The Court of International Trade sustained the Commerce Department's final results in a changed circumstances review on Argentine biodiesel, finding that the situation hadn't changed regarding countervailable subsidies for Argentina's biodiesel industry. Commerce based the underlying CVD order on an export tax differential between Argentine biodiesel and soybeans. The Argentine government then petitioned for a CCR, arguing that the rates were now equal. In the preliminary results of the CCR, Commerce held that the tax differential had in fact changed, slashing the CVD rate for biodiesel. After new evidence was given to the agency, Commerce found the biodiesel subsidy situation to be in "flux," eventually maintaining the original CVD rate.
The Commerce Department and the International Trade Commission published the following Federal Register notices Sept. 20 on AD/CV duty proceedings:
An anti-circumvention inquiry requested by a U.S. industry coalition amounts to an attempt to impose new antidumping and countervailing duties on solar cells from Malaysia, Thailand and Vietnam without the strictures of real AD/CVD investigations, rather than serving as valid allegations of circumvention of Chinese solar cells duties, two U.S. importers said in a brief filed Sept. 15 asking the Commerce Department not to initiate the inquiries.
The American Honey Producers Association filed a brief Sept. 14 with the Commerce Department alleging a particular market situation exists for the agency’s antidumping duty investigation on raw honey from India (A-533-903). The association, petitioner in the case, said the prevalence of cheap adulterated honey made with significant amounts of sugar syrup on the Indian market have depressed prices for Indian raw honey.
Flat bulk continuous filament (BCF) yarn made from polybutylene terephthalate (PBT) is not subject to antidumping and countervailing duties on polyester textured yarn from India (A-533-885/C-553-886), the Commerce Department said in a Sept. 15 scope ruling. The scope of the AD/CVD orders covers “multifilament yarn that is manufactured from polyester (polyethylene terephthalate),” and excludes bulk continuous filament yarn made from PET that meets certain physical requirements. The yarn at issue in the scope request, submitted by AYM Syntex Ltd., is a single-strand yarn, and is made from PBT, not PET, Commerce said. “We determine that BCF yarn produced from PBT is outside the scope of the Orders based on the plain language of the scope …,” Commerce said. “BCF yarn, the product at issue in AYM’s request, is produced from PBT -- not PET, as expressly identified in the plain scope language.”
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade sustained the remand results in two similar antidumping duty cases after the Commerce Department dropped a particular market situation adjustment to the cost of production in the sales-below-cost test. The court issued two opinions on Sept. 17, both in cases brought by steel exporter Saha Thai Steel Pipe Public Company Ltd. which challenged the 2016-17 and 2017-18 administrative reviews of the antidumping duty order on circular welded carbon steel pipes and tubes from Thailand. Judge Jennifer Choe-Groves had issued a total of three prior remands between the two cases, finding that the PMS adjustment was contrary to law, prompting Commerce to finally drop the adjustment under respectful protest.
The Court of International Trade granted the Commerce Department's motion to lift a stay and voluntarily remand an antidumping duty challenge to give the agency a chance to consider new information showing inaccuracies in the mandatory respondent's reported sales prices. Pirelli Tyre Co., who received the all-others rate in the 2017-18 administrative review of the antidumping duty order on passenger vehicle and light truck tires from China. Commerce said the inaccuracies are based on potential fraud.
The Court of International Trade sustained the Commerce Department's switch to neutral facts available from adverse facts available in an antidumping duty review due to the agency's failure to provide adequate assistance to a small, first-time respondent. The plaintiff -- Calcutta Seafoods, Bay Seafood and Elque & Co., referred to as the Elque Group -- challenged the final results of the 2017-18 administrative review of the antidumping duty order on frozen warmwater shrimp from India. In the court's first opinion in the case, Judge Gary Katzmann said that the Elque Group gave proper notice of its need for help, which Commerce failed to give. Commerce's move away from AFA will cause Elque Group's dumping margin to fall to 27.66%, from 110.9%.
The Commerce Department released a final rule making extensive changes to its antidumping and countervailing duty regulations, including on scope and anti-circumvention inquiries. Currently scheduled for publication Sept. 20, the final rule is intended to “strengthen the administration and enforcement of AD/CVD laws, make such administration and enforcement more efficient, and to create new enforcement tools for Commerce to address circumvention and evasion of trade remedies.”