The Commerce Department and the International Trade Commission published the following Federal Register notices April 2 on AD/CVD proceedings:
Responding to a U.S. motion to dismiss (see 2502050050), importer Houston Shutters said March 31 the trade court “must" possess jurisdiction over its challenge to the Commerce Department’s refusal to conduct a changed circumstances review under 1581(i) if it doesn’t under 1581(c) (Houston Shutters v. United States, CIT # 24-00175).
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The Commerce Department erred in picking just one mandatory respondent in the 2017 review of the countervailing duty order on multilayered wood flooring from China, the Court of International Trade held in a decision made public on April 1. In a monster 117-page decision, Judge Timothy Reif remanded parts of the review, including the agency's decision on remand to stick with just one mandatory respondent.
The Court of International Trade on April 1 sustained parts and remanded parts of the Commerce Department's 2020-21 review of the countervailing duty order on phosphate fertilizers from Morocco. Judge Timothy Stanceu rejected Commerce's finding that Morocco's program for relief from tax fines and penalties is specific to OCP. The judge sustained the remaining issues in the case, which included Commerce's decision not to find a benefit from the provision of mining rights by the Moroccan government, its decision not to countervail the provision of port services, its use of adverse facts available for respondent OCP's failure to report a payroll tax refund, and its ability to request information from OCP on unspecified "other benefits" it received.
The Commerce Department and the International Trade Commission published the following Federal Register notices April 1 on AD/CVD proceedings:
Melamine exporters led by Qatar Melamine Company brought suit against the Commerce Department March 28 contesting the department’s assignment of adverse facts available to its government-supplied water and electricity purchases (Qatar Melamine Company v. United States, CIT # 25-00053).
The International Trade Commission and court-appointed amicus Andrew Dhuey scrapped over whether Dhuey should be given access to the business proprietary information in an appeal on the Court of International Trade's rejection of a request to redact information released in a court decision (In Re United States, Fed. Cir. # 24-1566).
The Court of International Trade upheld parts and sent back parts of the Commerce Department's 2017 review of the countervailing duty order on multilayered wood flooring from China.
The Commerce Department and the International Trade Commission published the following Federal Register notices March 31 on AD/CVD proceedings: