The Commerce Department and the International Trade Commission published the following Federal Register notices July 17 on AD/CVD proceedings:
The Commerce Department on July 12 released a proposed rule updating various aspects of its antidumping and countervailing duty regulations. The agency said the changes largely "codify existing procedures and methodologies" and also "create or revise" provisions related to the "collection of cash deposits," use of AD rates on nonmarket economy nations, calculation of an all-others' rate, respondent selection and "attribution of subsidies received by cross-owned input producers and utility providers to producers of subject merchandise."
Loper Bright was cited yet again -- this time in a challenge to a sunset review’s finding that a softwood lumber exporter probably would continue dumping its products in the absence antidumping duties -- as attorneys continue trying to define the new limits of judicial discretion in the post-Chevron era (see 2406280051) (Resolute FP Canada v. U.S., CIT # 23-00095).
Importer Amsted Rail Co. and its Mexican maquiladora affiliate ASF-K Mexico told the Court of International Trade on July 15 that the Commerce Department's failure to disqualify its former counsel, Buchanan Ingersoll partner Daniel Pickard, invalidates the agency's antidumping duty investigation on freight rail couplers from Mexico. Filing a motion for judgment, ARC said Pickard "betrayed" the company by using its information against it in an AD petition and that it didn't consent to Pickard representing an opposing party (Amsted Rail Co. v. U.S., CIT # 23-00242).
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The U.S. told the Court of International Trade on July 15 that importer CVB cannot meet constitutional or statutory standing to challenge the Commerce Department's scope decision finding that seven models of wood platform beds imported by Zinus aren't covered by the scope of the antidumping duty order on wooden bedroom furniture from China (CVB v. United States, CIT # 24-00036).
The Commerce Department and the International Trade Commission published the following Federal Register notices July 16 on AD/CVD proceedings:
The U.S. Court of Appeals for the Federal Circuit on July 15 issued its mandate in an antidumping duty review on Indian frozen warmwater shrimp after it affirmed the Court of International Trade's decision to sustain the Commerce Department's use of antidumping duty respondent Z.A. Sea Foods' Vietnamese sales to calculate normal value (see 2406070034). The decision was issued without an accompanying opinion. The trade court said petitioner Ad Hoc Shrimp Trade Action Committee failed to flesh out its claim that, since ZASF's Vietnamese sales were not actually for consumption in Vietnam, Commerce couldn't use them to set normal value (see 2212070036) (Z.A. Sea Foods Private Ltd. v. United States, Fed. Cir. # 23-1469).
Importer Atlas Power is attempting to use a U.S. request to withdraw an admission of fact in a customs case to root out the government's "alternative classification" of the graphics processing units at issue, the U.S. said following Atlas' opposition to the U.S. motion (Atlas Power v. United States, CIT # 23-00084).
In litigation brought by a Vietnamese solar panel exporter, an importer said July 9 that the Commerce Department couldn’t find that all of a country’s exporters had circumvented antidumping and countervailing duty orders based on finding that one mandatory respondent did (Trina Solar (Vietnam) Science & Technology Co. v. U.S., CIT # 23-00228).