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.
ITC Continues to Cumulate Russian, Argentinian, Mexican and Some South Korean OCTG in Injury Finding
Cumulation occurs on the date a petition is filed, not when the International Trade Commission votes, the ITC claimed Aug. 16 in opposition to a Court of International Trade ruling. It said this had been established by the Uruguay Round Agreements Act (Tenaris Bay City, et al. v. United States, CIT Consol. # 22-00344).
The Court of International Trade on Aug. 20 sent back the Commerce Department's decision in an antidumping duty review not to adjust exporter Trina Solar Co.'s U.S. price by six programs countervailed in the companion countervailing duty review. Judge Claire Kelly said Commerce failed to explain its finding that the six programs weren't export contingent.
The Court of International Trade in an Aug. 15 decision made public Aug. 20 remanded the Commerce Department's 2021-22 review of the antidumping duty order on frozen warmwater shrimp from India. Judge Thomas Aquilino said Commerce failed to adequately respond to the petitioners' claim that some of exporter Megaa Moda's home market sales weren't made "for consumption" in India. However, the judge sustained Commerce's decision not to offset Megaa Moda's financial expenses by money earned from its "interest subvention program" and fixed deposits with Indian bank Federal Bank Limited.
The Court of International Trade on Aug. 21 granted the government's motion to serve German paper exporter Koehler through its U.S. counsel in a suit looking to get Koehler to pay over $193 million in unpaid antidumping duties and interest. Judge Gary Katzmann said the court's Rule 4(e), which allows service on an individual in a foreign country "by other means not prohibited by international agreement," allows service through a foreign company's U.S.-located counsel. The judge added that international comity doesn't bar this type of service and that service through Koehler's U.S. counsel wouldn't strip the company of its due process rights.
The Commerce Department and the International Trade Commission published the following Federal Register notices Aug. 20 on AD/CVD proceedings:
The following lawsuit was recently filed at the Court of International Trade:
The Court of International Trade on Aug. 16 reassigned an antidumping duty scope case on Chinese garlic from Judge Gary Katzmann to Judge M. Miller Baker. Importer Marcatus QED filed suit, claiming the Commerce Department erred in finding that the company's shipments of preserved garlic in brine fell within the scope of the AD order on fresh garlic from China (see 2406140039). Baker already has been assigned at least one other case related to the scope of antidumping duties on Chinese garlic (see 2408090042) (Marcatus QED v. U.S., CIT # 24-00091).
Antidumping duty petitioner Catfish Farmers of America on Aug. 15 opposed the Commerce Department's remand results in a suit on the 2017-18 administrative review of the AD order on frozen fish fillets from Vietnam. In comments submitted to the Court of International Trade, the petitioner contested Commerce's conclusion that India offered better quality surrogate value data than Indonesia for generally valuing the fish fillets' factors of production (Catfish Farmers of America v. U.S., CIT # 20-00105).
The Court of International Trade on Aug. 19 sustained the Commerce Department's decision not to amend the antidumping duty order on softwood lumber from Canada to revoke the order as to exporter Resolute FP Canada in the sunset review of the order.