The Commerce Department and the International Trade Commission published the following Federal Register notices Oct. 20 on AD/CV duty proceedings:
No lawsuits were recently filed at the Court of International Trade.
Consolidated plaintiff M S International will appeal an Oct. 7 Court of International Trade decision to the U.S. Court of Appeals for the Federal Circuit, according to an Oct. 18 notice of appeal. CIT ruled that the Commerce Department had enough industry support to kick off antidumping and countervailing duty investigations into quartz surface products from India (see 2110080035). The trade court held that Commerce has the right to define domestic “producers” of the subject merchandise for the purposes of finding out if enough industry support exists to launch the investigations. Judge Leo Gordon cited Federal Circuit precedent that Commerce is afforded Chevron deference in how it finds which companies are considered “producers” (Pokarna Engineered Stone Ltd., et al. v. United States, CIT #20-00127).
The Court of International Trade sustained the Commerce Department's remand results in an antidumping duty review dropping a cost-based particular market situation adjustment to the sales-below-cost test, in an Oct. 19 order. Commerce dropped the PMS adjustment after the court previously found that the law does not permit such an adjustment for the purposes of calculating normal value (see 2106220064).
The Court of International remanded in part and sustained in part the final results of the 2017-18 administrative review of the antidumping duty order on oil country tubular goods from South Korea, in an Oct. 19 order. Tackling six different issues raised by the plaintiff, AD respondent SeAH Steel Corp., Judge Jennifer Choe-Groves sustained Commerce's constructed export price profit rate and its exclusion of freight revenue profit, while remanding Commerce's use of the Cohen's d test in its differential pricing analysis when identifying masked dumping and the agency's particular market situation determination.
Alan Wolff, a former deputy director-general at the World Trade Organization, called on China to join the WTO Pharmaceutical Agreement, play a constructive role in the fisheries negotiations, and lead in restarting the Environmental Goods Agreement.
The Commerce Department and the International Trade Commission published the following Federal Register notices Oct. 19 on AD/CV duty proceedings:
The following lawsuits were recently filed at the Court of International Trade:
Consolidated plaintiff, defendant-intervenor and Canadian lumber company Fontaine will appeal an August Court of International Trade opinion to the U.S. Court of Appeals for the Federal Circuit, it said in an Oct. 15 notice of appeal. The decision vacated a Commerce Department regulation establishing expedited reviews for countervailing duty investigations (see 2108190002). Following four opinions from CIT, the trade court eventually found that it could not find any statutory basis for the regulations. Another consolidated plaintiff and defendant-intervenor, Mobilier Rustique (Beauce) Inc., has appealed the decision (Committee Overseeing Action for Lumber International Trade Investigations or Negotiations, et al. v. United States, CIT Consol. #19-00122).
The Court of International Trade granted a preliminary injunction against the liquidation of Chinese exporter Dalian Meisen Woodworking Co.'s wood cabinet and vanity entries, in an Oct. 18 order. Although Meisen filed for the PI after the 30-day period to move for an injunction, the court accepted its PI bid since the exporter showed good cause as to why the delay was necessary (Dalian Meisen Woodworking Co., Ltd. v. U.S., CIT #20-00110).