The Commerce Department and the International Trade Commission published the following Federal Register notices May 12 on AD/CVD proceedings:
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Domestic producers led by U.S. Steel said that importer Tenaris Bay City’s appeal of a Commerce Department industry support finding to the U.S. Court of Appeals to the Federal Circuit repeated flawed, sometimes waived arguments (Tenaris Bay City v. United States, Fed. Cir. # 25-1382).
The U.S. Court of Appeals for the Federal Circuit sustained both the Commerce Department's 2018-19 and 2019-20 reviews of the antidumping duty order on activated carbon from China in a pair of decisions. Judges Richard Taranto, Alvin Schall and Raymond Chen upheld Commerce's surrogate value picks in both reviews.
The Commerce Department and the International Trade Commission published the following Federal Register notices May 9 on AD/CVD proceedings:
The U.S. and domestic producer Ecker Textiles this week defended the Court of International Trade’s ruling that an importer’s canvas banner matisse was covered by an antidumping duty order on artist canvas. They disagreed that the order was void for vagueness, saying at the U.S. Court of Appeals for the Federal Circuit that the importer was trying to argue the order only covers the exact products made by domestic industries (Printing Textiles v. United States, Fed. Cir. # 25-1213).
On remand, the Commerce Department again chose to directly value xanthan gum exporter Neimenggu Fufeng Biotechnologies’ energy costs for an antidumping duty review. It explained that for the first time in its reviews of the relevant AD order, it was able to break out a surrogate’s costs in a way that let it directly value Fufeng’s energy without fear of double-counting (Neimenggu Fufeng Biotechnologies Co. v. U.S., CIT # 23-00068).
Judges at the U.S. Court of Appeals for the Federal Circuit on May 7 questioned both exporter AG der Dillinger Huttenwerke and the U.S. regarding the exporter's proposed quality code for sour service pressure vessel plate and the Commerce Department's use of Dillinger's sales price as the cost of production for non-prime steel plate. Judges Jimmie Reyna, Timothy Dyk and Alan Lourie's questions regarding the non-prime plate centered on whether the issue was foreclosed by the CAFC's previous holding in Dillinger France v. U.S. (AG der Dillinger Huttenwerke v. United States, Fed. Cir. # 24-1498).
The U.S. Court of Appeals for the Federal Circuit on May 9 issued a pair of decisions sustaining the Commerce Department's 2018-19 and 2019-20 reviews of the antidumping duty order on activated carbon from China. In the 2018-19 review, Judges Richard Taranto, Alvin Schall and Raymond Chen upheld Commerce's surrogate value pick for coal-based carbonized material, an input of activated carbon. In the 2019-20 review, the judges upheld the agency's pick of Malaysia as the primary surrogate country and the surrogate value selections for carbonized material, coal tar, hydrochloric acid, steam and ocean freight.
The Commerce Department and the International Trade Commission published the following Federal Register notices May 8 on AD/CVD proceedings: