CBP launched a site focused on antidumping and countervailing duties and other trade remedies. The portal includes links to information about sections 201, 232 and 301 trade remedies, as well as AD/CVD sites.
The International Trade Commission erred when it found that revocation of the antidumping duty and countervailing duty orders on polyethylene terephthalate (PET) resin from Oman would lead to a continuation or recurrence of injury to the domestic PET resin industry within a foreseeable time, Omani exporter OCTAL argued. Filing a complaint at the Court of International Trade May 2, OCTAL argued that the ITC violated the law when it either ignored or failed to adequately address contrary evidence relating to whether the revocation of the orders would lead to injury to the U.S. industry (OCTAL Inc. v. United States, CIT #22-00135).
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The Court of International Trade remanded elements of the Commerce Department's administrative review of the antidumping duty order on frozen fish fillets from Vietnam. In an April 25 opinion made public May 3 submitted in two cases -- one brought by the sole mandatory respondent NTSF Seafoods Joint Stock Co. and the other by Catfish Farmers of America, et al. -- Judge M. Miller Baker sent back parts of the review that deal with Commerce's position over whether Indonesia has a comparable level of economic development to Vietnam, whether the Indian factors of production data are the best available as compared to Indonesia, Commerce's failure to engage with contradicting evidence over NTSF's ratio of whole live fish to fillets and the moisture content of NTSF's fillets.
The Court of International Trade in a May 2 order rejected Canadian exporter J.D. Irving's bid to establish expedited briefing and consideration of its challenge to the Commerce Department's antidumping duty cash deposit instructions. Judge Timothy Reif said the exporter failed to establish that "good cause" exists to expedite the case since the company's requested relief can be granted even after the deadline to withdraw its request for the fourth review of the AD order on softwood lumber products from Canada.
The Court of International Trade in an April 25 order made public May 3 remanded parts and sustained parts of the Commerce Department's administrative review of the antidumping duty order on frozen fish filets from Vietnam. Writing the opinion for two separate cases -- one brought by the mandatory respondent NTSF Seafoods Joint Stock Co. and the other brought by the Catfish Farmers of America -- Judge M. Miller Baker upheld Commerce's positions in the face of NTSF's challenges but remanded elements of the agency's review in the Catfish Farmers' case. The remanded elements include Commerce's conclusion over whether Indonesia has a comparable level of economic development to Vietnam, whether the Indian factors of production data are the best available as compared to Indonesia, Commerce's failure to engage with contracting evidence over NTSF's ration of whole live fish to filets and the moisture content of NTSF's filets.
The Commerce Department and the International Trade Commission published the following Federal Register notices May 2 on AD/CVD proceedings:
The Court of International Trade in an April 29 order consolidated two cases challenging CBP's Enforce and Protect Act investigation into the antidumping and countervailing duty orders on aluminum extrusions from China. The cases, one brought by Kingtom Aluminio, and the other brought by Industrial Feliciano Aluminum, J.L. Trading Corp. and Puertas y Ventanas, contest CBP's position that Kingtom evaded the orders by transshipping aluminum extrusions through the Dominican Republic. Kingtom filed its complaint on April 8, arguing that CBP's position that Kingtom had exports subject to the orders is an abdication of its responsibility to conduct AD/CVD administrative reviews (see 2204110031) (Kingtom Aluminio v. United States, CIT Consol. #22-00072).
The Court of International Trade in an April 28 opinion upheld the Commerce Department's move to drop Section 232 duties from antidumping duty review respondent Power Steel's U.S. price for two entries of steel concrete rebar. The result is a de minimis dumping rate for Power Steel. In the one-page order, Judge Jane Restani said that as no party intends to submit further filings, the remand is sustained.
Importer Acquisition 362, doing business as Strategic Import Supply, didn't need to file a protest to establish jurisdiction to challenge the liquidation of its entries since there was nothing to protest within 180 days of liquidation, SIS said in an April 29 reply brief to the U.S. Court of Appeals for the Federal Circuit. DOJ continues to "improperly oversimplify the analysis" by repeating the "mantra" that the importer was required to file a protest to contest the liquidation of the entries, SIS argued, seeking remand to the Court of International Trade (Acquisition 362, LLC dba Strategic Import Supply v. U.S., Fed. Cir. #22-1161).