The Commerce Department published notices in the Federal Register Dec. 26 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 is amending the final results of the antidumping duty administrative review on certain oil country tubular goods (OCTG) from South Korea (A-580-870), covering the period Sept. 1, 2019, through Aug. 31, 2020, based on the final decision in a court case challenging those final results. Commerce calculated a revised AD rate for Hyundai Steel of 9.63%, and a revised AD rate for three non-individually examined companies -- AJU Besteel Co., Ltd., Husteel Co., Ltd., and Nexteel Co., Ltd. -- of 6.74%. Hyundai and the three average-rate companies that challenged the final results originally had received rates of 19.54% and 11.7%, respectively, in the administrative review's final results. All new rates are applicable Dec. 18, 2023.
A listing of recent Commerce Department antidumping and countervailing duty messages posted on CBP's website Dec. 22, 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 Dec. 22 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 5th U.S. Circuit Appeals Court’s Dec. 15 decision in Illumina v. FTC (docket 23-60167) “validates” U.S. District Judge Jacqueline Scott Corley’s July 11 denial of the FTC’s motion for a preliminary injunction to block Microsoft’s Activision Blizzard buy “in multiple respects,” Microsoft counsel Rakesh Kilaru of Wilkinson Stekloff wrote the 9th Circuit in a letter Wednesday (docket 23-15992). The FTC argues in its appeal of Corley’s denial that precedent in the 9th Circuit entitles the FTC to an injunction under Section 13(b) of the FTC Act if it shows serious questions as to the antitrust merits of the Microsoft/Activision transaction (see 2312070002). The 5th Circuit’s decision in Illumina vacated an FTC order “unwinding a vertical merger through an administrative proceeding,” Kilaru told the 9th Circuit. The 5th Circuit “specifically endorsed Judge Corley’s approach to addressing post-merger solutions to alleged competitive concerns, squarely rejecting the FTC’s arguments in this appeal,” he said. The Illumina decision also rejected the FTC’s argument that post-merger agreements are relevant only if they entirely neutralize and undo any lessening of competition, he said. Again citing Corley’s opinion, Illumina deemed this argument “irreconcilable” with Section 7 of the Clayton Act, finding instead that a post-merger agreement need only sufficiently mitigate the merger’s effect such that it’s no longer likely to substantially lessen competition, he said.
The Commerce Department has released the preliminary results of its antidumping duty administrative review on multilayered wood flooring from China (A-570-970). The agency preliminarily set zero percent AD duty rates for three companies under review, and assigned 21 companies the 85.13% China-wide rate. In the final results of this review, Commerce may set assessment rates for subject merchandise from the companies under review that was entered December 2021 through November 2022.
The Commerce Department and the International Trade Commission published the following Federal Register notices Dec. 22 on AD/CVD proceedings:
Though the July 24 consolidation of Robert F. Kennedy Jr.’s social media censorship lawsuit against the Biden administration with Missouri v. Biden doesn’t “deprive” the court of jurisdiction to rule on Kennedy’s motion for a preliminary injunction, adjudication of that motion before the U.S. Supreme Court resolves Missouri “would make little practical difference and would serve only to complicate proceedings,” said DOJ’s brief Wednesday (docket 3:23-cv-00381) in U.S. District Court for Western Louisiana in Monroe.
The Commerce Department has released the preliminary results of a countervailing duty administrative review of crystalline silicon photovoltaic cells, whether or not assembled into modules, from China (C-570-980). This review covers subject merchandise from the exporters under review entered during the period Jan. 1, 2021, through Dec. 31, 2021.
The Commerce Department has released the final results of the antidumping duty administrative review on large diameter welded line pipe from Greece (A-484-803). Commerce set an AD rate of zero percent for the only company under review, Corinth Pipeworks Pipe Industry S.A., in a change from the preliminary results. Subject merchandise from Corinth entered May 1, 2021, through April 30, 2022, will be liquidated without regard to AD. An AD cash deposit rate of zero percent takes effect for Corinth effective Dec. 22, the scheduled date of publication for these final results in the Federal Register.