Cabinets with moveable shelves installed after importation meet the criteria of a scope exclusion for medicine cabinets from the antidumping and countervailing duty orders on wooden cabinets and vanities from China (A-570-106/C-570-107), including that they are assembled at the time of entry, and are not subject to AD/CV duties, the Commerce Department said in a June 11 scope ruling.
The Commerce Department continues to hold that the South Korean government did not provide a countervailable subsidy to producers of hot-rolled steel through cheap electricity and that the agency came to this conclusion in a legal way, despite a decision by the U.S. Court of Appeals for the Federal Circuit to the contrary. In June 10 remand results in the Court of International Trade, Commerce explained why the Federal Circuit was mistaken in its ruling and why it used the appropriate methodology in determining that no benefit was conferred between the Korean government and producers POSCO and Hyundai Steel (POSCO v. United States, CIT #16-00227).
The Court of International Trade sustained in part and remanded in part the Commerce Department's remand results in an antidumping administrative review on welded line pipe from Korea in a June 7 decision made public on June 15 -- the second on the case. Judge Claire Kelly took issue with Commerce's decision to reallocate the costs of production for respondent NEXTEEL Co.'s non-prime welded line pipe products to its prime products when calculating NEXTEEL's constructed value in the review. The judge sustained all of Commerce's remaining determinations in the case including findings that a particular market situation did not exist in Korea for a key input of welded line pipe products and the agency's reversal, under protest, of its initial rejection of respondent SeAH's Steel Corp.'s third country sales data into Canada to calculate normal value.
The following lawsuits were recently filed at the Court of International Trade:
Kazakhstan's Ministry of Trade and Integration is denied the right to join a countervailing duty case on silicon metal from Kazakhstan in the Court of International Trade as a plaintiff-intervenor, Chief Judge Mark Barnett declared June 11. "The motion is denied without prejudice for failure to comply with USCIT Rule 24," Barnett said in a text order. Defendant-intervenors and petitioners in the underlying CVD case, Globe Specialty Metals and Mississippi Silicon, said the trade ministry failed to mention the administrative determination to be reviewed and the issues the proposed intervenor wants to litigate (see 2106090088) (Tau-Ken Temir LLP et al. v. United States, CIT #21-00173).
The Court of International Trade sustained the final results of the second administrative review of the antidumping duty order on steel nails from Oman, in a June 14 decision. Judge Richard Eaton held that there was substantial evidence to back the Commerce Department's decision to use a Japanese company's financial statement to determine constructed value profit and indirect selling expenses for mandatory respondent Oman Fasteners, as opposed to an Indian company's financial statement. Petitioner and plaintiff in the case, Mid Continent Steel & Wire, originally contested the selection.
The Commerce Department and the International Trade Commission published the following Federal Register notices June 11 on AD/CV duty proceedings:
The Court of International Trade consolidated two cases challenging CBP's Enforce and Protect Act administrative review on carbon steel butt-weld pipe fittings, a June 8 order said. The two now-consolidated plaintiffs, Norca Industrial Co. and International Piping & Procurement Group, were subject to an EAPA investigation for allegedly evading antidumping duties on pipe fittings from China by transshipping them through Vietnam. IPPG's case, filed under case number #21-00193, will be consolidated under Norca's case, #21-00192. Both parties alleged due process violations under the EAPA investigation and claimed that the AD order does not cover their imported products (Norca Industrial Co., LLC v. United States, CIT #21-00192).
Kazakhstan's Ministry of Trade and Integration should be barred from intervening as a plaintiff-intervenor in a case challenging a countervailing duty investigation on silicon metal from that country, petitioners Globe Specialty Metals and Mississippi Silicon said in a June 9 brief in the Court of International Trade. The ministry's motion for intervention failed to state the administrative determination to be reviewed and the issues the intervenor wanted to litigate, the petitioners said. The ministry's brief contains only three “misnumbered” paragraphs that simply say it is an “interested party.” Also, since the ministry and the plaintiff in the case have the same counsel, “it is not immediately apparent how participation by [the ministry] could bring any different analyses or arguments to the Court on the very limited issues addressed by [the ministry] in the underlying proceeding” (Tau-Ken Temir LLP et al. v. United States, CIT #21-00173).
Chinese exporter Changzhou Trina Solar Energy's case was severed from a consolidated action in the Court of International Trade because the other plaintiffs are appealing the trade court's decision in the U.S. Court of Appeals for the Federal Circuit, a June 9 order said. Trina originally filed its lawsuit in CIT to challenge the final results of the fourth administrative review of the countervailing duty order on crystaline silicon photovoltaic cells from China. As a result of the CIT decision, Trina's total CVD rate dropped from 9.12% to 2.93%. CIT also ordered entries related to Trina's case liquidated (Canadian Solar Inc. et al v. United States, CIT Consol. #18-00184).