The Commerce Department properly modified the scope during its antidumping and countervailing duty investigations on quartz surface products from China in response to evidence of evasion, the Court of Appeals for the Federal Circuit said in an April 25 opinion. Building materials company Bruskin International appealed various elements of the investigations, including the agency's decision to accept the petitioner's scope request. The court held that Commerce was not bound to the preliminary scope in the case and that the agency was justified in amending the defective scope to account for evasion. The Federal Circuit also ruled that Commerce properly rejected Bruskin's request for a hearing as untimely and that substantial evidence backs Commerce's factual findings related to its scope modification.
The Commerce Department this week issued the preliminary results of its antidumping duty administrative review on polyethylene retail carrier bags from China (A-570-886). The agency said two of the the only companies remaining under review -- Dongguan Nozawa Plastics Products Co., Ltd. and its affiliate United Power Packaging, Ltd. -- did not have any shipments during the period of review. As a result, if the no shipment finding is confirmed in the final results, their cash deposit rate will not change, and any entries under their case numbers during the period will be liquidated at the China-wide rate.
The Commerce Department will consider whether imports of dual-piston engines from China are circumventing antidumping and countervailing duties on vertical shaft engines between 99cc and up to 225 cc from China (A-570-124/C-570-125), it said in a notice released April 22 announcing the initiation of an anti-circumvention inquiry.
A listing of recent Commerce Department antidumping and countervailing duty messages posted to CBP's website April 19, 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 ADD CVD Search page.
The Commerce Department published notices in the Federal Register April 19 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 and the International Trade Commission published the following Federal Register notices April 19 on AD/CVD proceedings:
The Commerce Department properly decided not to individually investigate Siemens Energy's Spanish subsidiary Siemens Gamesa Renewable Energy (SGRE) in an antidumping duty investigation, DOJ and AD petitioner Wind Tower Trade Coalition argued in two reply briefs at the Court of International Trade. DOJ said that the law is silent over how Commerce must proceed when all the initially picked respondents withdraw from the investigation, while the WTTC argued that it's not uncommon for Commerce to replace a mandatory respondent late in an investigation (Siemens Gamesa Renewable Energy v. United States, CIT #21-00449).
The Commerce Department published notices in the Federal Register April 15 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 Turkish company for the purposes of countervailing duties on heavy walled rectangular welded carbon steel pipes and tubes from Turkey (C-489-825), it said in the final results of a changed circumstances review released April 15. The agency upheld its preliminary finding that Ozdemir Boru Profil Sanayi ve Ticaret Anonim Sirketi (Ozdemir A.S.) is the successor-in-interest to Ozdemir Boru Profil Sanayi ve Ticaret Limited Sirketi (Ozdemir LLC). The agency found that Ozdemir A.S. continues to operate as the same business entity other than the name change. Ozdemir A.S. will inherit the CV duty rate assigned to Ozdemir LLC. Ozedmir LLC was assigned a zero percent CV duty rate in the final results of the most recent administrative review, published Feb. 1 (see 2201310038). Commerce has already determined that Ozdemir A.S. is the successor-in-interest to Ozdemir LLC for antidumping duty purposes (see 2201240033). (See 2202240035 for the preliminary results of the changed circumstances review.)
The Commerce Department and the International Trade Commission published the following Federal Register notices April 15 on AD/CVD proceedings: