The Court of International Trade on July 31 granted exporter Hindalco Industries' voluntary dismissal of its case on the 2022 administrative review of the countervailing duty order on common alloy aluminum sheet from India. Hindalco filed a complaint in the case in January, arguing that the Commerce Department wrongly found to be specific programs by which Hindalco had been provided bauxite mining rights and coal and bauxite by the government of India for less-than-adequate remuneration. Counsel for Hindalco didn't respond to a request for comment (see 2501130074) (Hindalco Industries v. United States, CIT # 24-00234).
The U.S. Court of Appeals for the Federal Circuit on July 30 granted the government's motion for an extension of time to file a reply brief in a case on whether the Commerce Department had adequate industry support to launch the antidumping duty investigations on oil country tubular goods from Argentina, Mexico, South Korea and Russia. However, the court said the motion is granted "to the limited extent that the United States’s response brief is due no later than" Aug. 4, noting that the reply brief is still due no later than Sept. 3 (Tenaris Bay City v. U.S., Fed. Cir. # 25-1382).
Two monosodium glutamate (MSG) importers told the Court of International Trade in a July 30 complaint that the Commerce Department unlawfully subjected MSG entries from Malaysia that used Chinese glutamic acid to the antidumping duty order on MSG from China retroactively (CPF Legacy v. United States, CIT # 25-00149).
The Court of International Trade on Aug. 1 remanded the Commerce Department's rejection of exporter Jindal Poly's affiliate questionnaire response as untimely in the countervailing duty administrative review on polyethylene terephthalate film, sheet and strip from India for the 2021 review period. Judge Mark Barnett held that the rejection of the submission was an "abuse of discretion," finding that the agency failed to adequately consider various facts, including the "early stage of the proceeding," the selection of Jindal for "individual examination only after requests for review of all other subject companies" were withdrawn and whether "accuracy consideration" outweighed the "burden on the agency."
The Commerce Department and the International Trade Commission published the following Federal Register notices July 31 on AD/CVD proceedings:
In a July 25 complaint to the Court of International Trade, Chinese xanthan gum exporter Deosen Biochemical (Ordos) alleged the Commerce Department’s 10th antidumping duty review of its products wrongly assigned it partial adverse facts available for a sales date disagreement (Deosen Biochemical v. United States, CIT # 25-00145).
The Court of International Trade on July 29 lifted its statutory injunction on the liquidation of exporter Siderca's entries of oil country tubular goods from Argentina after importers led by Tenaris Bay City asked the court to lift its injunction. Judge Claire Kelly noted that although the importers appealed the trade court's decision sustaining the Commerce Department's dumping determination, the appeal only concerns the agency's initiation of the investigation and the "continued existence" of the antidumping duty order (Tenaris Bay City Inc. v. United States, CIT # 22-00343).
Countervailing duty petitioner U.S. Epoxy Resin Producers Ad Hoc Coalition on July 25 filed a complaint at the Court of International Trade challenging the Commerce Department's CVD investigation into epoxy resins from South Korea. The six-count complaint challenged, among other things, Commerce's alleged failure to use world price benchmarks in calculating the benefit from the provision of epichlorohydrin, a key epoxy resin input, and the agency's decision not to investigate the provision of certain chemical inputs for less than adequate remuneration (U.S. Epoxy Resin Producers Ad Hoc Coalition v. U.S., CIT # 25-00147).
The Court of International Trade's ruling that a product is "imported" for duty drawback purposes when it's admitted into a foreign-trade zone and not when entered for domestic consumption impermissibly repealed part of the Foreign Trade Zone Act, imported King Maker Marketing argued in its opening brief at the U.S. Court of Appeals for the Federal Circuit. The importer added that it's "both absurd and anomalous" to impose a time limit on the recovery of duties and taxes under the drawback scheme as "beginning to run before those duties and taxes are paid" (King Maker Marketing v. United States, Fed. Cir. # 25-1819).
California-based electronic design automation firm Cadence will pay more than $140 million in combined civil fines, criminal penalties and forfeitures after the U.S. said it violated export controls against China. The company pleaded guilty to illegally exporting EDA hardware, software and semiconductor design intellectual property technology to Chinese entities, including a university and company on the Entity List.