The South Korean government urged the Court of International Trade to not confuse "disparity" with "disproportionality" in assessing the Commerce Department's de facto specificity finding on the Korean government's alleged provision of electricity below cost. Filing a reply brief on Aug. 12 in a case on the 2021 countervailing duty review on cut-to-length carbon-quality steel plate from South Korea, the Korean government said the fact that a few industries used a large amount of electricity doesn't establish de facto specificity (Hyundai Steel Co. v. United States, CIT # 23-00211).
In response to attacks from multiple sides, the U.S. asked the Court of International Trade on Aug. 7 to remand the results of its first antidumping duty review on Indonesian mattresses so that it could look into a calculation error alleged by exporters (PT Ecos Jaya Indonesia v. U.S., CIT # 24-00001).
A domestic glycine producer brought its case to the Court of International Trade to make up for omissions and errors it made in a scope ruling application, the U.S. claimed Aug. 9. It asked the court to reject the producer’s motion for judgment because it had failed to exhaust its arguments during the administrative process (Deer Park Glycine, LLC v. U.S., CIT # 23-00238).
Exporters Shanghai Tainai Bearing Co. and C&U Americas argued in an Aug. 13 motion for judgment at the Court of International Trade that the Commerce Department's differential pricing analysis is not allowed by the statute in antidumping reviews and is only permissible for AD investigations (Shanghai Tainai Bearing Co. v. United States, CIT # 24-00025).
The Court of International Trade on Aug. 13 sustained the Commerce Department's 2018 review of the countervailing duty order on narrow woven ribbons from China. Judge Timothy Stanceu upheld Commerce's decision on remand to drop the subsidy rate pertaining to exporter Yama Ribbons and Bows' alleged use of China's Export Buyer's Credit Program. The judge also said the agency properly countervailed the Chinese government's provision of synthetic yarn and caustic soda, two ribbon inputs, for less than adequate remuneration. The court sustained Commerce's use of adverse facts available related to these two programs due to the Chinese government's failure to respond to the best of its ability.
The Commerce Department and the International Trade Commission published the following Federal Register notices Aug. 13 on AD/CVD proceedings:
T-Type Spare Tires Not for Regular Use on Passenger Cars or Light Trucks Not Subject to Taiwanese AD
Certain T-type spare tires imported by Cheng Shin Rubber USA from Taiwan are not covered by an antidumping duty order on Taiwanese light truck tires, the Commerce Department said in an Aug. 5 scope ruling.
The following lawsuits were recently filed at the Court of International Trade:
Countervailing duty petitioner The Mosaic Co. and respondent OCP each moved the Court of International Trade for judgment last week in a combined suit on the first review of the CVD order on phosphate fertilizers from Morocco (The Mosaic Co. v. U.S., CIT Consol. # 23-00246).
An exporter and a petitioner each filed an opposition to the Commerce Department’s final results upon remand for an antidumping duty review on Indian-origin steel pipe, in which the department provided a strong defense of adverse facts available as a tool to combat the problem of noncooperative unaffiliated suppliers (see 2407100037) (Garg Tube Export v. U.S., CIT # 21-00169).