The Commerce Department on Nov. 28 issued a proposed rule that would modify its regulations on administrative protective orders and service of documents in antidumping and countervailing duty proceedings. The proposal would make permanent certain changes put in place during the COVID-19 pandemic, including the acceptance of service electronically and via Commerce’s ACCESS database in some circumstances. “Commerce also proposes additional clarifications and corrections to other procedural aspects of its AD/CVD regulations, including updates to the scope, circumvention, and covered merchandise referral regulations,” it said. The proposed rule also deletes regulations that have been invalidated by decisions of the U.S. Court of Appeals for the Federal Circuit. Comments are due Dec. 28.
Lawyers from BakerHostetler that represent the Conseil de l’industrie forestière du Québec and the Ontario Forest Industries Association are using a Commerce Department comment process for softwood lumber subsidies to argue once again that the countervailing duty case against Canadian lumber exports contradicts the USMCA Environment Chapter commitments and Biden administration environment and social justice priorities.