The Commerce Department and the International Trade Commission published the following Federal Register notices Aug. 12 on AD/CV duty proceedings:
The following lawsuits were recently filed at the Court of International Trade:
Plaintiffs in an antidumping case in the Court of International Trade, led by Fine Furniture (Shanghai) Limited, signed off on the Commerce Department's remand results in Aug. 11 comments, finding them in accordance with the CIT's instructions. The case stems from an antidumping administrative review on multilayered wood flooring from China. Following multiple court decisions and remand results (see 2107130080), Fine Furniture's case was stayed pending the results of a U.S. Court of Appeals for the Federal Circuit decision which eventually found that Fine Furniture is not subject to the antidumping duty order. Since the mandatory respondents in the underlying AD order received de minimis duty rates in Commerce's final determination, Fine Furniture was removed from the review. This led to the AD rate for all separate rate respondents falling to zero percent (Fine Furniture (Shanghai) Limited, et al. v. U.S., CIT Consol. #14-00135).
The defendant-intervenor in an antidumping duty case, the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, backed the Commerce Department's motion for voluntary remand since court precedent supports granting remands to correct issues in underlying determinations for the courts to review. Making its case in an Aug. 9 response, the union said that preventing Commerce from performing the review laid out in the remand would "serve no legitimate purpose." In another filing, the union opposed the case's mandatory respondent from intervening in the case due to an untimely bid (Pirelli Tyre Co., Ltd. et al. v. United States, CIT #20-00115).
Plaintiffs, led by American Pacific Plywood, that stand accused of evading antidumping and countervailing duty orders on hardwood plywood from China vigorously challenged CBP's finding of evasion, in an Aug. 5 brief backing their motion for judgment at the Court of International Trade. In another case going after CBP's alleged violations of due process in Enforce and Protect Act investigations (see 2107010085), the plaintiffs argued that CBP's missteps are not merely procedural mistakes, but rather a "failure of essential process that led to profound harm." The violations are so egregious that they "would be unacceptable in any country that prides itself on democratic process -- and for the United States, they are a travesty," the brief said (American Pacific Plywood, Inc. et al. v. United States, CIT Consol. #20-03914).
Alex Amdur, previously director for antidumping/countervailing duty policy and programs at CBP, recently became a trade adviser in the Office of the Commissioner, an agency spokesperson said. Kristin Weaver is now in Amdur's role on AD/CVD policy in an acting capacity, the spokesperson said.
The Commerce Department and the International Trade Commission published the following Federal Register notices Aug. 11 on AD/CV duty proceedings:
Building Material Distributors, Inc., consolidated plaintiff in an antidumping case in the Court of International Trade, will appeal the court's decision to the U.S. Court of Appeals for the Federal Circuit, according to an Aug. 9 notice of appeal (Xi'An Metals & Minerals Import & Export Co., Ltd., et al. v. U.S., CIT Consol. #20-00103). The case was over the 2017-18 administrative review of the antidumping duty order on steel nails from China in which the Commerce Department applied total adverse facts available. BMD will appeal CIT's contention that Commerce had the right to apply total AFA for a mandatory respondent's failure to provide its factors of production data on a control number-specific basis (see 2106090048).
The Commerce Department correctly relied on data from Xeneta XS over Maersk Line when calculating the respondent's surrogate ocean freight expenses in an antidumping duty review, the Court of International Trade said in an Aug. 10 opinion. Judge Claire Kelly sustained the remand results after twice remanding them, finding substantial evidence backing the second redetermination.
The Commerce Department and the International Trade Commission published the following Federal Register notices Aug. 10 on AD/CV duty proceedings: