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The Court of International Trade on June 7 upheld the Commerce Department's classification of the surrogate values for aluminum ash byproduct and rolling oil inputs in the first antidumping duty administrative review on aluminum foil from China, as well as the agency's decision to use Maersk data to calculate surrogate freight costs and its refusal to grant respondent Jiangsu Zhongji Lamination Materials Co. a double remedies adjustment for input subsidies the respondent said were countervailable.Read More >>

A rehearing of the U.S. Court of Appeals for the Federal Circuit's decision in PrimeSource Building Products v. U.S., upholding President Donald Trump's decision to expand Section 232 duties on "derivatives" of steel and aluminum products, is "unwarranted," the U.S. argued in a reply brief. While the petitioners, led by PrimeSource, continue to "demur," the U.S. said that the Federal Circuit's decision is "consistent with" Supreme Court and past Federal Circuit decisions, namely Transpacific Steel v. U.S., in which the court said that the president can take action beyond the procedural time limits set in the statute as long as it comports with the original duties' plan of action (PrimeSource Building Products v. United States, Fed. Cir. # 21-2066).Read More >>

The Court of International Trade remanded aspects of the final results of the Commerce Department's less-than-fair-value investigation of raw honey from Argentina, finding that Commerce's decision to use exporter Nexco's acquisition costs as a proxy for Argentinian beekeeper's production costs and its decision to compare Nexco's third-country sales and U.S. sales were not properly explained. However, the court did agree with Commerce's decision to compare Nexco's costs on a monthly basis for the purposes of the sales below cost test and sustained that aspect of the final determination.Read More >>

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