The Commerce Department and the International Trade Commission published the following Federal Register notices June 3 on AD/CVD proceedings:
CBP is imposing "interim measures" on C.I.S. Investments after preliminarily finding in an Enforce and Protest Act (EAPA) investigation that the importer evaded antidumping and countervailing duty orders on Chinese-origin forged steel fittings, according to a May 24 announcement by CBP. The case is based on an allegation by Flatlands that CIS evaded AD/CVD orders by transshipping the subject fittings through Sri Lanka, Indonesia, and Thailand. Flatlands alleges that two exporters in Sri Lanka and one exporter each in Thailand and Indonesia were involved in the transshipment scheme.
The U.S. Court of Appeals for the Federal Circuit issued its mandate June 2 in a case originally brought by exporter Nexteel over the second administrative review of the antidumping duty order on oil country tubular goods from South Korea. In the opinion, the appellate court said the Commerce Department didn't properly support its position that a particular market situation existed affecting inputs of the subject merchandise (see 2203110044). The Federal Circuit also sustained Commerce's practice of capping freight revenue when calculating U.S. price. Most recently in the case, respondent SeAH Steel unsuccessfully vied for a full court rehearing (Nexteel Co. Inc. v. United States, CAFC # 21-1334).
Defendant-appellees in an anti-circumvention case at the U.S. Court of Appeals for the Federal Circuit employ a "'pay no attention to what's behind the curtain' approach" as it relates to exporter Al Ghurair Iron & Steel's (AGIS) level of investment in the United Arab Emirates, AGIS argued in a June 1 brief. Replying to briefs from the U.S. and petitioner Steel Dynamics, AGIS said the appellees failed to show why enough evidence backs the Commerce Department's value-added calculations to justify the use of an unreasonable investment comparison methodology or to show that Commerce's disregard of numerous patterns of trade was reasonable (Al Ghurair Iron & Steel v. U.S., Fed. Cir. #22-1199).
The Commerce Department and the International Trade Commission published the following Federal Register notices June 2 on AD/CVD proceedings:
A recent U.S. Court of Appeals for the Federal Circuit opinion, Hitachi Energy USA v. U.S., appeared in two antidumping duty cases as a supplemental authority, according to two notices at the Court of International Trade. The May 24 opinion said the Commerce Department improperly used adverse facts available over a respondent's reporting of service-related revenue. The court ruled that Commerce's change of methodology and later finding that the respondent failed to provide all the required sales data in the right form cut against the statutory requirement to provide notice and opportunity to remedy a deficiency (see 2205240028). The appellate court said that Commerce has no right to use AFA unless the respondent has failed to provide the requested information after being notified of the deficiency.
Arguments from plaintiff-appellants in an antidumping duty case, led by Carbon Activated Tianjin Co., are merely a bid to have the U.S. Court of Appeals for the Federal Circuit impermissibly re-weigh the record evidence over surrogate value questions, defendant-appellees Calgon Carbon Corp. and Norbit Americas argued in a May 31 reply brief. Also filing its reply brief was DOJ, arguing that the Commerce Department properly picked Malaysia over Romania as the primary surrogate country (Carbon Activated Tianjin Co. Ltd. v. U.S., Fed. Cir. #22-1298).
Plaintiff-appellants in a case challenging the termination of an antidumping duty suspension agreement filed a motion for a panel or full court rehearing at the U.S. Court of Appeals for the Federal Circuit after the court found that the appellants made no plausible challenge to the termination. Appellants Bioparques de Occidente, Agricola La Primavera and Kaliroy said the court's decision was made "despite the absence of any briefing or arguments on the matter in this appeal," raising serious fairness and due process concerns (Bioparques de Occidente v. U.S., Fed. Cir. #20-2265).
The Commerce Department and the International Trade Commission published the following Federal Register notices June 1 on AD/CVD proceedings:
The government is opposing the consolidation or test case designation of four cases involving hardwood plywood imported by Richmond International Forest Products (RIFP) at the Court of International Trade. In a motion filed May 27, the government said RIFP has already proved its products are not of Chinese origin in the case RIFP designated as a test case, but that the court would still need to consider the three other cases on an entry-specific basis (Richmond International Forest Products Inc. v. United States, CIT # 21-00063, 21-00178, 21-00318, 21-00319).