The Commerce Department unlawfully found that the South Korean government's provision of electricity for less than adequate remuneration (LTAR) was de facto specific based on heavy consumption by the chemical industry, exporter Kumho P&B Chemicals argued in a Dec. 2 motion for summary judgment at the Court of International Trade (Kumho P&B Chemicals v. United States, CIT Consol. # 25-00143).
The Commerce Department failed to adequately explain its treatment of costs needed to convert steel plates into wind towers in the 2021-22 administrative review of the antidumping duty order on utility scale wind towers from South Korea, the Court of International Trade held on Dec. 2. Judge Leo Gordon said the U.S. provided "inadequate" explanation of the decision to use respondent Dongkuk’s reported conversion costs instead of the costs reported by the petitioner, the Wind Tower Trade Coalition.
Electronics importer Harman International Industries agreed to pay more than $11.8 million to settle allegations it evaded antidumping and countervailing duties on aluminum extrusions from China, the U.S. Attorney's Office for the Eastern District of Michigan announced on Nov. 26.
The Commerce Department and the International Trade Commission published the following Federal Register notices Dec. 2 on AD/CVD proceedings:
The U.S. Court of Appeals for the Federal Circuit issued its mandate on Dec. 1 in an antidumping duty case after finding the Commerce Department erred in using likely selling prices as facts otherwise available for AD respondent AG der Dillinger Huttenwerke's cost of production in the AD investigation on carbon and steel cut-to-length plate from Germany (see 2510060037). The court said 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," and that no such relationship existed between the likely selling prices and Dillinger's cost of production (AG der Dillinger Huttenwerke v. United States, Fed. Cir. # 24-1498).
The Commerce Department abused its discretion in rejecting information submitted by countervailing duty respondent Ternium Mexico regarding three alleged subsidy programs in the CVD investigation on corrosion-resistant steel products, Ternium argued in a Nov. 26 complaint at the Court of International Trade (Ternium Mexico v. United States, CIT # 25-00236).
The U.S. Court of Appeals for the Federal Circuit questioned whether it should grant the government's voluntary remand motion in an antidumping duty case on the Commerce Department's use of the Cohen's d test in light of CAFC's decisions in Stupp v. U.S. and Marmen v. U.S. During oral argument held Dec. 1, Judges Richard Taranto, William Bryson and Tiffany Cunningham appeared ready to grant the motion, asking the parties what specifically the remand order should say (Mid Continent Steel & Wire v. United States, Fed. Cir. # 24-1556).
The Court of International Trade on Dec. 2 remanded the Commerce Department's treatment of the costs to convert steel plates into wind towers in the 2021-22 antidumping review of utility wind scale towers from South Korea. Judge Leo Gordon found that Commerce failed to adequately explain why it chose to accept respondent Dongkuk's reported conversion costs instead of the costs reported by the petitioner, the Wind Tower Trade Coalition. The judge rejected the government's "circular reasoning" that Dongkuk reported its conversion costs "based on its normal books and records," and the judge held that the agency didn't explain why the petitioner's costs analysis using the first control number characteristic, tower sections, is "inappropriate."
World Trade Organization members adopted a compliance panel report in a dispute on Colombia's antidumping duties on frozen fries from Belgium, Germany and the Netherlands during the Nov. 24 meeting of the Dispute Settlement Body.
The Commerce Department and the International Trade Commission published the following Federal Register notices Dec. 1 on AD/CVD proceedings: