The Court of International Trade on May 6 upheld parts and sent back parts of the Commerce Department's 2020-21 review of the countervailing duty order on phosphate fertilizer from Russia. Judge Jane Restani remanded Commerce's benchmark calculations for the provision of phosphate rock mining rights for less than adequate remuneration and natural gas for LTAR programs. The judge said Commerce improperly excluded data on phosphate rock taken from sedimentary reserves and erred in using sales of natural gas from Kazakhstan to Russia. However, Restani sustained the use of data only from 2021 to calculate the mining rights subsidy, calculation of respondent JSC Apatit's phosphate rock cost of sales plus profit, and use of adverse facts available to find that Apatit's natural gas suppliers were government authorities.
The Commerce Department and the International Trade Commission published the following Federal Register notices May 5 on AD/CVD proceedings:
After Court of International Trade Judge Timothy Stanceu remanded, for the second time, a de facto specificity finding regarding a tax penalties and fines relief program used by Moroccan exporter OCP that he called “absurd,” the Commerce Department reluctantly reversed course April 29 (The Mosaic Company v. U.S., CIT Consol. # 21-00116)..
Court of International Trade Judge Timothy Reif heard oral arguments April 30 regarding an affirmative evasion finding for countertop importer Vanguard Trading Co. Among other things, the case challenges the strict liability standard CBP has established for importers regarding evasion and CBP’s ability to decide when it must seek scope clarification from the Commerce Department during EAPA investigations (Vanguard Trading Co. v. U.S., CIT # 23-00253).
The Commerce Department and the International Trade Commission published the following Federal Register notices May 2 on AD/CVD proceedings:
Andrew Dhuey, a patent attorney and court-appointed amicus, defended Court of International Trade Judge Stephen Vaden's decision not to redact information deemed confidential by the International Trade Commission in one of his decisions before the U.S. Court of Appeals for the Federal Circuit. In an April 28 brief, Dhuey argued that 19 U.S.C. 1516a(b)(2)(B) explicitly gave Vaden discretion to disclose the contested materials (In Re United States, Fed. Cir. # 24-1566).
The Commerce Department and the International Trade Commission published the following Federal Register notices May 1 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 lawsuits were filed recently at the Court of International Trade:
The Commerce Department and the International Trade Commission published the following Federal Register notices April 30 on AD/CVD proceedings: