Nucor Tubular Products launched a lawsuit at the Court of International Trade seeking higher dumping rates for the respondents in an antidumping review based on calculation errors committed by the Commerce Department (Nucor Tubular Products Inc. v. United States, CIT #21-00543).
The Commerce Department continued to find that antidumping respondents Aeolus Tyre and Guizhou Tyre Co. were de facto controlled by the Chinese government, denying them separate rate status in Sept. 24 remand results filed at the Court of International Trade (Guizhou Tyre Co., Ltd. et al. v. United States, CIT Consol. #17-00100).
The Justice Department moved for a voluntary remand in a duty evasion case after finding out that the parties to the investigation were not provided with certain documents in the investigation. DOJ argued that the remand should be granted since the parties should have the chance to make arguments to CBP based on this withheld information to inform the ultimate evasion decision (Norca Industrial Company, LLC et al. v. U.S., CIT #21-00192).
The World Trade Organization's Dispute Settlement Body established a panel to address Japan's concerns over China's antidumping duties on stainless steel products, Japan's Ministry of Economy, Trade and Industry said Sept. 28. Japan requested the panel in August. China's antidumping duties began in July 2019 on stainless steel goods from Japan, South Korea, Indonesia and the European Union. Japan said the duties violate the General Agreement on Tariffs and Trade and the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (the WTO Anti-dumping Agreement) “due to flaws in the Chinese authorities' determination and its investigation procedures.”
The Commerce Department and the International Trade Commission published the following Federal Register notices Sept. 29 on AD/CV duty proceedings:
Mobilier Rustique (Beauce) Inc. will appeal a recent Court of International Trade ruling that the Commerce Department cannot conduct expedited reviews of countervailing duty investigations, according to a Sept. 28 notice of appeal. In its remand results in the case, Commerce said that it could not find a statutory home for the expedited reviews conducted on a 2018 CVD order on softwood lumber from Canada. Chief Judge Mark Barnett sustained this finding in an August ruling (see 2108190002) (Mobilier Rustique (Beauce) Inc. v. United States, CIT #19-00164).
Australian exporter BlueScope Steel and its U.S. affiliate challenged the Commerce Department's decision to not deduct discounts and rebates from the company's normal value when setting its antidumping duty rate in an administrative review, in a Sept. 28 complaint at the Court of International Trade. BlueScope said that this decision cut against the agency's regulations and was "premised on a wholly inaccurate understanding of the data that BlueScope submitted" (BlueScope Steel Ltd., et al. v. United States, CIT #21-00509).
The Commerce Department ditched its reliance on adverse facts available for respondent Hyundai Steel in remand results submitted to the Court of International Trade in a challenge to an antidumping review on cold-rolled steel flat products from South Korea. After giving Hyundai an opportunity to explain a discrepancy between two product codes, the agency accepted the explanation and thus dropped its adverse facts available finding. Commerce also rescinded its decision to apply the all-others rate to one of Hyundai's affiliated freight companies, dubbed "Company A" (Hyundai Steel Co. v. United States, CIT Consol. # 19-00099).
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The Commerce Department decided to value a key solar cell input using Bulgarian imports rather than Thai imports after the Court of International Trade said the agency's use of the Thai surrogate data was improper, it told the court in Sept. 27 remand results (Solarworld Americas, Inc. et al. v. United States, CIT Consol. #16-00134).