The Commerce Department and the International Trade Commission published the following Federal Register notices Nov. 14 on AD/CVD proceedings:
The U.S. and domestic producers of superabsorbent polymers Nov. 12 both supported the Commerce Department's redetermination on remand that switched back to its preliminary determination’s method of model matching in a highly technical case (see 2406170034) (The Ad Hoc Coalition of American SAP Producers v. United States, CIT # 23-00010).
A U.S. mattress importer on Nov. 12 opposed the government’s motion to dismiss its challenge to the International Trade Commission’s critical circumstances determination on mattresses from Burma, saying that its questionnaire response in the ITC’s investigation was enough to give it standing at the Court of International Trade (Pay Less Here v. U.S., CIT # 24-00152).
The U.S. brief opposing exporter Koehler Oberkirch GmbH's petition for mandamus relief on the question of whether the government properly served the exporter relies on "case law of other circuits" and not the U.S. Court of Appeals for the Federal Circuit, Koehler argued. Filing a response brief on Nov. 12, the exporter said the "law of other jurisdictions does not determine legal error or a clear abuse of discretion in this Circuit" (In Re Koehler Oberkirch GmbH, Fed. Cir. # 25-106).
Exporter Hoshine Silicon (Jia Xiang) Industry Co. has no statutory or constitutional standing to challenge CBP's issuance of or refusal to modify the withhold release order on silica-based products made by its parent company Hoshine Silicon or its subsidiaries, the U.S. argued. Filing a reply brief at the Court of International Trade on Nov. 8, the government said Hoshine offered an incorrect "zone of interests" analysis to bolster its claim of statutory standing (Hoshine Silicon (Jia Xing) Industry Co. v. United States, CIT # 24-00048).
The Commerce Department prorated the countervailing duty set on exporter The Ancientree Cabinet Co. in the countervailing duty investigation on wooden cabinets and vanities from China to account for the percentage of its U.S. customers that failed to verify nonuse of China's Export Buyer's Credit Program (Dalian Meisen Woodworking Co. v. U.S., CIT # 20-00110).
The Commerce Department and the International Trade Commission published the following Federal Register notices Nov. 13 on AD/CVD proceedings:
Importers Wego International Floors, Galleher Corp. and Galleher LLC will appeal a Court of International Trade case on the 2016-17 review of the antidumping duty order on multilayered wood flooring from China. The trade court sustained the Commerce Department's decision to weight average zero percent and adverse facts available antidumping rates to set the AD mark for the non-individually examined respondents (see 2409180044). CIT previously remanded Commerce's decision to use a simple average of the zero and AFA rates, instructing the agency to use a weighted average of the marks. The result was a 31.63% AD rate for the separate rate companies (Fusong Jinlong Wooden Group Co. v. United States, CIT Consol. # 19-00144).
The Commerce Department erred in finding that the South Korean government's provision of electricity below cost was de facto specific in the 2022 review of the countervailing duty order on cut-to-length carbon-quality steel plate from South Korea, exporter Hyundai Steel Co. argued in a Nov. 12 complaint at the Court of International Trade. Hyundai added that Commerce violated the statute on specificity in CVD cases in relying on the "original electricity consumption data" for its de facto specificity finding (Hyundai Steel Co. v. United States, CIT # 24-00190).
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