The Commerce Department illegally assigned an adverse facts available rate to mandatory respondent East Sea Seafoods Joint Stock Company in an antidumping duty review since the company stopped participating in the review, exporter Green Farms Seafood Joint Stock Company said in its April 20 complaint at the Court of International Trade. Seeing as Green Farms' separate rate was found via a simple average of the AFA rate and the other respondent's "zero" rate, this separate rate should also be found to be illegally based on AFA as it does not accurately reflect Green Farms' dumping level, the brief said (Green Farms Seafood Joint Stock Company v. United States, CIT #22-00092).
The Commerce Department and the International Trade Commission published the following Federal Register notices April 20 on AD/CVD proceedings:
The following lawsuits were recently filed at the Court of International Trade:
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The Court of International Trade sent back parts of and upheld one element of the Commerce Department's final results of the 2017-2018 administrative review of the antidumping duty order on welded line pipe from South Korea, in an April 19 opinion. Judge Claire Kelly sent back Commerce's particular market situation determination and adjustment methodology, PMS adjustment to respondent SeAH Steel Corp.'s home market sales for the sales-below-cost test, denial of a constructed export price (CEP) offset for SeAH, reallocation of respondent NEXTEEL Co.'s suspended loss and non-prime product costs, and separate rate calculation. The judge sustained, however, Commerce's decision to cap SeAH's freight revenue.
The Commerce Department cannot use an antidumping evasion finding to reject AD review respondent Z.A. Sea Foods Private Limited's (ZASF) Vietnamese data when calculating normal value, the Court of International Trade said in an April 19 opinion. Since ZASF is not mentioned in the Enforce and Protect Act investigation cited by Commerce as the basis for rejecting the Vietnamese data, it is not clear how the agency decided that some of ZASF's Vietnamese sales ultimately wound up in the U.S., Judge Gary Katzmann said.
The Commerce Department and the International Trade Commission published the following Federal Register notices April 19 on AD/CVD proceedings:
PVC door gaskets imported by Rehau that include a magnetic band encased within are not subject to antidumping and countervailing duties on raw flexible magnets from China (A-570-922/C-570-923), the Commerce Department said in a recent scope ruling. Though the scope of the orders mentions flexible magnets that have been laminated or bonded with other components, the magnets float freely within the door gaskets and are not covered by the scope, Commerce said.
The Commerce Department properly decided not to individually investigate Siemens Energy's Spanish subsidiary Siemens Gamesa Renewable Energy (SGRE) in an antidumping duty investigation, DOJ and AD petitioner Wind Tower Trade Coalition argued in two reply briefs at the Court of International Trade. DOJ said that the law is silent over how Commerce must proceed when all the initially picked respondents withdraw from the investigation, while the WTTC argued that it's not uncommon for Commerce to replace a mandatory respondent late in an investigation (Siemens Gamesa Renewable Energy v. United States, CIT #21-00449).
The Commerce Department and the Court of International Trade properly held that China Custom Manufacturing's solar panel mounts do not qualify for the finished goods exclusion from the antidumping and countervailing duty orders on aluminum extrusions from China, DOJ argued in an April 18 reply brief at the U.S. Court of Appeals for the Federal Circuit. CCM, along with importer Greentec Engineering, ask Commerce to apply an outdated interpretation of the exclusion that doesn't consider key precedent from the Federal Circuit, the U.S. said (China Custom Manufacturing v. United States, Fed. Cir. #22-1345).