Steel exporter Borusan Mannesmann Boru Sanayi ve Ticaret will appeal a June 16 Court of International Trade decision to the U.S. Court of Appeals for the Federal Circuit, according to a June 21 notice of appeal. In the decision, Judge Jane Restani sustained the Commerce Department's remand results in an antidumping administrative review of circular welded carbon steel standard pipe and tube products from Turkey. The remand results dropped any adjustments made to the sales-below-cost test relating to a particular market situation (see 2106170026). Restani said that PMS adjustments are only allowed when calculating normal value based on constructed value, as opposed to normal value based on home market sales (Borusan Mannesmann Boru Sanayi ve Ticaret A.S. et al. v. United States, CIT #20-00015).
The Commerce Department complied with the Court of International Trade's remand instructions in an antidumping case on frozen warmwater shrimp from India by switching from an application of adverse facts available to neutral facts available, the Department of Justice said in June 17 comments on the remand results (Calcutta Seafoods Pvt. Ltd., Bay Seafood Pvt. Ltd. v. U.S., CIT #19-00201). So far, no parties to the case have taken issue with the remand results, though Commerce submitted them “under respectful protest.” DOJ joins defendant-intervenor and petitioner in the case, Ad Hoc Shrimp Trade Action Committee, in signing off on the remand results (see 2106040074).
Dominican aluminum extrusion manufacturer Kingtom Aluminio SRL will not be allowed to intervene in a Court of International Trade case in which it is alleged to be involved in a transshipment scheme to avoid antidumping duties, according to a June 21 order. Kingtom did not establish that its interest in continuing to sell aluminum extrusions to the importer plaintiffs without duties is an "interest relating to the property or transaction that is the subject of the action," as required by the court's rules. Kingtom also did not have a claim that shares with the main action -- a challenge of an Enforce and Protect Act" investigation -- a common question of law or fact (Global Aluminum Distributor LLC v. United States, CIT #21-00198).
The U.S. Supreme Court will not hear Hyundai Heavy Industries' case challenging the Commerce Department's use of adverse facts available to set an antidumping duty rate on power transformers from Korea. The court did not explain the June 21 petition denial. Hyundai appealed a 2019 Court of International Trade opinion sustaining Commerce's use of AFA and an opinion-less affirmation of that ruling from the U.S. Court of Appeals for the Federal Circuit.
The Commerce Department says total adverse facts available is not warranted in an antidumping duty investigation on silicon metal from Malaysia since mandatory respondent PMB Silicon did not actively withhold information, the agency said in a June 16 memorandum issued alongside its final affirmative determination in the investigation.
The following lawsuits were recently filed at the Court of International Trade:
The Commerce Department acted arbitrarily when it denied a retroactive extension to a filing deadline missed by a lawyer suffering from medical issues. a move that would eventually lead to the revocation of an antidumping duty order that had been in place for decades, a domestic producer said in challenging the revocation in a brief filed June 17.
The Commerce Department's denial of third country sales data for evasion of antidumping duties in establishing normal value in an antidumping duty case lacks proper evidence, shrimp exporter Z.A. Sea Foods Private Limited said in a brief filed June 18 with the Court of International Trade. ZASF said that there was no evidence in the record to back Commerce's reliance on CBP's determination in an Enforce and Protect Act investigation that ZASF's shrimp imports from Vietnam evaded antidumping duties from India (Z.A. Sea Foods Private Limited et al v. United States, CIT #21-00031).
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade sustained the Commerce Department's remand results in an antidumping administrative review of an antidumping duty order on circular welded carbon steel standard pipe and tube products from Turkey, dropping any adjustments to the sales-below-cost test it made after finding a particular market situation, in a one-page June 16 decision.