The Commerce Department erred in deciding to "smooth" antidumping duty respondent Prolamsa's production costs in the 2022-23 administrative review of the AD order on heavy walled rectangular carbon welded steel pipes and tubes from Mexico, Prolamsa argued in an Oct. 3 complaint at the Court of International Trade (Productos Laminados de Monterrey v. United States, CIT # 25-00195).
The Commerce Department properly decided on remand not to countervail an exemption from Turkey's Banking and Insurance Transactions Tax on foreign exchange transactions, the Court of International Trade held in an Oct. 6 decision. In upholding the 2023 administrative review of the countervailing duty order on steel concrete reinforcing bar from Turkey, Judge Gary Katzmann also sustained Commerce's decision to use a report from Colliers International as the benchmark for valuing the rent-free lease of land to respondent Kaptan's affiliate Nur over a report from Cushman & Wakefield.
Court of International Trade Judge Gary Katzmann remanded Oct. 6 parts of the Commerce Department’s 2021 review of the countervailing duty order on steel rebar from Turkey, asking the department to rework its application of adverse facts available to Kaptan Demir’s use of a social security benefits law, Turkish Law 27256. He agreed the department had based its decision solely on information it had declined to add to the record.
A World Trade Organization dispute panel on Oct. 2 found that the EU violated its WTO commitments in its antidumping and countervailing duty proceedings on stainless steel cold-rolled flat products from Indonesia. Specifically, the dispute panel rejected the European Commission's attempt to countervail Chinese transnational subsidies in the Indonesian steel sector.
The Commerce Department erred in using likely selling prices as facts otherwise available for antidumping duty respondent AG der Dillinger Huttenwerke's cost of production, the U.S. Court of Appeals for the Federal Circuit held on Oct. 6. Judges Alan Lourie, Timothy Dyk and Jimmie Reyna held that where there's a gap to fill on the record, "there must be a reasonable relationship between the selected facts otherwise available and the gap to be filled."
The U.S. Court of Appeals for the Federal Circuit on Oct. 3 issued its mandate in an antidumping duty and countervailing duty scope case on importer Valeo North America's T-series aluminum sheet. In August, the Federal Circuit said the Commerce Department properly included Valeo's sheet in the scope of the AD/CVD orders on common alloy aluminum sheet from China (see 2508120034). The court disagreed with the importer as to the ambiguity in the orders' scope and on whether its aluminum sheet falls outside the orders' scope, since it's heat-treated (Valeo North America v. United States, Fed. Cir. # 24-1189).
Commerce wrongly requested from a mandatory respondent in a countervailing duty administrative review information about five government programs the department never determined were countervailable subsidies, exporter OCP said Sept. 30 (OCP v. United States, CIT Consol. # 24-00227).
The U.S. Court of Appeals for the Federal Circuit on Oct. 2 scheduled a pair of cases for oral argument on Nov. 4 regarding the International Trade Commission's policy of redacting business proprietary information in questionnaire responses. The court said the two sides, which are the ITC and two court-appointed amici, will each get 20 minutes, with the two amici -- patent attorney Andrew Dhuey and Alex Moss, the executive director of the Public Interest Patent Law Institute -- splitting their 20 minutes (In Re United States, Fed. Cir. #s 24-1566, 25-127).
The Court of International on Oct. 6 sustained the Commerce Department's 2023 review of the countervailing duty order on steel concrete reinforcing bar from Turkey. Following a remand on the agency's de jure specificity finding of an exemption from Turkey's Banking and Insurance Transactions Tax on foreign exchange transactions and its selection of a report from Colliers international to use as the benchmark to value rent-free lease of land to respondent Kaptan's affiliate, Judge Gary Katzmann upheld Commerce's decisions not to countervail the tax exemption but to stick with the Colliers report. Regarding the specificity determination, Katzmann said he already rejected the claims that the tax exemption was de jure specific, adding that the agency operated within its discretion in not engaging in more of a de facto specificity investigation or using adverse facts available given the Turkish government's failure to provide requested information on remand.
The U.S. Court of Appeals for the Federal Circuit on Oct. 6 sent back the Commerce Department's antidumping duty investigation on carbon and alloy steel cut-length-plate from Germany. Judges Alan Lourie, Timothy Dyk and Jimmie Reyna upheld Commerce's rejection of respondent AG der Dillinger Huttenwerke's proposed adjustments to the agency's model-match methodology, though the judges said it was "unreasonable for Commerce to use likely selling price as facts otherwise available for cost of production." The court stressed that "when there is a gap to fill" in the record, "there must be a reasonable relationship between the selected facts otherwise available and the gap to be filled."