The U.S. Court of Appeals for the Federal Circuit heard claims over whether Krakatu POSCO -- a joint venture between a private South Korean steel company and an Indonesian government-owned firm -- was an authority or directed by an authority for the purposes of a countervailing duty investigation. During oral arguments Jan. 11 before Judges Alan Lourie, Timothy Dyk and Kara Stoll, counsel for CVD petitioner Wind Tower Trade Coalition, Kenertec Power System and the U.S. also argued over whether Indonesia's Rediscount Loan Program was an upstream subsidy and thus countervailable (Kenertec Power System v. U.S., CIT Consol. # 20-03687).
A listing of recent Commerce Department antidumping and countervailing duty messages posted to CBP's website Jan. 10, 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 Jan. 10 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 recognizing a name change for a Chinese company for the purposes of antidumping duties on certain corrosion resistant inhibitors from China (A-570-122), it said in the final results of a changed circumstances review published Jan. 10. The agency upheld its preliminary finding that Kanghua Chemical Co., Ltd. (Chuzhou Kanghua) is the successor-in-interest to Nantong Kanghua Chemical Co., Ltd.. The agency found that Chuzhou Kanghua continues to operate as the same business entity other than the name change. Chuzhou Kanghua will inherit the AD rate assigned to Nantong Kanghua, currently 87.11%, effective Jan. 10. For shipments of subject merchandise produced by Kanghua Chemical Co., Ltd. and exported by Jiangyin Delian Chemical Co., Ltd, the cash deposit rate will be 72.5%, which is the current antidumping duty cash deposit rate for Delian. (See 2211220034 for the preliminary results of this changed circumstances review.)
The Commerce Department published 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, 2020, through Dec. 31, 2020.
The Commerce Department published the final results of the antidumping duty administrative review on cold-drawn mechanical tubing of carbon and alloy steel from Italy (A-475-838). Commerce set an AD rate of zero percent for the only company under review that had shipments during the review period, Dalmine S.p.A. Subject merchandise from Dalmine entered June 1, 2020, through May 31, 2021, will be liquidated without regard to antidumping duties. The new zero percent AD duty cash deposit rate for Dalmine takes effect Jan. 10, the date these final results were published in the Federal Register.
The Commerce Department published the final results of the antidumping duty administrative review on tapered roller bearings and parts thereof from China (A-570-601). Commerce will assess AD duties at rates determined in these final results on subject merchandise from the companies under review entered June 1, 2020, through May 31, 2021.
The Commerce Department issued the final results of the antidumping duty administrative review on chlorinated isocyanurates from China (A-570-898). These final results will be used to set final assessments of AD duties on two importers for subject merchandise entered June 1, 2020, through May 31, 2021.
The Commerce Department and the International Trade Commission published the following Federal Register notices Jan. 10 on AD/CVD proceedings:
TikTok isn’t a national security threat and shouldn’t be subject to a government ban, said Georgia Institute of Technology’s Internet Governance Project in a report this week (see 2212270051). The group said all “evidence indicates that TikTok is a commercially motivated enterprise and not a tool of the Chinese state,” saying the app isn’t “exporting censorship” and the personal data it collects “is very similar to the data collected by its peer competitors.” A ban on the app, as several U.S. lawmakers have proposed (see 2212200074), would “impose unfair harms on millions of innocent American users of the app” and “risk retaliation against American businesses by China,” said the group, composed of professors, researchers and students at Georgia Tech's School of Public Policy. A ban could give other countries “fuel for hitting US firms with tech-nationalist and data protectionist policies." The “attack” on TikTok is “really a kind of proxy war waged by a specific political faction” in the U.S. that “wants to fully decouple the US and Chinese economies because it sees US-China relations entirely as a zero-sum struggle for world dominance, and rejects peaceful co-existence,” the report said. “This faction can further its agenda by presenting any form of economic interaction with the Chinese economy as a national security threat. The attack on TikTok takes this logic to an absurd extent. Our analysis of the national security risks of TikTok exposes how indiscriminate and weak their case is, and how destructive it can be.” The Biden administration and TikTok in September reportedly drafted a preliminary agreement to resolve national security concerns raised by ByteDance, TikTok’s Chinese owner, which would ultimately involve a mitigation agreement overseen by the Committee on Foreign Investment in the U.S.