The Commerce Department will review whether Russia is a non-market economy for antidumping duty purposes as part of a less-than-fair-value investigation into urea ammonium nitrate from the country, Commerce said in a notice initiating the investigation. Domestic producer CF Industries Nitrogen and its subsidiaries alleged that Russia was a nonmarket economy in the petition underlying the investigation.
The Commerce Department and the International Trade Commission published the following Federal Register notices July 23 on AD/CV duty proceedings:
The Commerce Department and the International Trade Commission published the following Federal Register notices July 22 on AD/CV duty proceedings:
The Court of International Trade in a July 20 order granted the Commerce Department's request for a partial voluntary remand despite the mandatory respondent's objections. Judge Jane Restani allowed Commerce to take another look at its final results in the countervailing duty investigation into utility scale wind towers from Indonesia to reconsider whether it “improperly included an export subsidy in its upstream subsidy calculation.” The issue was broached with the court “some time ago,” so a simple decision on the matter appears likely, the judge said (PT. Kenertec Power System v. U.S., CIT #20-03687). The government's remand results are due Aug. 19, and the parties have until Aug. 23 to notify the court if a supplemental briefing is required, the order said.
The Court of International Trade remanded the Commerce Department's particular market situation adjustment to sales-below-cost test and use of partial adverse facts available in a July 9 decision made public on July 19. As the court has repeatedly held, there is no statutory authority for Commerce to make a PMS adjustment to the cost of production for a sales-below-cost test when using normal value, leading to Judge Claire Kelly to send the case back to the agency for further consideration.
The Commerce Department only needs to show the potential for government control to deny separate rate status to a non-market economy exporter, the Court of International Trade said in a July 6 opinion made public on July 21. "A puppet master is no less in control when the strings are slack," CIT Judge M. Miller Baker said in the opinion. To be granted an individual rate, the respondent must prove that its operations are devoid of de facto government control. Since I.D.I. International Development and Investment Corporation failed to do, it failed to obtain an individual rate, the judge said.
The Commerce Department properly found that Shelter Forest International Acquisition's hardwood plywood exports were not later-developed merchandise and therefore did not circumvent the antidumping and countervailing duty orders on hardwood plywood from China, the Court of International Trade said in a July 21 opinion. After initially finding that Shelter Forest's plywood exports were circumventing the orders, Commerce flipped its determination after an initial CIT remand.
The following lawsuits were recently filed at the Court of International Trade:
The Commerce Department resubmitted remand results on July 16, fixing clerical errors in the dumping margins for non-individually examined respondents in an antidumping review on certain oil country tubular goods from South Korea. After initially fixing clerical errors in a resubmission of the remand results, which stemmed from an April Court of International Trade decision, the July 16 filing marks the second time that Commerce has had to amend errors in its dumping margin calculation. The recalculated rates have now changed from 16.73% to 5.28% for SeAH Steel Corp., from 32.24% to 9.77% for Nexteel Co., and from 24.49% to 7.53% for the non-examined companies. The remand results also reversed Commerce's initial finding of a particular market situation in the South Korean steel market (see 2107010048) (SeAH Steel Co. v. United States, CIT #19-00086).
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