The Commerce Department has to reconsider two scope rulings that found that certain flanges are subject to the antidumping duty order on cast iron pipe fittings from China. In two decisions, the Court of International Trade said that Commerce either misinterpreted evidence or failed to consider all the relevant evidence when deciding that flanges from MCC Holdings, doing business as Crane Resistoflex, and Star Pipe Products are subject to the antidumping duty order.
CBP made a final determination that Amlink Sourcing evaded antidumping and countervailing duties on lightweight thermal paper from China (A-570-920/C-570-921) by misdeclaring subject goods as not covered by any AD/CVD orders and, as a result, failing to pay cash deposits on the merchandise.
The Commerce Department and the International Trade Commission published the following Federal Register notices Aug. 26-27 on AD/CV duty proceedings:
Aluminum alloy stamped circular disc blanks imported by Sunbeam for subsequent pressing into cookware are not subject to antidumping and countervailing duties on common alloy aluminum sheet from China (A-570-073/C-570-074), said the Commerce Department in a scope ruling filed Aug. 23. The scope of the AD/CVD orders covers aluminum sheet in coils or cut-to-length, not steel stamped or punched into non-rectangular shapes prior to export from China, Commerce said.
Consolidated plaintiff in an antidumping case Hyundai Steel in an Aug. 25 filing signed off on the Commerce Department's remand results (see 2106220064) dropping a cost-based particular market situation adjustment from the sales-below-cost test. The case comes from the 2016-17 administrative review of the antidumping duty order on circular welded non-alloy steel pipe from South Korea. Following elimination of the PMS adjustment, Husteel, the other plaintiff in the case, received a 6.44% dumping rate, down from 10.91%, while Hyundai received a 4.82% rate, down from 8.14%. Hyundai said no parties submitted comments opposing the remand results (Husteel Co., Ltd. v. U.S., CIT #19-00107).
The Commerce Department had more than half of the domestic industry's support when it considered an antidumping and countervailing duty petition, the Department of Justice said in an Aug. 26 reply brief at the Court of International Trade. Responding to a brief from consolidated plaintiff M S International (MSI), DOJ said that none of the company's arguments excuses “its failure to proffer evidence on the record sufficient to upset Commerce's industry support determination” (Pokarna Engineered Stone Ltd. v. U.S., CIT Consol. #20-00127).
The Court of International Trade on Aug. 27 granted the Commerce Department's request for voluntary remand in the 2017 administrative review of the countervailing duty order on certain hot-rolled steel flat products from South Korea. On remand, Commerce will reconsider its application of facts available to Hyundai Steel Company after the agency found that Hyundai received a benefit relating to "other" income from a program involving port usage rights at the Port of Incheon. Defendant-intervenor and petitioner Nucor Corp. was the only party to oppose the motion for voluntary remand.
The following new requests for antidumping and countervailing duty scope rulings were recently filed with the Commerce Department:
The Commerce Department can’t deny a Dominican aluminum extrusions exporter’s scope ruling request on the basis that CBP has already ruled on the merchandise in an Enforce and Protect Act evasion investigation, the exporter, Kingtom Aluminum, said in a letter filed with Commerce in early August.
The Commerce Department will allow more time for comments on whether Russia should be considered a nonmarket economy country for antidumping duty purposes, it said in a notice released Aug. 25. The agency is considering ending Russia's market economy status in AD duty investigations in the context of an AD duty investigation on urea ammonium nitrate solutions from Russia (A-821-831), though any determination as to Russia's status would apply generally to all AD duty proceedings involving the country. Commerce has treated Russia as a market economy since 2002. NME companies subject to AD duty proceedings must prove independence from government control, or else be assigned to the countrywide entity with AD rates that can reach into the hundreds percent. Comments, which can be submitted by the public and are not limited to participants in the urea ammonium nitrate investigation, are now due Sept. 7.