Turkish exporter Eregli Demir ve Celik Fabrikalari (Erdemir) filed three reply briefs in a trio of related cases at the U.S. Court of Appeals for the Federal Circuit, all of which are looking to get the International Trade Commission to account for litigation excluding respondent Colakoglu from the antidumping duty order on hot-rolled steel from Turkey in its assessment of whether the U.S. industry was injured (Eregli Demir ve Celik Fabrikalari v. U.S. International Trade Commission, Fed. Cir. #s 24-2242, -2243, -2249).
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.
China opened a dispute at the World Trade Organization on April 8 on the U.S. reciprocal tariffs, claiming that the duties violate the General Agreement on Tariffs and Trade (GATT) 1994, the Agreement on Customs Valuation and the Agreement on Subsidies and Countervailing Measures. China's challenge covers the 34% additional tariff on Chinese imports that is set to take effect April 9, along with the 10% duty on imports from all trading partners, which took effect on April 5.
The Commerce Department and the International Trade Commission published the following Federal Register notices April 8 on AD/CVD proceedings:
The following lawsuits were filed recently at the Court of International Trade:
Responding to a Court of International Trade request to discuss “the statutory scheme of who is eligible to apply for a separate rate,” wood moldings and millwork products exporters China Cornici and RaoPing said applicants shouldn’t need a suspended entry during the relevant review period (China Cornici Co. Ltd. v. U.S., CIT #s 23-000216, -00217).
Various trade-related agencies recently issued a unified report to President Donald Trump discussing a range of trade topics, including the administration of antidumping duty and countervailing duty laws, the White House announced. The administration released a summary of each section, noting that for AD/CVD laws, the report recommends adding new countries to the "list of non-market economies" and engaging in more self-initiation of new AD/CVD investigations.
The Commerce Department and the International Trade Commission published the following Federal Register notices April 7 on AD/CVD proceedings:
The U.S. Court of Appeals for the Federal Circuit issued its mandate on April 4 after issuing a decision finding that the Commerce Department's third factor for assessing a foreign government's de facto control over an exporter, which addresses the selection of management, doesn't require a link to export activities. The appellate court also said Commerce properly requires separate rate respondents to "carry a burden of persuasion to justify a separate rate," rejecting exporter Pirelli Tyre Co.'s claim that the agency shouldn't have conflated a rebuttable presumption with a requirement to carry a burden of persuasion (see 2502110030). The court found that Pirelli didn't rebut the presumption of foreign state control in the 2017-18 review of the antidumping duty order on passenger vehicle and light truck tires from China (Pirelli Tyre Co. v. United States, Fed. Cir. # 23-2266).
Importer Scioto Valley Woodworking opposed April 2 a Commerce Department finding on remand (see 2501310016) that it had evaded antidumping and countervailing duties (American Kitchen Cabinet Alliance v. United States, CIT # 23-00140).