In oral argument March 7, judges on the U.S. Court of Appeals for the Federal Circuit and attorneys addressed whether the Commerce Department must, in scope rulings, make an independent determination about whether a product is covered by the plain language of an antidumping or countervailing duty order before moving on to (k)(1) factors (Magnum Magnetics Corp. v. U.S., Fed. Cir. # 24-1164)..
The Commerce Department again failed to support its inclusion of marble composite tile made by Elysium Tiles within the scope of the antidumping and countervailing duty orders on ceramic tile from China, the Court of International Trade held on March 11. Judge Jane Restani remanded Commerce's scope ruling for a second time, finding that the agency's focus on the tile's decorative features is irrelevant, and that Commerce engaged in a too-simple discussion on the additional processing the tile went through.
The Commerce Department and the International Trade Commission published the following Federal Register notices March 11 on AD/CVD proceedings:
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following lawsuit was recently filed at the Court of International Trade:
After two remands, the Court of International Trade sustained March 10 the Commerce Department’s choice of India as a surrogate over Indonesia for an antidumping duty review on Vietnamese-origin frozen fish fillets. The department’s selection was reasonable and adequately explained, it said.
The Court of International Trade on March 11 again sent back the Commerce Department's decision to include marble composite tile made by Elysium Tiles in the antidumping and countervailing duty orders on ceramic tile from China. Judge Jane Restani said "the scope language is not so clear that either party must prevail," finding both that Commerce didn't provide any (k)(1) sources to back its conclusion and that Elysium didn't sufficiently prove its composite tile is excluded from the orders as a ceramic tile.
The Commerce Department properly excluded various mattress models made by exporter PT Ecos Jaya Indonesia from the antidumping duty order on mattresses from Indonesia for being either "multifunctional furniture" or "mattress toppers," the Court of International Trade held on March 7. However, Judge Jennifer Choe-Groves said five models of PT Ecos' mattresses didn't clearly qualify for the mattress topper exclusion, since the evidence didn't sufficiently establish that they were used on top of mattresses.
The Commerce Department and the International Trade Commission published the following Federal Register notices March 10 on AD/CVD proceedings:
Custom-made steel pods imported by Ledvance aren’t covered by antidumping duty and countervailing duty orders on boltless steel shelving units, the Commerce Department said in a Feb. 28 scope ruling. The pods were previously found not to be covered by duties on steel racks (see 2501310067).