The Court of International Trade on Aug. 20 remanded the Commerce Department's 2021-22 review of the antidumping duty order on solar products from China. Judge Claire Kelly sent back Commerce's decision not to adjust exporter Trina Solar Co.'s U.S. price by the amount of six programs the agency countervailed in the most recent accompanying countervailing duty review. Kelly found that Commerce failed to explain its decision that the six programs weren't export contingent.
The Commerce Department and the International Trade Commission published the following Federal Register notices Aug. 19 on AD/CVD proceedings:
The Customs Rulings Online Search System (CROSS) was updated Aug. 7-16 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
The following lawsuits were recently filed at the Court of International Trade:
The U.S. and antidumping duty petitioner Mid Continent Steel & Wire defended the Commerce Department's use of the Cohen's d test to detect "masked" dumping, in a pair of reply briefs at the U.S. Court of Appeals for the Federal Circuit. Taiwanese steel nail exporters, led by PT Enterprise, challenged Commerce's use of a simple average for the denominator of the Cohen's d coefficient instead of a weighted average (Mid Continent Steel & Wire v. United States, Fed. Cir. # 24-1556).
The U.S. acknowledged on Aug. 16 that CBP mistakenly liquidated certain tire entries subject to an injunction from the Court of International Trade. Filing a status report, the government said the Commerce Department "took corrective action," telling CBP to "promptly return to unliquidated status any entries that had been inadvertently liquidated in violation of the Court’s order" (Titan Tire Corp. v. United States, CIT # 23-00233).
The Court of International Trade on Aug. 16 said it's unreasonable for the Commerce Department not to attempt verification of an exporter's certificates proclaiming nonuse of China's Export Buyer's Credit Program, despite the exporter not having submitted such certificates for all its customers.
The Court of International Trade on Aug. 19 sustained the Commerce Department's first sunset review of the antidumping duty order on softwood lumber from Canada. Judge Jane Restani said jurisprudence from the trade court and the U.S. Court of Appeals for the Federal Circuit on Commerce's use of the Cohen's d test doesn't compel the revocation of the AD order for exporter Resolute FP Canada. The judge held that since neither court has rejected the standard use of the test, Commerce wasn't required to revert Resolute's dumping margin to zero in the underlying investigation.
The Commerce Department and the International Trade Commission published the following Federal Register notices Aug. 16 on AD/CVD proceedings:
The following lawsuit was recently filed at the Court of International Trade: