The U.S. defended the Commerce Department's ability to require petitioners to file a notice of intent to participate in sunset reviews at the U.S. Court of Appeals for the Federal Circuit. In a reply brief on March 21, the government said the "whole-text canon of statutory interpretation" doesn't support petitioner Archroma's challenge to this requirement, since the statute on which the company bases its claim "does not limit Commerce’s power to impose procedural requirements to be met before a domestic interested party may submit the information called for by the statute" (Archroma U.S. v. United States, Fed. Cir. # 24-2159).
The Commerce Department's exceeded its statutory authority when it revoked an antidumping duty order on the grounds that it never received a notice of intent to participate from an interested domestic party in a sunset review, petitioner Archroma U.S. argued. Filing a reply brief at the U.S. Court of Appeals for the Federal Circuit, Archroma said Commerce's authority to ensure the "integrity of its procedures" doesn't allow it to "adopt measures exceeding its statutory authority" (Archroma U.S. v. United States, Fed. Cir. # 24-2159).
Exporter Teh Fong Min (TFM) International Co. filed a brief at the U.S. Court of Appeals for the Federal Circuit last week adopting the government's defense of its decision to revoke the antidumping duty orders on stilbenic optical brightening agents from China and Taiwan after no interested domestic party filed a notice of intent to participate in sunset reviews on the orders (Archroma U.S. v. U.S., Fed. Cir. # 24-2159).
The Commerce Department has the inherent authority to set procedural requirements in its antidumping duty and countervailing duty proceedings, making its revocation of certain AD orders lawful given that no interested domestic party filed a notice of intent to participate in sunset reviews on the orders, the agency said. Filing its opening brief at the U.S. Court of Appeals for the Federal Circuit on Dec. 11, Commerce said the Court of International Trade's rejection of its action usurped the department's clear authority to fix its own procedures (Archroma U.S. v. U.S., Fed. Cir. # 24-2159).
The Commerce Department and exporter Teh Fong Min (TMF) International Co. said on July 26 that it will appeal a May Court of International Trade decision finding that the agency erred in revoking the antidumping duty orders on stilbenic optical brightening agents from Taiwan and China after it didn't receive a timely notice of intent to participate in the order's sunset reviews from a domestic producer (see 2405290050). The trade court told the agency to conduct the full sunset reviews because U.S. manufacturer Archroma U.S. filed substantive responses to the agency's notice of initiation of the sunset reviews. According to its notice of appeal, Commerce will take the case to the U.S. Court of Appeals for the Federal Circuit (Archroma U.S. v. U.S., CIT # 22-00354).
The Court of International Trade on May 28 said the Commerce Department erred in revoking the antidumping duty orders on stilbenic optical brightening agents from Taiwan and China after it didn't receive a timely notice of intent to participate in the orders' sunset reviews from a domestic producer. Judge M. Miller Baker told Commerce to conduct the full sunset reviews since U.S. manufacturer Archroma U.S. filed substantive responses to the agency's notice of initiation of the sunset reviews.
The Court of International Trade on May 28 told the Commerce Department to conduct sunset reviews of antidumping duty orders on stilbenic optical brightening agents from Taiwan and China, after the agency revoked the orders after not receiving a timely notice of intent to participate in the reviews. Judge M. Miller Baker said Commerce's regulation, which calls for revocation of the order after no such notice is received, violates the applicable statute, which says Commerce shall conduct the review after receiving either a notice of intent to participate or a substantive response. Because U.S. producer Archroma timely filed a substantive response, Commerce should have started the reviews.