The Commerce Department dropped its use of a cost-based particular market situation adjustment in an antidumping duty review for exporter Garg Tube on remand at the Court of International Trade, decreasing the company's dumping rate from 13.90% to 8.42% if the remand results are sustained. The agency said that because of the U.S. Court of Appeals for the Federal Circuit's holding in Hyundai Steel v. U.S., which found such an adjustment illegal under the 2015 Trade Preferences Extension Act (see 2108050070), it no longer was able to make the adjustment in the 2018-19 administrative review of the AD order on welded carbon steel standard pipes and tubes from India (Garg Tube Export v. U.S., CIT # 21-00169).

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Two separate motions for summary judgment in a case involving allegedly defective plywood were shot down by Court of International Trade Judge Jennifer Choe-Groves in a March 20 opinion. Choe-Groves found that Bral had not sufficiently made a case under the customs regulations that all its imported plywood was defective and should have been appraised at a lower value, but neither had DOJ proven otherwise.

Minority ownership by government-controlled entities does not change the presumption of government control, Court of International Trade Judge Jennifer Choe-Groves ruled in a March 20 opinion. The opinion upheld the Commerce Department's use of the China-wide rate for Pirelli Tyre on remand, with Choe-Groves holding that Pirelli failed to rebut the presumption in an antidumping duty administrative review of certain passenger vehicle and light truck tires from China.

The Commerce Department legally used a quarterly ratios methodology to set the quantity of subject mattresses sold by respondent Zinus Indonesia in an antidumping duty investigation, the Court of International Trade ruled on March 20. Ruling on seven specific challenges raised by Zinus Indonesia and AD petitioner Brooklyn Bedding, Judge Jennifer Choe-Groves also upheld Commerce's decision to use surrogate financial information from Indian mattress maker Emirates Sleep Systems, calculation and application of a profit cap and adjustment to Zinus U.S.'s reported sales deductions.

The Commerce Department failed to follow a Court of International Trade directive in its remand results concerning Yama Ribbons and Bows' alleged receipt of benefits from China's Export Buyer's Credit Program, said Yama in its March 17 response brief (Yama Ribbons and Bows v. U.S., CIT # 20-00059). Yama asked the court to instruct Commerce to apply an appropriate rate for the EBCP not based on adverse facts.

The Commerce Department erred when it used adverse facts available against Korean exporter SeAH Steel Corp.'s alleged benefits under the Export-Import Bank of Korea's (KEXIM's) Performance Guarantee program, SeAH argued in a May 17 motion for judgment at the Court of International Trade. Commerce illegally used adverse facts available in assigning SeAH a 1.33% CVD rate when it found that a 2019 KEXIM guarantee amounted to "untimely new factual information" (SeAH Steel Corp. v. U.S., CIT # 22-00338).

Importer Diamond Tools Technology did not make a "material and false statement" and so did not evade the antidumping and countervailing duty orders on diamond sawblades from China via Thailand, CBP said in remand results filed under protest with the Court of International Trade. CBP said it made its finding to bring the proceeding in line with the trade court's remand order, which said that DTT's "failure to declare" its pre-Dec. 1, 2017, imports as subject to the AD order was not a material and false statement under the Enforce and Protect Act (Diamond Tools Tech. v. Unied States, CIT # 20-00060).

The Commerce Department failed to correctly apply quarterly cost methodology in an antidumping duty review of certain carbon and alloy steel cut-to-length (CTL) plate from Italy, exporter Officine Tecnosider said in a March 17 motion for judgment at the Court of International Trade (Officine Tecnosider v. U.S., CIT # 23-00001).

The Court of International Trade on March 20 upheld the Commerce Department's withdrawal of a separate-rate questionnaire it had erroneously issued to exporter Jin Tiong Electrical Materials Manufacturer in an antidumping review, finding Commerce's rejection of the company's answers as untimely was proper because the agency had withdrawn the questionnaire before Jin Tiong submitted its response.