The Commerce Department made preliminary affirmative antidumping duty determinations that imports of epoxy resins from China (A-570-166), India (A-533-926), South Korea (A-580-919), Taiwan (A-583-876) and Thailand (A-549-850) are being sold in the U.S. at less than fair value. The agency will impose AD cash requirements retroactively on entries of subject merchandise from China beginning Aug. 15, 2024. For Indian, South Korean, Taiwanese and Thai exporters, suspension of liquidation and cash deposit requirements take effect Nov. 13, 2024.
A listing of recent Commerce Department antidumping and countervailing duty messages posted on CBP's website Nov. 8, 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.
Judges at the U.S. Court of Appeals for the Federal Circuit on Nov. 7 sharply questioned both exporter Oman Fasteners' missed deadline in an antidumping duty review and petitioner Mid Continent Steel & Wire's defense of the 154.33% adverse facts available rate imposed as a result. Judge Kimberly Moore led the way during oral argument, taking Oman Fasteners' attorney Michael Huston to task for seemingly hiding the missed deadline (Oman Fasteners v. United States, Fed. Cir. # 23-1661).
A federal court denied the preliminary injunction sought by an abortion rights group against Florida to protect TV stations airing abortion rights ads from prosecution by the state’s Department of Health (see 2411050026). Though U.S. District Court for Northern Florida Chief Judge Mark Walker previously granted a restraining order that protected the stations from DOH, he ruled Wednesday that Floridians Protecting Florida didn’t show that it faced likely prosecution with the end of the ad campaign on Election Day. The record supported a limited temporary restraining order to prevent the DOH “from unconstitutionally coercing broadcasters” in the run-up to voting, but FPF “has identified no evidence in this record demonstrating that television broadcasters will continue to be unconstitutionally coerced,” Walker wrote. “Unsurprisingly, the Department of Health has recognized that it is aware of no actual harm resulting from Plaintiff’s political advertisement,” and “the mere possibility of some future enforcement action premised upon an unknown future harm” isn’t enough justification for a preliminary injunction, Walker said. Along with denying the injunction, the order also dissolves the restraining order. FPF and the Florida DOH didn’t comment.
The Commerce Department has published the final results of the antidumping duty administrative review on certain mobile access equipment from China (A-570-139). These final results will be used to set final assessments of AD on the one review respondent importer for subject merchandise entered April 13, 2022, through March 31, 2023.
The Commerce Department is amending the Oct. 25, 2021, final determination in an antidumping duty investigation on polyester textured yarn from Indonesia (A-560-838), based on the final decision, handed down last month in an Oct. 11 Court of International Trade case challenging those final results. Commerce calculated a revised antidumping duty rate for one respondent, PT. Asia Pacific Fibers Tbk, changing it from 26.07% to 9.2%. This rate change also affected the "all-others" rate in the investigation, which moved higher, from 7.47% to 8.72%.
A listing of recent Commerce Department antidumping and countervailing duty messages posted on CBP's website Nov. 7, 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.
The Commerce Department published notices in the Federal Register Nov. 7 on the following AD/CV duty proceedings (any notices that announce changes to AD/CV duty rates, scope, affected firms or effective dates will be detailed in another ITT article):
The Commerce Department and the International Trade Commission published the following Federal Register notices Nov. 7 on AD/CVD proceedings:
The Commerce Department soon will set antidumping duty cash deposit requirements for imports of 2,4-dichlorophenoxyacetic acid (2,4-D) from China and India, it said in a fact sheet Nov. 7. The agency's preliminary determinations set AD rates ranging from 17.07% to 127.21% for Chinese companies (16.44% to 126.58% as adjusted for countervailing duties) and 3.91% to 13.23% for Indian companies (0.87% to 7.99% as adjusted for countervailing duties). Suspension of liquidation is already in effect for both countries for countervailing duty purposes (see 2409120031). AD suspension of liquidation and cash deposit requirements for these two countries 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.