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 that 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 Commerce Department and the International Trade Commission published the following Federal Register notices April 29 on AD/CVD proceedings:
The Commerce Department on remand at the Court of International Trade found that antidumping duty review respondent Shandong New Continent Tire accurately reported its U.S. sales prices and affiliated parties. After voluntarily requesting the remand, Commerce said it was able to verify New Continent's U.S. prices and affiliations in the highly redacted remand results (Pirelli Tyre v. U.S., CIT #20-00115).
The Court of International Trade sustained the Commerce Department's remand results in an antidumping case, establishing a de minimis dumping margin for exporter Power Steel Co. As no party submitted any further filings over the remand results, Judge Jane Restani affirmed the remand in a one-page judgment. On remand, Commerce found that Power Steel didn't pay Section 232 duties on two entries of steel concrete rebar, dropping the duties from the company's sales prices when establishing its base export price.
The Commerce Department's anti-circumvention inquiry into the antidumping and countervailing duties on corrosion-resistant steel (CORE) products from China did not violate the intent behind Congress' passage of the anti-circumvention statute, the U.S. said in an April 27 reply brief at the U.S. Court of Appeals for the Federal Circuit (Al Ghurair Iron & Steel v. United States, Fed. Cir. #22-1199).
The U.S. and other World Trade Organization members called out China yet again for failing to fully submit its subsidies to the WTO during the April 26-27 meeting of the Committee on Subsidies and Countervailing Measures, a person with knowledge of the meetings told reporters in an email. The U.S. pointed out that after examining certain financial statements of certain fossil fuel companies in China, it found that the Chinese government granted financial grants totaling over $1.9 billion in 2020 that were not reported to the WTO. Apart from asking China to clarify why these grants were not reported, the U.S. also asked China to clarify whether distant water fishing enterprises are completely tax exempt. In response, China asked the U.S. to look at its relevant enterprise income tax law provisions, which the U.S. found uninstructive. Also during the meeting, other WTO members -- namely, Brazil, Morocco, China and Russia -- brought up complaints about U.S. countervailing duty action. In particular, China blasted the U.S.'s "abusive use" of "adverse facts available" in CVD cases, while Russia said the U.S. continued to use flawed practices resulting in the finding of subsidies where none exist.
The U.S. moved for a stay of proceedings in an Enforce and Protect Act contest at the Court of International Trade after CBP found that a covered merchandise referral to the Commerce Department was needed after a voluntary remand request to reconsider its affirmative evasion finding (Fedmet Resources Corporation v. United States, CIT #21-00248).
Milton Koch, former analyst at the Commerce Department and Wiley, joined Buchanan Ingersoll as a strategic consultant in the International Trade and National Security practice, the firm announced. Koch works in trade remedy investigations "by developing strategies based on in-depth analysis of complex financial data," the firm said. He joins Daniel Pickard, who chairs the practice and left Wiley in February. Pickard said Koch "is a leading expert in regard to the Commerce Department’s ... AD/CVD calculation methodologies."
The Commerce Department and the International Trade Commission published the following Federal Register notices April 27 on AD/CVD proceedings:
The following lawsuits were recently filed at the Court of International Trade: