Antidumping petitioner Wheatland Tube Company is appealing an October Court of International Trade opinion sustaining the Commerce Department's decision to drop a particular market situation adjustment from the sales-below-cost test. According to a Dec. 17 notice of appeal, Wheatland Tube will take the case to the U.S. Court of Appeals for the Federal Circuit. The case concerns the 2016-17 administrative review of the antidumping duty order on circular welded non-alloy steel pipe from South Korea. The trade court originally found that the statute does not permit a PMS adjustment to a respondent's cost of production in the sales-below-cost test (see 2110190054). This interpretation was recently upheld by the Federal Circuit, which found that such an adjustment is only permitted when calculating constructed value (see 2112100039) (Husteel Co., Ltd. v. United States, CIT Consol. #19-00107).
Country of origin cases
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Five Republican Senators filed an amicus brief on Dec. 15 with the U.S. Supreme Court, urging it to take up a case over the limits of the president's authority under the Section 232 national security tariff statute. The brief, signed by Sens. Pat Toomey, R-Pa.; Mike Crapo, R-Idaho; Bill Cassidy, R-La.; Mike Lee, R-Utah; and Ben Sasse, R-Neb., argues against a U.S. Court of Appeals for the Federal Circuit opinion spurning time limits imposed in the statute. The time limits are crucial to ensuring that "Congress makes the major policy decisions regarding the regulation of foreign commerce," the lawmakers said.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Commerce Department found that two companies' door thresholds qualify for the finished merchandise exclusion to the antidumping and countervailing duty orders on aluminum extrusions from China, in a pair of remand results at the Court of International Trade, reversing its position on the issue under protest. The remand results came after a court opinion that did not agree with Commerce's original holding that the door thresholds from Worldwide Door Components and Columbia Aluminum Products were subassemblies that required further incorporation into a larger downstream product (Worldwide Door Components, Inc. v. United States, CIT #19-00012) (Columbia Aluminum Products, LLC v. United States, CIT # 19-00013).
The Commerce Department said that two countervailing duty respondents did not use China's Export Buyer's Credit Program, in Dec. 13 remand results, flipping its position on the issue. The agency also granted one of the respondents, Canadian Solar, an entered value adjustment in response to remand instructions from the Court of International Trade that spurned the agency's decision to not make the adjustment. If sustained, the result would be a CVD rate cut for the respondents and non-selected companies (Canadian Solar Inc., et al. v. United States, CIT Consol. #19-00178).
Corporations need be careful and exercise due care when establishing their supply chains, said Assistant Attorney General Todd Kim while speaking Dec. 14 at the American Bar Association's National Environmental Enforcement Conference's Section on Environment, Energy and Resources. Kim discussed the DOJ's enforcement approach and mentioned the Lacey Act as an example. "If a corporate supply chain originates from a criminally-tainted source, then my division will consider the criminal responsibility of all parts of that supply chain," Kim said. "A corporation seeking credit for cooperation will need to identify all individuals involved in misconduct, including individuals outside the company in a supply chain. ... A corporation would be well advised to protect itself and its investments by exercising due care over its supply chain in light of the prospect of criminal sanction; the potential seizure and forfeiture of illegally-sourced timber, goods, vessels and other equipment; and the unavailability of an innocent owner defense."
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
CBP was well within its rights to reverse its finding that an importer evaded antidumping duties on frozen warmwater shrimp from India, both the defendant-intervenors, Minh Phu Seafood Joint Stock Co. and MSeafood Corp., and the Department of Justice told the Court of International Trade in a pair of reply briefs. Responding to a motion for judgment from the Ad Hoc Shrimp Trade and Enforcement Committee, both briefs also argued that the petitioner group had no right to the business confidential information in the investigation, calling AHSTEC's arguments "borderline irresponsible" (Ad Hoc Shrimp Trade Enforcement Committee v. United States, CIT #21-00129).