Countervailing duty petitioner Rebar Trade Action Coalition said the U.S. Court of Appeals for the Federal Circuit has the authority to reinstate the Commerce Department's original determination attributing subsidies received by an exporter's cross-owed input supplier to the exporter itself (Kaptan Demir Celik Endustrisi ve Ticaret v. United States, Fed. Cir. # 24-1431).
Countervailing duty respondent Riverside Plywood and its cross-owned affiliate Baroque Timber Industries (Zhongshan) Co. said the Commerce Department improperly used adverse facts available to find that all of its input suppliers were government authorities (Baroque Timber Industries (Zhongshan) Co. v. United States, CIT # 24-00106).
The Continued Dumping and Subsidy Offset Act of 2000 doesn't require payouts of interest assessed after liquidation, known as delinquency interest, to affected domestic producers, the U.S. Court of Appeals for the Federal Circuit said July 15. Judges Alan Lourie, Kara Stoll and Tiffany Cunningham said that the statute only provides for interest that's "earned on" antidumping and countervailing duties and "assessed under" the associated AD or CVD order.
The Commerce Department and the International Trade Commission published the following Federal Register notices July 15 on AD/CVD proceedings:
The following lawsuit was recently filed at the Court of International Trade:
The government told the Court of International Trade that importer Precision Components' low-carbon steel blanks fall within the scope of the antidumping duty order on tapered roller bearings from China. Filing a reply brief on July 12, the U.S. said Precision conceded that its blanks described in the 2023 scope ruling request are plainly covered by a 2020 ruling similarly finding the blanks to fall under the scope of the order (Precision Components v. United States, CIT # 23-00218).
A domestic producer of boltless steel shelving units brought a complaint to the Court of International Trade on July 11 arguing that the Commerce Department had wrongly refused to use the surrogate it suggested in an antidumping duty investigation (Edsal Manufacturing Co. v. U.S., CIT # 24-00108).
Antidumping petitioner Lumimove, doing business as WPC Technologies, challenged four elements of the Commerce Department's review of the AD order on strontium chromate from Austria covering entries in 2021-22, in a July 11 complaint at the Court of International Trade (Lumimove v. U.S., CIT # 24-00105).
The U.S. Court of Appeals for the Federal Circuit issued its mandate in a countervailing duty investigation on ripe olives from Spain. In its decision, the appellate court said the Court of International Trade was wrong to impose a 50% threshold in determining whether demand for a processed agricultural product is "substantially dependent" on its raw upstream iteration for purposes of assigning countervailing duties (see 2405200045). Judges Sharon Prost, William Bryson and Leonard Stark said that the Commerce Department shall receive "considerable discretion" in determining whether such demand is substantially dependent due to the general nature of the terms "substantially dependent" (Asociacion de Exportadores e Industriales de Aceitunas de Mesa v. United States, Fed. Cir. # 23-1162).
The U.S. Court of Appeals for the Federal Circuit on July 15 said that the Continued Dumping and Subsidy Offset Act of 2000 doesn't require the distribution of interest assessed after liquidation, known as delinquency interest. Judges Alan Lourie, Kara Stoll and Tiffany Cunningham said that the CDSOA only includes reference to interest that is "earned on" AD/CVD and "assessed under" the associated AD or CVD order, and that this interest is the only type to be deposited into the statute's "special accounts."