A listing of recent Commerce Department antidumping and countervailing duty messages posted on CBP's website Feb. 21, 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.
An aluminum foil importer argued Feb. 20 that the Commerce Department was wrong to find that a South Korean exporter circumvented antidumping and countervailing duties on Chinese aluminum because the underlying Chinese inputs underwent “significant” processing (Hanon Systems Alabama Corp. v. U.S., CIT # 24-00013).
The Court of International Trade on Feb. 22 remanded the Commerce Department's remand results in the 2019-20 review of the antidumping duty order on xanthan gum from China. Judge Jennifer Choe-Groves rejected the agency's continued use of total adverse facts available against exporters Meihua Group International Trading (Hong Kong) and Xinjiang Meihua Amino Acid Co., finding that the companies submitted evidence on the amount of duties it paid as requested by Commerce. Choe-Groves also said the data, submitted 56 days before the review's preliminary results, wasn't untimely. The court also faulted Commerce for continuing to not conduct a collapsing analysis of exporter Deosen Biochemical, ruling that the company wasn't given adequate notice that it could request a new collapsing analysis.
The International Trade Commission published notices in the Feb. 21 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 Commerce Department and the International Trade Commission published the following Federal Register notices Feb. 21 on AD/CVD proceedings:
The Commerce Department issued a notice in the Federal Register on its recently initiated countervailing duty investigations on paper plates from China and Vietnam (C-570-165, C-552-840), and is set to publish a notice in the coming days on its antidumping duty investigations on paper plates from China, Thailand and Vietnam (A-570-164, A-549-849, A-552-839). The CVD investigations on China and Vietnam and the AD investigation on Thailand cover entries for the calendar year 2023. The AD investigations on China and Vietnam cover entries made July 1, 2023, through Dec. 31, 2023.
An antidumping duty petitioner said Feb. 17 that the Commerce Department accidentally included offsets for scrap not produced during the investigation period in its calculation of an exporter's normal value in an administrative review of the antidumping duty orders on Greek pipe (The American Line Pipe Producers Trade Association Committee v. U.S., CIT # 24-00012).
Again remanding the Commerce Department’s final affirmative determination in mattress exporter Zinus Indonesia's antidumping duty case, the Court of International Trade said that facts otherwise available weren't warranted in Commerce's construction of the exporter’s export price and that the department needed to consider new evidence in constructing its selling expenses.
Both sides during oral argument Friday at the 2nd U.S. Circuit Appeals Court in New York Attorney General Letitia James’ (D) appeal to reverse the injunction that bars her from enforcing New York’s Hateful Conduct Law (see 2310160001) gave less than definitive answers when asked by the three-judge panel whether a ruling in James’ appeal should await the U.S. Supreme Court's resolution of NetChoice’s First Amendment challenges to the Florida and Texas social media content-moderation laws (see 2311300012).
The Commerce Department published the final results of its countervailing duty administrative review on finished carbon steel flanges from India (C-533-872). It said it made no changes to its preliminary results, and set new CV duty cash deposit rates for 38 exporters. These final results will be used to set final assessments of CV duties on importers for subject merchandise entered Jan. 1, 2021, through Dec. 31, 2021.