The Court of International Trade on July 30 sustained the Commerce Department's decision on remand to remove exporter Nagase's compensation for payment expense from the company's general and administrative expense ratio. Judge Stephen Vaden also said that Nagase failed to exhaust its administrative remedies pertaining to its challenge to Commerce's assessment rate in the first review of the antidumping duty order on glycine from Japan.
The Congressional Research Service on July 26 released a report breaking down appellate decisions issued in recent years applying the U.S. Supreme Court's now-defunct Chevron standard of deference. The high court swapped this standard for a requirement of de novo review of federal agencies' interpretations of ambiguous statutes in Loper Bright v. Raimondo (see 2406280051).
The Commerce Department and the International Trade Commission published the following Federal Register notices July 30 on AD/CVD proceedings:
The following lawsuits were recently filed at the Court of International Trade:
The Commerce Department and exporter Teh Fong Min (TMF) International Co. said on July 26 that it will appeal a May Court of International Trade decision finding that the agency erred in revoking the antidumping duty orders on stilbenic optical brightening agents from Taiwan and China after it didn't receive a timely notice of intent to participate in the order's sunset reviews from a domestic producer (see 2405290050). The trade court told the agency to conduct the full sunset reviews because U.S. manufacturer Archroma U.S. filed substantive responses to the agency's notice of initiation of the sunset reviews. According to its notice of appeal, Commerce will take the case to the U.S. Court of Appeals for the Federal Circuit (Archroma U.S. v. U.S., CIT # 22-00354).
Opposing the Commerce Department’s second remand redetermination regarding Spanish utility-scale wind towers (see 2406250029), a wind tower trade coalition argued July 23 that part of an investigation’s collapsed mandatory respondent is only a holding company, and so shouldn’t be allowed to participate in the review (Siemens Gamesa Renewable Energy v. U.S., CIT # 21-00449).
A Colombian paper shopping bag exporter said in a complaint July 29 that the Commerce Department miscalculated the exporter’s dumping margin by failing to conduct a level of trade adjustment to its home market sales (Ditar v. U.S., CIT # 24-00130).
The Court of International Trade on July 26 sent back the Commerce Department's consideration of alternative time periods in using the Cohen's d test to detect "masked" dumping in the 2020-21 review of the antidumping duty order on circular welded carbon-quality steel pipe from the United Arab Emirates.
The Court of International Trade on July 30 sustained the Commerce Department's first review of the antidumping duty order on glycine from Japan. Judge Stephen Vaden said Commerce appropriately decided on remand to remove exporter Nagase's compensation for payment expenses from the company's general and administrative expense ratio. Vaden also ruled that Nagase failed to exhaust its administrative remedies regarding its request that Commerce reconsider the assessment rate.
The Commerce Department and the International Trade Commission published the following Federal Register notices July 29 on AD/CVD proceedings: