The Commerce Department is recognizing a name change for a South Korean company for the purposes of antidumping duties on large power transformers (A-580-867) from South Korea, upholding its preliminary finding (see 2308080061) in the final results of a changed circumstances review. The agency found HD Hyundai Electric Co., Ltd. (HDHE) to be the successor-in-interest to Hyundai Electric & Energy Systems Co., Ltd. (HEES). The agency found that HDHE continues to operate as the same business entity despite the change in name. Commerce said HDHE will inherit the AD cash deposit rate assigned to HEES, currently 4.32%, for subject merchandise.
The Commerce Department and the International Trade Commission published the following Federal Register notices Sept. 25 on AD/CVD proceedings:
Amazon won't put a stop to customer complaints about Ultcover products on its website, alleged plaintiff Doctor Cover, an outdoor furniture cover business that has never sold its products on Amazon’s e-commerce site, said a Tuesday complaint (2023CUBT014189) in California Superior Court in Ventura County. Doctor Cover sells furniture covers from retail storefronts and on its own website. Though it never sold its products on Amazon, Doctor Cover's competitor, China-based Xiamen Supurui Trading, sells low-cost furniture covers on Amazon’s marketplace, including under the names Ultcover and Superella, said the complaint. In December 2020, Doctor Cover began receiving customer complaints about Ultcover products bought on Amazon.com; many requested returns and refunds, the complaint said. The unsatisfied customers of Ultcover products purchased on Amazon.com “were improperly and erroneously directed by” Amazon to Doctor Cover instead of Xiamen, it said. “Promptly” and on numerous occasions, the plaintiff contacted Amazon via email, phone calls and written correspondence, requesting that the e-tailer “cease all referrals to Plaintiff of customer complaints and enquiries resulting from the purchase of Xiamen products or any other unaffiliated third-party seller.” The plaintiff urged Amazon to implement measures to ensure “accurate and appropriate referrals, avoiding any additional confusion.” Despite the ongoing requests to Amazon, Doctor Cover continues to receive an average of two to three Xiamen customer complaints per week, it said. The continued referral of unsatisfied customers resulted in “unfair and undue strain” on Doctor Cover; it also disrupted its normal operations and led to a loss of productivity and other financial implications, the complaint said. Doctor Cover asserts claims against Amazon of Unfair Competition under California’s Business and Professions Code and negligent interference with prospective economic relations. It seeks compensatory damages, legal fees and a preliminary and permanent injunction enjoining Amazon from referring Xiamen customers, or any other third-party seller, to Doctor Cover.
A listing of recent Commerce Department antidumping and countervailing duty messages posted on CBP's website Sept. 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 U.S. filed a customs penalty lawsuit on Sept. 22 at the Court of International Trade against importer Rayson Global and its owner Doris Cheng, seeking a nearly $3.4 million penalty related to evaded antidumping and Section 301 duties on uncovered mattress innersprings from China. The complaint says the imports were transshipped from China through Thailand to avoid the duties (United States v. Rayson Global, CIT # 23-00201).
The Commerce Department published notices in the Federal Register Sept. 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 Commerce Department has released the preliminary results of its antidumping duty administrative review on forged steel fittings from South Korea (A-580-904). The agency preliminarily calculated a 2.67% AD rate for the only company under review, Samyoung Fitting Co., Ltd. If the agency's finding is continued in the final results, importers of subject merchandise from Samyoung entered Dec. 1, 2021, through Nov. 30, 2022, will be assessed AD at importer-specific rates. Any changes to the cash deposit rate for Samyoung would take effect on the date of publication in the Federal Register of the final results of this review, currently due in January.
The Commerce Department has released the final results of the antidumping duty administrative review on citric acid and certain citrate salts from Colombia (A-301-803). Commerce assigned the only company under review, Sucroal S.A., an AD rate of 6.1%, unchanged from the preliminary determination. Subject merchandise from Sucroal entered July 1, 2021, through June 30, 2022, will be liquidated at importer-specific assessment rates. The new 6.1% AD cash deposit rate for Sucroal takes effect Sept. 25, when the final results are published in the Federal Register.
If the parties call witnesses to testify at the Oct. 12 hearing on the plaintiffs’ consolidated motions for a preliminary injunction to block enforcement of the statewide TikTok ban when it takes effect Jan. 1, under Federal Rule of Civil Procedure 65(a)(2), the court may advance the trial on the merits and consolidate it with the hearing, said U.S. District Judge Donald Molloy for Montana in Missoula in a signed order Wednesday (docket 9:23-cv-00056). The parties had sought clarity from the judge about whether he expected or preferred live witness testimony at the hearing (see 2309200002). Evidence that’s received at the hearing on the motion for an injunction that would be admissible at trial becomes part of the trial record and need not be repeated at trial, said the order. “Beyond some clarifications of the parties’ intentions, the hearing will proceed according to the rules,” it said. Each party will be limited to 30 minutes of argument, and no amici will be permitted to argue, it said.
The Commerce Department and the International Trade Commission published the following Federal Register notices Sept. 22 on AD/CVD proceedings: