Turkish exporter Eregli Demir ve Celik Fabrikalari (Erdemir) will appeal its three separate cases filed at the Court of International Trade regarding the sunset review of an antidumping duty order on hot-rolled steel flat products from Turkey (Eregli Demir ve Celik Fabrikalari v. U.S. International Trade Commission, CIT #'s 22-00349, -00350, -00351).
Importer CVB filed a stipulation of dismissal in its case challenging the Commerce Department's scope decision finding that the antidumping duty order on wooden bedroom furniture from China doesn't cover seven models of wood platform beds imported by Zinus. Most recently in the case, the U.S. argued that CVB didn't have standing to challenge the scope decision because CVB is an importer and can't show that it was injured by the scope ruling (see 2407160052). The government said none of CVB's goods is at issue. It said the importer challenges the determination that another company's entries are outside the scope of the order, but "it has failed to demonstrate what stake it has in this determination." Counsel for CVB didn't immediately respond to a request for comment (CVB v. U.S., CIT # 24-00036).
The U.S. Court of Appeals for the Federal Circuit on Aug. 15 sustained the Commerce Department's use of adverse facts available against exporter Unicatch Industrial Co. for failing to submit adequate cost reconciliation information in the 2015-16 review of the antidumping duty order on steel nails from Taiwan.
The Court of International Trade on Aug. 16 remanded the Commerce Department's inclusion of the alleged subsidy rate for China's Export Buyer's Credit Program in exporter Risen Energy Co.'s countervailing duty margin in the 2020 review of the order on Chinese solar cells. Judge Jane Restani said that while there is a gap in the record due to the Chinese government's failure to cooperate, Risen failed to fill the gap because it submitted only nonuse certificates from all but one of its customers. However, the judge said it's unreasonable for Commerce to not prorate Risen's CVD rate for the EBCP based on all the sales the company was able to verify didn't benefit from the EBCP.
China officially requested dispute consultations with the EU on its provisional countervailing duties on Chinese electric vehicles, the World Trade Organization announced Aug. 14. China said the duties and general CVD investigation violate Article VI of the General Agreement on Tariffs and Trade 1994, which covers antidumping and countervailing duties, and the Agreement on Subsidies and Countervailing Measures.
The Commerce Department and the International Trade Commission published the following Federal Register notices Aug. 15 on AD/CVD proceedings:
Antidumping duty petitioner Ventura Coastal and respondent Louis Dreyfus Company Sucos traded briefs on the impact and relevance the Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo, which eliminated the Chevron principle of deferring to agencies' interpretations of ambiguous statutes (Ventura Coastal v. United States, CIT # 23-00009).
The Court of International Trade on Aug. 13 sustained the Commerce Department's countervailing duties on ribbon exporter Yama Ribbons and Bows pertaining to its reception of synthetic yarn and caustic soda, two ribbon inputs, for less than adequate remuneration. Judge Timothy Stanceu said Commerce adequately used adverse facts available in multiple instances of the subsidy analysis due to the Chinese government's failure to respond to the agency to the best of its ability.
The U.S. Court of Appeals for the Federal Circuit on Aug. 15 sustained the Commerce Department's use of adverse facts available against respondent Unicatch Industrial Co. in the 2015-16 review of the antidumping duty order on steel nails from Taiwan. Judges Alan Lourie, Timothy Dyk and Kara Stoll said Unicatch failed to act to the best of its ability in submitting cost reconciliation information. The court also said the 78.17% petition rate was realistic as the AFA rate since two sales from Pro-Team Coil Nail Enterprise, the other respondent, exceeded this rate. Lastly, the court said Commerce properly used the expected method in setting the average rate for non-reviewed respondents at 35.3%.
The Commerce Department and the International Trade Commission published the following Federal Register notices Aug. 14 on AD/CVD proceedings: