CBP asked the Commerce Department to weigh in on whether steel wheels from China alleged to have evaded antidumping and countervailing duties fall within the scope of the orders, CBP said in a notice posted June 28. The request is part of a CBP Enforce and Protect Act investigation into whether Vanguard National Trailer used transshipment through Thailand to evade the duties. “CBP is unable to determine whether the steel wheels exported from Thailand by Asia Wheel Co. Ltd. (Asia Wheel), which are produced from imported rectangular steel plates from China and a third country that Asia Wheel converts into rims in Thailand and welds with Chinese-origin discs in Thailand, are covered merchandise subject to the AD and CVD orders,” the agency said.
The Department of Justice invoked a recent U.S. Court of Appeals for the Federal Circuit opinion in an antidumping case involving a country-wide rate for a non-market economy, according to a June 28 notice of supplemental authority in the Court of International Trade. In the case, the China Manufacturers Alliance and Shanghai Huayi Group Corporation said that Commerce determined a country-wide antidumping rate without providing the legal basis for doing so in an antidumping investigation of truck and bus tires from China (Guizhou Tyre Co., Ltd. et al. v. United States, CIT #19-00031). But in China Manufacturers Alliance, LLC v. United States, decided on June 10, the Federal Circuit said that Commerce can assign a China-wide rate “by the very means in which Commerce did in this investigation,” DOJ said. The decision showed that Commerce's China-wide rate is an individually investigated rate (see 2106100044).
The petitioner in an antidumping case, Catfish Farmers of America, is incorrect in its assessment that the Commerce Department erred by departing from the "expected method" for calculating the antidumping duty rate for non-individually reviewed "separate rate" respondents in an administrative review on frozen fish fillets from Vietnam, the Department of Justice said. Responding to the petitioner in June 28 comments on the second remand results at the Court of International Trade, DOJ, along with comments from the plaintiffs led by GODACO Seafood Joint Stock Company, said Commerce properly adhered to court orders by setting a lower rate for the exporters (GODACO Seafood Joint Stock Company, et al., v. United States, CIT #21-00063).
The following new requests for antidumping and countervailing duty scope rulings were recently filed with the Commerce Department:
The Commerce Department and the International Trade Commission published the following Federal Register notices June 29 on AD/CV duty proceedings:
The following lawsuits were recently filed at the Court of International Trade:
Uttam Galva Steels, mandatory respondent in a countervailing duty administrative review on corrosion-resistant steel products from India, will appeal an April 29 Court of International Trade decision upholding the Commerce Department's use of adverse facts available to determine its countervailing duty rate, according to its June 25 notice of appeal. Judge Leo Gordon said the use of AFA for Uttam Galva and not the other mandatory respondent in the review was justified since Uttam Galva failed to provide information about its affiliation with Lloyds Steel Industry (see 2104300045). Uttam Galva was saddled with a 588.42% CVD rate (Uttam Galva Steels Limited v. United States, CIT #19-00044).
The Court of International Trade erred in rejecting aluminum extrusion manufacturer Kingtom Aluminio's bid to intervene in a case challenging the determination of duty evasion in which Kingtom was the company alleged to be aiding in the evasion, Kingtom said in a June 25 brief requesting the court's reconsideration. Kingtom says that the court overlooked Kingtom's interest in the case and failed to consider that Kingtom shares a legal claim with the plaintiff (Global Aluminum Distributor LLC v. U.S., CIT #21-00198).
The Commerce Department and the International Trade Commission published the following Federal Register notices June 28 on AD/CV duty proceedings:
No lawsuits were recently filed at the Court of International Trade.