The Court of International Trade denied countervailing duty petitioner Nucor Corp.'s motion for a stay in a case involving the 2019 administrative review of the CVD order on carbon and alloy steel cut-to-length plate from South Korea. Judge Mark Barnett said the court ruled on a similar stay request in a different case also brought by Nucor, finding in both instances that "Nucor's desire to avoid duplicative efforts is not the type of 'pressing need' meriting an indefinite stay" (Nucor Corp. v. United States, CIT # 23-00003).

GreenFirst Forest is not the successor to Rayonier A.M. Canada (RYAM) for the purposes of countervailing duty calculation because RYAM still exists, DOJ said in its May 3 response brief at the Court of International Trade. DOJ asked the court to sustain Commerce’s remand redetermination on softwood lumber products from Canada (GreenFirst Forest Products v. U.S., CIT # 22-00097).

CBP ignored Congress' "unambiguous express statutory command when it failed to distribute" interest assessed after liquidation, known as delinquency interest, under the Continued Dumping and Subsidy Offset Act of 2000, appellant Monterey Mushrooms said in a reply brief at the U.S. Court of Appeals for the Federal Circuit (Adee Honey Farms, et al. v. United States, Fed. Cir. # 22-2105).

The Court of International Trade upheld the Commerce Department's remand results in a case on the 2018 countervailing duty review on utility scale wind towers from Vietnam. The court previously sent back the case so that Commerce could consider evidence relating to respondent CS Wind Vietnam's potential manipulation of its CVD margin. Judge Timothy Reif said the agency provided a reasonable explanation of its findings that CS Wind Vietnam was not manipulating the denominator in its subsidy calculation and that the steel plate in question was sourced from Vietnam.

Canadian energy company Marmen will appeal a Court of International Trade opinion that said the Commerce Department legally refused to factor a company's alleged losses related to its failure to convert certain expenses from U.S. dollars to Canadian dollars into the cost of making wind towers from Canada. According to a notice of appeal, Marmen will take the case, which concerns the antidumping duty investigation on utility scale wind towers from Canada, to the U.S. Court of Appeals for the Federal Circuit. In the opinion, the trade court found that Marmen didn't qualify for the adjustments since its exchange gains and losses were already accounted for in the AD investigation. The court also upheld Commerce's use of the Cohen's d test to root out "masked" dumping (Marmen v. United States, CIT Consol. # 20-00169).

The Court of International Trade should reject U.S. steel company Nucor Corp.'s stay motion in a case involving the 2019 administrative review of the countervailing duty order on carbon and alloy steel cut-to-length plate from South Korea, the U.S. argued. While Nucor wants the case stayed pending the resolution of litigation on the 2018 review of the same CVD order, the present action involves an issue not raised in the preceding case, the government said (Nucor Corp. v. United States, CIT #23-00003).

The Commerce Department improperly included further-processed auto parts and sales for export in its antidumping duty calculations in an administrative review on light-walled rectangular pipe and tube from Mexico, manufacturers Maquilacero and Tecnicas de Fluidos (TEFLU) argued in a May 3 complaint at the Court of International Trade. Maquilacero asked the court to remand Commerce's final results, in which Maquilacero/TEFLU was assigned a 9.2% AD margin, to the agency (Maquilacero v. U.S., CIT # 23-00091).

If the Commerce Department had chosen additional respondents in an administrative review on multilayered wood flooring from China, the results would have been more accurate and resulted in a lower duty rate, Jiangsu Senmao Bamboo and Wood Industry (Senmao) said in its May 1 comments on Commerce's remand results at the Court of International Trade (Jiangsu Senmao Bamboo and Wood Industry Co. v. U.S., CIT # 20-03885).

The Court of International Trade upheld the finding of CBP's Office of Regulations and Rulings (ORR) that MSeafood Corp. did not evade antidumping duties on frozen warmwater shrimp from India by transshipping the products through Vietnam, in a decision released to the public May 4. Judge Claire Kelly said that CBP in its affirmative evasion finding failed to consider evidence showing exporter Minh Phu Group's tracing system is reliable and arbitrarily transformed a single instance of evasion into an evasion finding for a whole year.

The Commerce Department dropped its presumption that exporter Jilin Forest Industry Jinqiao Flooring Group Co. was controlled by the Chinese government after the Court of International Trade questioned whether the agency could disregard an individually selected respondent's data in favor of the country-wide non-market economy rate. In its remand results to the trade court, Commerce assigned Jilin a zero percent dumping rate using the company's actual submissions during an antidumping duty administrative review on multilayered wood flooring from China (Jilin Forest Industry Jinqiao Flooring Group Co. v. United States, CIT # 18-00191).