The Commerce Department and the International Trade Commission published the following Federal Register notices June 7 on AD/CVD proceedings:
The Commerce Department erred by finding that South Korea's provision of electricity below cost "conferred a non-measurable benefit," countervailing duty petitioner Nucor Corp. argued in a June 6 complaint at the Court of International Trade. Nucor railed against the "evidentiary flaws" Commerce relied on from cost data from South Korea's sole supplier of electricity, the Korean Electric Power Corporation (KEPCO), but said that even using this data, it's clear that a benefit was conferred to the mandatory respondents (Nucor Corporation v. United States, CIT #22-00137).
The Commerce Department altered the basis for its use of adverse facts available on remand at the Court of International Trade in an antidumping case after the court said that antidumping respondent Dalian Meisen Woodworking's false advertisements cannot be used as grounds for AFA. Submitting its remand results on June 6, Commerce said that after issuing a host of new questionnaires to Meisen, including a questionnaire in lieu of on-site verification, it changed its bases for AFA, now basing it on the respondent's failure to provide "critical information" in the questionnaire and all of its U.S. affiliates (Dalian Meisen Woodworking Co. v. United States, CIT #20-00109).
The Commerce Department published notices in the Federal Register June 7 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 extending until Aug. 11 the deadline for its preliminary determination in the antidumping duty investigation on sodium nitrite from India (A-533-906), it said in a notice. The agency decided to postpone after the petitioner that requested the investigation, Chemtrade Chemicals US, asked for an extension. Cash deposits of estimated AD duties can be collected only after the preliminary determination, although cash deposits can be made retroactive 90 days from the preliminary determination if Commerce finds “critical circumstances.” (For information on the underlying petition, see 2202070025).
The Commerce Department published the preliminary results of its antidumping duty administrative review on steel nails from the United Arab Emirates (A-520-804). Rates calculated in this review will be used to set assessment rates for importers of subject merchandise from two producers and exporters that was entered May 1, 2020, through April 30, 2021.
The Commerce Department released the preliminary results of its antidumping duty administrative review on ripe olives from Spain (A-469-817). In the final results of this review, Commerce will set AD duty assessment rates for subject merchandise for the companies under review entered Aug. 1, 2020, through July 31, 2021.
The Commerce Department released the preliminary results of its antidumping duty administrative review on polyethylene terephthalate resin from Oman (A-523-810). The agency preliminarily calculated a 1.27% AD rate for the only company under review, OCTAL SAOC-FZC. If the agency's finding is continued in the final results, importers of subject merchandise from OCTAL entered May 1, 2020, through April 30, 2021, will be assessed antidumping duties at that rate. Any changes to rates for OCTAL would take effect on the date of publication in the Federal Register of the final results of this review, which are due in October.
The Commerce Department made a preliminary affirmative antidumping duty determination that imports of superabsorbent polymers from South Korea (A-580-914) are being sold in the U.S. at less than fair value. The agency will order suspension of liquidation and impose AD duty cash requirements on entries of subject merchandise beginning June 7.
The Commerce Department and the International Trade Commission published the following Federal Register notices June 7 on AD/CVD proceedings: