The U.S. partially opposed Ashley Furniture Industries' motion for an open-ended statutory injunction against the liquidation of its mattress imports, saying that the injunction should only run to the end of the first antidumping administrative review period. Making its case in the Court of International Trade, the U.S. said that Ashley failed to show that it will suffer immediate and irreparable harm for its mattress entries made after April 30, 2022 -- the date that "corresponds to the end of the period of review for the first administrative review" (Ashley Furniture Industries, LLC, et al. v. U.S., CIT #21-00283).
The Commerce Department and the International Trade Commission published the following Federal Register notices Aug. 23 on AD/CV duty proceedings:
Substantial evidence shows that Lyke Industrial Tool evaded antidumping duties on imported diamond sawbaldes from China, CBP said in a recent notice of final determination. The determination is a result of an Enforce and Protect Act allegation from the Diamond Sawblades Manufacturers' Coalition, which filed the allegation with CBP in 2018. CBP's review involved Thai manufacturer Like Tools. "Several facts influenced CBP’s determination as to evasion in this case," the agency said. "These facts include repeated observations by CBP officials that Like Tools covered 'Made in China' labels on covered merchandise and inputs with 'Made in Thailand' labels; discrepancies between Lyke’s [request for information] responses and CBP’s findings at verification;" and "the inability of Lyke and Like Tools to demonstrate Like Tools’ transfer of ownership," it said. A lawyer for Lyke, Lizbeth Levinson of Fox Rothschild, said by email that the company disagrees with the determination and plans "to appeal through the administrative review process."
The following are short summaries of recent CBP “NY” rulings issued by the agency's National Commodity Specialist Division in New York:
The following lawsuits were recently filed at the Court of International Trade:
A Spanish exporters association moved to stay proceedings in one of its Court of International Trade cases pending the resolution of another one of its CIT cases, both concerning countervailing duty administrative reviews on ripe olives from Spain. The case the association moved to stay concerns the first administrative review, and shares much of the same fact pattern in the other case, Asociacion de Exportadores e Industriales de Aceitunas de Mesa et al v. United States. The association believes staying the case would narrow the issues for the court to decide on, specifically "(i) whether Commerce’s interpretation and application of Section 771B of the Tariff Act of 1930 was lawful with respect to the attribution of grower subsidies to processors of the subject merchandise; and (ii) whether Commerce’s interpretation and application of Section 771(5A)(D)(i) of the Tariff Act of 1930 was lawful in relation to BPS and Greening support payments." Both the U.S. and the defendant-intervenor Musca Family Olive Company stated that they do not oppose the motion (Asociacion de Exportadores e Industriales de Aceitunas de Mesa et al v. United States, CIT #21-00338).
The Commerce Department effectively locked out Siemens Energy's Spanish subsidiary, Siemens Gamesa Renewable Energy, from an antidumping duty investigation on utility scale wind towers from Spain, the exporter argued in an Aug. 18 complaint at the Court of International Trade. Having applied adverse facts available and denied all exporters the right to be individually examined, Commerce failed to live up to its statutory obligations, SGRE said (Siemens Gamesa Renewable Energy v. United States, CIT #21-00449).
The Commerce Department found that the Rediscount Loan Program offered to Kenertec Power System is an export subsidy and thus excluded from Kenertec's upstream subsidy calculation in a countervailing duty investigation on utility scale wind towers from Indonesia, it said in Aug. 19 remand results submitted to the Court of International Trade. Bringing the results of the review in line with CIT's decision in the matter, Commerce dropped the loan program from the CV rate it calculated in the investigation, resulting in a de minimis CVD rate for Kenertec (PT. Kenertec Power System & Wind Tower Trade Coalition v. U.S., CIT #21-03687).
The Commerce Department properly held that three companies owned by the same, although estranged, family are not affiliated for purposes of collapsing the entities in an antidumping case, the Court of International Trade said in an Aug. 20 opinion. The agency's contention that the companies did not clear any of the three standards for collapsing multiple companies for purposes of calculating a dumping margin was proper, Judge Gary Katzmann ruled.
Saudi Arabia requested dispute consultations at the World Trade Organization for the first time since joining the multilateral body, over the European Union's antidumping duties on mono-ethylene glycol imports from the kingdom, the WTO said Aug. 19. Saudi Arabia said the duties, imposed June 10, are inconsistent with the WTO's Antidumping Agreement and the General Agreement on Tariffs and Trade 1994. “Mono-ethylene glycol is a liquid used in the production of polyester fibres and film, polyethylene terephthalate (PET) resins and engine coolants,” the WTO said.