The Commerce Department on June 15 finalized its determination that solar modules made from unfinished solar cells imported from China into Vietnam for finishing are subject to antidumping and countervailing duties on crystalline silicon photovoltaic cells, whether or not assembled into modules, from China (A-570-979/C-570-980).
The Customs Rulings Online Search System (CROSS) was updated June 15 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
A recent U.S. Court of Appeals for the Federal Circuit decision finding that antidumping duty countrywide rates in non-market economies can still be based on adverse facts available even if no respondents were uncooperative in an administrative review (see 2106100044) will be considered in a Court of International Trade case on the Commerce Department's AFA policy, according to a June 14 notice of supplemental authority from the Department of Justice. The Federal Circuit decision in China Manufacturers Alliance, LLC v. United States "substantially overlaps" with a CIT case over Commerce's NME policy brought by Jilin Forest Industry Jinqiao Flooring Group Co., DOJ said (Jilin Forest Industry Jinqiao Flooring Group Co., Ltd., v. United States, CIT #18-00191).
Dominican aluminum extrusion manufacturer Kingtom Aluminio SRL should not be allowed to intervene in a Court of International Trade case in which it is alleged to be involved in a transshipment scheme to avoid antidumping duties, the Enforce and Protect Act case alleger Ta Chen International said in a June 16 brief. Although it made the covered merchandise, Kingtom did not import it through evasion, Ta Chen said.
John Demers, the President Donald Trump-appointed official at the head of the Department of Justice's national security division, is leaving by his post at the end of June, a DOJ spokesperson said. The Biden administration has nominated former Uber executive Matt Olsen to replace him. Olsen is awaiting Senate confirmation. A DOJ spokesperson confirmed that Demers' departure had been pre-planned for months with June being the ultimate cutoff time for him to leave the division. Demers was originally slated to leave his role on inauguration day but was asked to stay on to aid with the transition. The national security division handles many security-related issues, from counterterrorism to export controls.
Cabinets with moveable shelves installed after importation meet the criteria of a scope exclusion for medicine cabinets from the antidumping and countervailing duty orders on wooden cabinets and vanities from China (A-570-106/C-570-107), including that they are assembled at the time of entry, and are not subject to AD/CV duties, the Commerce Department said in a June 11 scope ruling.
The Court of International Trade sustained the final results of the second administrative review of the antidumping duty order on steel nails from Oman, in a June 14 decision. Judge Richard Eaton held that there was substantial evidence to back the Commerce Department's decision to use a Japanese company's financial statement to determine constructed value profit and indirect selling expenses for mandatory respondent Oman Fasteners, as opposed to an Indian company's financial statement. Petitioner and plaintiff in the case, Mid Continent Steel & Wire, originally contested the selection.
The European Union General Court annulled the sanctions listing of Sayed Shamsuddin Borborudi, the former deputy head of the Atomic Energy Organization of Iran, in a June 9 judgment. Borborudi was originally listed under the EU's Iranian nuclear sanctions regime for his position with AEOI and his work with Iran's nuclear program since 2002. The general court said he stopped working for AEOI in 2013, and the European Council failed to show evidence of his continued involvement in Iran's nuclear program. His prior work did not justify a continued listing, the court said.