South Korean exporter Hyundai Steel Co. will appeal an August Court of International Trade decision sustaining the Commerce Department's finding the South Korean government's free provision of port usage rights at the Port of Incheon provided Hyundai with a countervailable benefit. According to the notice of appeal, Hyudai will take the case to the U.S. Court of Appeals for the Federal Circuit. In the opinion, the trade court said the agency reasonably found it should conduct a revenue forgone analysis instead of a less than adequate remuneration analysis since Hyundai's non-payment of port usage fees involved a type of financial contribution via forgone revenue instead of the provision of services (see 2308220031) (Hyundai Steel v. United States, CIT # 21-00536).

The Commerce Department correctly relied entirely on adverse facts available (see 2309200030) to calculate a 760% dumping rate for antidumping duty respondent Saffron Living Co. on remand, a group of petitioners, led by Brooklyn Bedding, said in their Oct. 20 remand comments at the Court of International Trade (Brooklyn Bedding v. U.S., CIT # 21-00285).

The Commerce Department correctly found that exporter KG Dongbu Steel's debt-to-equity restructurings provided a countervailable benefit, DOJ said in an Oct. 20 reply at the Court of International Trade. Dongbu is challenging the fifth countervailing duty review of corrosion-resistant steel products from Korea and took issue with Commerce's findings of a countervailable benefit to the restructurings as well as the determination that benefits from those swaps passed to Dongbu after an ownership change. The exporter also argued that Commerce incorrectly calculated long-term loan benchmarks (KG Dongbu Steel Co. v. U.S., CIT # 23-00055).

The Court of International Trade in an Oct. 20 opinion granted exporter Midwest-CBK's motion to ditch its case on whether sales from a Canadian warehouse to U.S. customers are sales for export to the U.S. or domestic sales. Following a prior CIT ruling finding that the company's imports are sales "for exportation to the United States" and that the goods were not deemed liquidated, the case shifted to how to value the goods.

The Commerce Department properly saddled countervailing duty respondent Qingdao Ge Rui Da Rubber Co. (GRT) with adverse facts available related to its alleged use of China's Export Buyer's Credit Program, the Court of International Trade ruled in an Oct. 20 opinion. While Commerce and the trade court have rejected the use of AFA for this program where a respondent can submit verifications that their U.S. buyers didn't use the program, Judge Mark Barnett sustained AFA here since GRT failed to raise its claims against the use of AFA administratively.

The International Trade Commission failed to give Russian exporter PAO TMK a chance to comment on issues in the International Trade Commission's negligibility analysis as part of the injury proceeding on seamless pipe from South Korea, Russia and Ukraine, the Court of International Trade ruled. In an Oct. 12 opinion made public Oct. 20, Judge M. Miller Baker said TMK should be able to submit comments on the commission's sole reliance on questionnaire data from one unnamed company, "Company A," on goods from Germany and another unnamed company, "Company B," on goods from Mexico.

The Commerce Department shouldn't have relied on adverse facts available in an antidumping duty review on tapered roller bearings from China when the respondent was fully cooperative, Chinese roller bearing exporter Shanghai Tainai Bearing said in an Oct. 19 reply at Court of International Trade. Tainai didn't dispute a gap in the record due to incomplete or nonexistent responses from its suppliers. However, the company objected to the use of adverse inferences because it says it complied to the best of its ability (Shanghai Tainai Bearing v. U.S., CIT # 23-00020).

The U.S. asked for an amended protective order in a case brought by Chinese printer cartridge maker Ninestar Corp. to challenge its placement on the Uyghur Forced Labor Prevention Act Entity List. The request comes on the heels of Ninestar's request for the Court of International Trade to compel production of the confidential information used in the Forced Labor Enforcement Task Force's review of Ninestar (see 2310180025) (Ninestar Corp. v. United States, CIT # 23-00182).

The Court of International Trade in an Oct. 12 opinion made public Oct. 20 remanded parts and sustained parts of the International Trade Commission's injury determination on imports of seamless pipe from South Korea, Russia and Ukraine. Judge M. Miller Baker sent back the ITC's failure to give Russian exporter PAO TMK a chance to argue against its sole reliance on questionnaire data from one unnamed company as to German imports and data from another unnamed company as to Mexican imports. Baker also remanded the ITC's acceptance of "Company A's questionnaire" while rejecting "Company C's." The court sustained the commission's estimate of seamless pipe imports from Ukraine and refusal to determine what imports correspond to domestic like products.

The Commerce Department incorrectly found solar panels imported from Cambodia, Malaysia, Thailand and Vietnam are circumventing the antidumping and countervailing duty orders on crystalline silicon photovoltaic cells from China, according to four separate complaints, all filed on Oct. 18 and all asking the Court of International Trade for remand.