The Commerce Department released its preliminary affirmative antidumping determination Dec. 27 that disposable aluminum containers, pans, trays and lids from China (A-570-170) are being sold in the U.S. at less than fair value. Commerce found “critical circumstances” for all Chinese companies, and will retroactively suspend liquidation and impose antidumping duty cash deposit requirements for all subject merchandise as of Oct. 1.

The International Trade Commission published notices in the Dec. 26 Federal Register on the following AD/CVD injury, Section 337 patent or other trade proceedings (any notices that warrant a more detailed summary will be in another ITT article):

The U.S. Court of Appeals for the 5th Circuit stayed a nationwide injunction of the Corporate Transparency Act’s beneficial ownership information (BOI) reporting requirements on Dec. 23, temporarily lifting a recent federal court order that was set to block the rules from taking effect for most companies Jan. 1 (see 2412090065).

The Commerce Department and the International Trade Commission published the following Federal Register notices Dec. 26 on AD/CVD proceedings:

The Commerce Department erred in changing the date of sale for respondent Toyo Kohan Co.'s U.S. transactions in the 2022-23 review of the antidumping duty order on diffusion-annealed nickel-plated flat-rolled steel from Japan, the company said in a complaint at the Court of International Trade. The exporter said Commerce "did not justify" its change from using the date of invoice as the date of sale to using the shipment date from Japan as the date of sale (Toyo Kohan Co. v. United States, CIT # 24-00261).

The Commerce Department is amending the final results of its countervailing duty administrative review on phosphate fertilizers from Morocco (C-714-001), published Nov. 12, to correct a ministerial error that affected the duty rate calculations for the only company under review in those final results. The new rate will be used to set final assessments of CVD on importers for entries between Jan. 1 and Dec. 31, 2022.

The Commerce Department issued countervailing duty orders on frozen warmwater shrimp from Ecuador (C-331-806), India (C-533-921) and Vietnam (C-552-838), and an antidumping duty order on frozen warmwater shrimp from Indonesia (A-560-842). The orders set permanent antidumping and countervailing duties that will remain in place unless revoked by Commerce, which may take place only under certain conditions, such as a sunset or changed circumstances review. Commerce will now begin conducting annual administrative reviews, if requested, to determine final assessments of AD/CV duties on importers and make changes to cash deposit rates.

The Commerce Department soon will suspend liquidation and impose antidumping duty cash deposit requirements on imports of disposable aluminum containers, pans, trays, and lids from China, it said in a fact sheet issued Dec. 20. Commerce set AD rates ranging from 193.9% to 287.8% for Chinese exporters, the agency said as it announced its preliminary determinations in its ongoing AD investigations. Suspension of liquidation and cash deposit requirements will take effect for entries on or after the date of publication of the preliminary determinations in the Federal Register, which should occur in the coming days.

The Commerce Department stuck with its determination in the 2021-22 administrative review of the antidumping duty order on mechanical tubing of carbon and alloy steel from Italy that exporter Dalmine and its Romanian input provider Silcotub shouldn't be collapsed (ArcelorMittal Tubular Products v. United States, CIT # 24-00039).

A listing of recent Commerce Department antidumping and countervailing duty messages posted on CBP's website Dec. 20, along with the case number(s) and CBP message number, is provided below. The messages are available by searching for the listed CBP message number at CBP's ADCVD Search page.