Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The Commerce Department and the International Trade Commission published the following Federal Register notices Sept. 10 on AD/CVD proceedings:
Exporters CS Wind Malaysia and CS Wind Korea filed a complaint at the Court of International Trade on Sept. 6 challenging the Commerce Department's 2021-22 review of the antidumping duty order on utility scale wind towers from Malaysia. The companies, collectively referred to as CS Wind, challenged Commerce's alleged failure to apply a cost adjustment to CS Wind's cost of manufacturing and decision to calculate the constructed value profit and selling expense ratios based on an average of two surrogate Malaysian companies (CS Wind Malaysia v. U.S., CIT # 24-00150).
In a Sept. 4 motion for judgment, an Italian pasta exporter whose countervailing duty rate jumped from under 2% to 88.67% due to the application of adverse facts available again argued that, based on the Eighth Amendment, AFA must still be assessed accurately and not be calculated to destroy a company entirely (see 2402290018) (Pastificio Gentile S.r.l. v. U.S., CIT # 24-00037).
In oral argument Sept. 3 before the U.S. Court of Appeals for the Federal Circuit -- which the case's primary exporter attempted to avoid (see 2408020019 and 2408120039) -- judges clashed with the government over the Commerce Department's decision to assign unallocated costs to overhead, rather than another cost category (Risen Energy Co. v. U.S., Fed. Cir. # 23-1550).
The Commerce Department and the International Trade Commission published the following Federal Register notices Sept. 9 on AD/CVD proceedings:
The Commerce Department stuck by its treatment of antidumping duty respondent Assan Aluminyum's raw material costs and hedging revenues on remand at the Court of International Trade in the AD investigation on aluminum foil from Turkey. However, the agency modified Assan's duty drawback adjustment, resulting in a slight uptick in the respondent's AD rate, from 2.28% to 2.3% (Assan Aluminyum Sanayi ve Tiaret v. United States, CIT # 21-00616).
The Commerce Department and the International Trade Commission published the following Federal Register notices Sept. 6 on AD/CVD proceedings:
The following lawsuits were recently filed at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit on Sept. 5 issued its mandate in a trio of cases on whether the Continued Dumping and Subsidy Offset Act of 2000 requires payouts of interest assessed after liquidation, known as delinquency interest, to affected domestic producers. In July, the court said the Act doesn't require the payment of delinquency interest but only requires payments of interest that's "earned" on antidumping and countervailing duties and "assessed under" the associated AD or CVD order (see 2407150031). The mandate awarded $44.16 in costs to the U.S. (Adee Honey Farms, et al. v. United States, Fed. Cir. # 22-2105) (Hilex Poly Co. v. United States, Fed. Cir. # 22-2106) (American Drew v. United States, Fed. Cir. # 22-2114).