Cabinetry) entered wooden cabinets and vanities (WCV) from China into the U.S. in violation of antidumping and countervailing duty orders by transshipping through Indonesia and claiming PT Aiwood Smart Home (Aiwood) and PT Sunwell Manufacturing Indonesia (Sunwell) as local manufacturers, according to a June 7 notice.
The Commerce Department properly found that electricity was not provided below cost in South Korea in a countervailing duty investigation, the Court of International Trade said in a June 13 opinion. Following a remand from the Court of Appeals for the Federal Circuit, Judge Jennifer Choe-Groves said that both of the remanded issues -- Commerce's reliance on the preferential-rate standard and its failure to address the Korean Power Exchange's (KPX's) impact on the South Korean electricity market as rendering cost-recovery analysis -- now comply with the appellate court's ruling.
The Court of International Trade in a June 14 opinion sustained the Commerce Department's final determination in the antidumping duty investigation on forged steel fluid end blocks from Italy. The case was led by Ellwood City Forge Co., the AD petitioner, which argued against Commerce's use of a questionnaire in lieu of on-site verification due to COVID-19 travel restrictions. Judge Stephen Vaden sided with the U.S., holding that the plaintiffs failed to exhaust administrative remedies on the verification question.
The Commerce Department and the International Trade Commission published the following Federal Register notices June 13 on AD/CVD proceedings:
The U.S. Court of Appeals for the Federal Circuit in a June 10 order invited the U.S. to file an amicus brief in a case on whether the Commerce Department can conduct expedited countervailing duty reviews. The plaintiff-appellants, led by Fontaine Inc., filed their opening brief in February, seeking statutory cover for Commerce to perform the expedited reviews (Committee Overseeing Action for Lumber International Trade Investigations or Negotiations v. United States, Fed. Cir. #22-1021).
Judges at the U.S. Court of Appeals for the Federal Circuit in a June 10 oral argument probed an antidumping petitioner's position that a supposed "methodological error" committed by a respondent in the reporting of its home market sales justified the use of total adverse facts available. Hitachi Energy USA, formerly known as ABB Enterprise, argued that errors committed in reporting the gross unit price for one home market sale justified tossing out the entire U.S. and home market sales database. Judges Pauline Newman, Kara Stoll and Leonard Stark asked counsel for Hitachi and respondent Hyundai Electric & Energy Systems questions over this position (Hyundai Electric v. U.S., Fed. Cir. #21-2312).
Importer Royal Brush Manufacturing failed to show that the Court of International Trade wrongly held that CBP did not violate the company's due process rights in an Enforce and Protect Act investigation, the U.S. argued in a June 9 reply brief at the U.S. Court of Appeals for the Federal Circuit. In its opening brief, Royal Brush failed to cite "any legal authority" to back its theory that the trade court erred in shielding the business confidential information (BCI) from disclosure, DOJ said (Royal Brush Manufacturing Inc. v. United States, Fed. Cir. #22-1226).
The Commerce Department appropriately found that an Australian exporter did not reimburse an affiliated importer for antidumping duties paid and thus rightly decided not to deduct the amount of antidumping duties paid from the exporter's U.S. price in an AD case, the Court of International Trade said. In a a May 31 opinion that was made public June 10, Judge Richard Eaton said that the sale between exporter BlueScope Steel (AIS) and the affiliated importer BlueScope Steel Americas (BSA) was a "garden variety transaction among an exporter, an importer, and an unaffiliated purchaser."
The Commerce Department properly found that electricity in South Korea wasn't provided to two countervailing duty respondents for less than adequate remuneration, the Court of International Trade said in a June 13 opinion. Judge Jennifer Choe-Groves said that the position is backed by substantial evidence and in line with the Court of Appeals for the Federal Circuit's prior ruling in the case. The Federal Circuit previously said that Commerce's reliance on a preferential-rate standard was illegal and that the agency failed to address the Korean Power Exchange's impact on the South Korean electricity market. Both issues were addressed, leading to Choe-Groves to sustain the remand.
The Commerce Department and the International Trade Commission published the following Federal Register notices June 10 on AD/CVD proceedings: