Japan requested a dispute resolution panel at the World Trade Organization regarding China's antidumping duties on stainless steel products from Japan, the Japanese Ministry of Economy, Trade and Industry said Aug. 19. China imposed the duties in July 2019 on stainless steel goods from Japan, South Korea, Indonesia and the European Union on the grounds that the Chinese domestic industry was being injured by foreign exports. In particular, Japan is challenging the duties on stainless steel slabs, hot-rolled stainless steel sheets (cut sheets and plates) and hot-rolled stainless steel coils. The value of stainless steel exports from Japan to China is worth around $630 million, METI said.
The Commerce Department and the International Trade Commission published the following Federal Register notices Aug. 20 on AD/CV duty proceedings:
A Commerce Department regulation establishing expedited reviews for countervailing duty investigations was vacated in an Aug. 18 opinion from the Court of International Trade. Chief Judge Mark Barnett penned his fourth opinion in the case, upholding Commerce's finding that it couldn't find any alternative statutory basis on which to find that the regulation can exist.
The Court of International Trade sustained the Commerce Department's remand results in an antidumping duty case over the question of whether to "collapse" affiliate entities since they were owned by members of the "same, albeit estranged, family." In an Aug. 20 opinion, Judge Gary Katzmann held that Commerce properly reversed its original determination that the three companies were affiliated, since they did not clear the three requirements for collapsing given entities. In doing so, Commerce dropped its application of adverse facts available and gave Echjay Forgings Private Limited a 4.58% dumping margin.
The Commerce Department and the International Trade Commission published the following Federal Register notices Aug. 19 on AD/CV duty proceedings:
The following lawsuits were recently filed at the Court of International Trade:
A motion for judgment submitted by plaintiff Fujian Yinfeng Imp & Exp Trading Co. was rejected by the Court of International Trade's Judge M. Miller Baker on Aug. 17 due to a failure to comply with formatting requirements. In a notice from the court, Baker said that the motion was rejected since it failed to include a glossary of case-specific acronyms and abbreviations. The corrected document was instructed to be refiled by Aug. 25 (Fujian Yinfeng Imp & Exp Trading Co., Ltd. v. U.S., CIT #21-00088).
The Commerce Department will reconsider its application of the major input rule, treatment of certain general and administrative expenses and its use of adverse facts available in an antidumping duty case, according to two Aug. 18 Court of International Trade opinions. After remanding the case once before, Judge Leo Gordon remanded certain elements of the results yet again, but did sustain certain parts of Commerce's reconsideration, including its differential pricing analysis and adjustment of interest expenses to include a portion of the respondent's parent holding company's interest expense.
The Commerce Department reasonably rejected United Nations Comtrade and Eurostat data on natural gas imports from Russia when spurning the use of a tier-two benchmark for its less than adequate remuneration of a countervailing duty respondent's natural gas purchase prices, the Court of International Trade said. Further, Judge Gary Katzmann ruled that the agency properly denied the use of Eurostat natural gas import data from Norway, Algeria, Libya and Ukraine in a tier-three benchmark calculation, while reasonably selecting International Energy Agency (IEA) data for the benchmark.
The Commerce Department and the International Trade Commission published the following Federal Register notices Aug. 17-18 on AD/CV duty proceedings: