Court of International Trade Judge Richard Eaton issued opinions for two antidumping and countervailing cases, sustaining the second remand results in one and remanding the application of adverse facts available in another.
The Court of International Trade on May 5 upheld the Commerce Department's rejection of Vietnamese steel exporter Vnsteel-Phu My Flat Steel Co.'s (PMF) quantity and value questionnaire in an antidumping duty circumvention case. In the opinion, Judge Timothy Reif sided with Commerce, ruling that the agency's decision to instead apply adverse facts available was in accordance with the law, given PMF's incomplete, then untimely resubmission of, the Q&V questionnaire form.
The Commerce Department and the International Trade Commission published the following Federal Register notices May 5 on AD/CV duty proceedings:
Truck and bus tire exporter Guizhou Tyre Co. cited a recent Court of International Trade opinion to argue that it should be given an individual dumping rate in an antidumping investigation of truck and bus tires from China, in an April 30 notice of supplemental authority. Drawing on CIT's April 29 opinion in Jilin Forest Industry Jinqiao Flooring Group Co. v. U.S. (see 2104300079), Guizhou claimed that an argument it made in its own case in CIT directly mirrors one accepted by the court about how de facto government control is determined by the Commerce Department.
The Court of International Trade issued two decisions related to the application of adverse facts available in antidumping duty proceedings on solar cells from China and cold-rolled steel flat products from South Korea shipped through Vietnam.
The Commerce Department will no longer apply adverse facts available to the antidumping rate for an Indian shrimp exporter, it said in remand results filed May 4 (Calcutta Seafoods Pvt. Ltd. v. U.S., CIT # 19-00201). The filing follows a Feb. 3 Court of International Trade decision which found that Commerce did not aid a small, first-time mandatory respondent to an AD case enough and unlawfully applied AFA to the exporter (see 2102030006). Commerce will now use neutral facts available, leading the agency to drop frozen warmwater shrimp exporter Elque Group's dumping margin to 27.66% from 110.9%.
The Commerce Department and the International Trade Commission published the following Federal Register notices May 4 on AD/CV duty proceedings:
The following new requests for antidumping and countervailing duty scope rulings were filed with the Commerce Department during the week of April 26-30:
The Department of Justice wants an entry of plywood imported from China scratched from a customs challenge in the Court of International Trade by BRAL Corporation, since the importer failed to file a protest against the entry's liquidation (BRAL Corp. v. U.S., CIT # 20-00154). In a May 3 memo in support of a partial motion to dismiss, DOJ said the entry, one of 12 in dispute in the case, was reliquidated twice by CBP as the agency attempted to sort out the antidumping and countervailing duties applicable to the plywood imports. Since BRAL did not protest the second reliquidation, yet challenges it in court anyway, the entry should be dismissed from the case for lack of jurisdiction, DOJ said.
The Court of International Trade on May 3 granted the Commerce Department’s request to reopen its 2016-17 antidumping duty administrative review on circular welded non-alloy steel pipe from South Korea. Commerce had requested remand of the final results because a CIT decision issued in a separate case in December 2020 ruled against the agency’s application of a particular market situation finding under similar circumstances.