The Commerce Department and the International Trade Commission published the following Federal Register notices Nov. 7 on AD/CVD proceedings:
The Court of International Trade on Nov. 6 granted the government's voluntary remand request in a suit on the 2019-20 administrative review of the antidumping duty order on aluminum extrusions from China. The U.S. asked for the remand to consider the impact of recent CIT cases Global Aluminum Distributor v. U.S. and H&E Home v. U.S. in which CBP reversed its findings of AD/CVD evasion on Dominican exporter Kingtom Aluminio (see 2209080013) (Kingtom Aluminio v. United States, CIT Consol. # 22-00072).
Importer Lionshead Specialty Tire and Wheel argued that the continued application of an injunction on the liquidation of its "Method B" wheel entries is "inequitable," since the plain reading of the injunction shows that the Method B wheels never have been enjoined. Responding to opposition from AD/CVD petitioner Dexstar Wheel Division of Americana Development Inc. to Lionshead's bid to amend the PI at the Court of International Trade, Lionshead added that the amendment wouldn't reverse a CBP decision, as Dexstar claims (Lionshead Specialty Tire and Wheel v. United States, CIT Consol. # 24-00019).
Judges at the U.S. Court of Appeals for the Federal Circuit questioned claims from both exporter Dongkuk S&C Co. and the Commerce Department during Nov. 5 oral argument in a suit on the antidumping duty investigation on utility scale wind towers from South Korea (Dongkuk S&C Co. v. United States, Fed. Cir. # 23-1419).
China said it will continue its challenge at the World Trade Organization against the EU's countervailing duties on Chinese electric vehicles. The nation's Ministry of Commerce said on Nov. 4 it believes the EU's duties "lack both factual and legal grounds," violate WTO rules and stand as a "pretext for trade protectionism," according to an unofficial translation.
The Commerce Department and the International Trade Commission published the following Federal Register notices Nov. 6 on AD/CVD proceedings:
The Customs Rulings Online Search System (CROSS) was updated between Oct. 28 and Nov. 4 with the following headquarters ruling (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
Exporter POSCO argued on Nov. 5 that the Commerce Department's finding that the South Korean government's provision of electricity below costs is de facto specific is unsupported by substantial evidence. Filing a reply brief at the Court of International Trade, POSCO said Commerce's specificity finding "relies on a random grouping of the steel industry with two other unrelated industries" to find that the steel industry gets a disproportionate amount of the subsidy (POSCO v. United States, CIT # 24-00006).
In a motion for judgment, several Chinese tire exporters argued that the Commerce Department’s calculation of their antidumping duty rate in a recent administrative review misrepresented a mandatory respondent’s costs after Commerce applied a single per-unit expense for all boat freight without adjusting for distance (Giti Tire Global Trading v. U.S., CIT #24-00083).
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