The Commerce Department and the International Trade Commission published the following Federal Register notices Oct. 28 on AD/CVD proceedings:
The government's service of German exporter Koehler on its U.S. counsel in a customs penalty suit was "improper and insufficient," leaving the Court of International Trade without personal jurisdiction over the company, Koehler argued in an Oct. 24 motion to dismiss. The company added that even if service was sufficient, the court has no personal jurisdiction over the company anyway, since it's a German firm and the U.S. allegations don't relate to any activity by the company in the U.S. (United States v. Koehler Oberkirch GmbH, CIT # 24-00014).
A petitioner and an exporter responded Oct. 17 to the Commerce Department’s results on remand of a review of common alloy aluminum sheet from Turkey (see 2409060031), which saw the department mostly maintain its earlier positions (see 2405080048) (Assan Aluminyum Sanayi ve Ticaret v. U.S., CIT # 21-00616).
In a science-heavy motion for judgment filed Oct. 24, an importer of enriched isotope compounds said that the Commerce Department had, in a scope ruling, misunderstood the essential chemistry behind its products (Cambridge Isotope Laboratories v. U.S., CIT # 23-00080).
The International Trade Commission legally found on remand that Russian seamless pipe imports are non-negligible, as part of its injury determination on the products, the Court of International Trade held on Oct. 25. Judge M. Miller Baker said that CBP made "reasonable estimates" of the amount of in-scope merchandise imported from other nations, as this would affect the negligibility calculation for Russian seamless pipe.
The Court of International Trade sustained the Commerce Department's authority to "promulgate" its regulation allowing the agency to countervail Vietnam's currency undervaluation. However, Judge Timothy Reif issued a lengthy remand to the agency regarding whether exporter Kumho Tire (Vietnam) Co. benefited from the currency undervaluation in a countervailing duty investigation.
Exporter The Ancientree Co. failed to timely raise a ministerial error allegation regarding an adjustment to its U.S. price in an antidumping duty review, the Court of International Trade held on Oct. 24. Judge Mark Barnett said that the Commerce Department's regulations required Ancientree to identify any ministerial errors present in the preliminary results and make all relevant arguments about them in its administrative case brief -- something the company failed to do.
The Commerce Department and the International Trade Commission published the following Federal Register notices Oct. 25 on AD/CVD proceedings:
The Court of International Trade on Oct. 24 said exporter The Ancientree Co. failed to timely raise its ministerial error allegation in an antidumping review on Chinese cabinets, finding that the company didn't file the allegation until after the final results even though the error was present in the preliminary findings. The company said its U.S. price should have been adjusted to account for an alleged subsidy it received from China's Export Buyer's Credit Program that was countervailed in the companion CVD proceeding. Judge Mark Barnett held that none of the exceptions to exhaustion applied.
The Commerce Department and the International Trade Commission published the following Federal Register notices Oct. 24 on AD/CVD proceedings: