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CAFC Issues Mandates on Revocation of 2 AD/CVD Orders

The Court of Appeals for the Federal Circuit issued two mandates for two recent opinions, one that upheld the Commerce Department's rejection of an untimely filing in an antidumping duty case and another that revoked a countervailing duty order (Trinity Manufacturing v. United States, Fed. Cir. # 22-1329) (PT. Kenertec Power System v. United States, Fed. Cir. # 22-1408).

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In the AD proceeding, Commerce rejected three chloropicrin producers' late response to the notice of a sunset review, which led to the revocation of the AD order on chlorpicrin from China. The Court of International Trade upheld the agency's decision, finding Commerce did not abuse its discretion in denying the producers' retroactive deadline expansion application and disagreeing with the companies' position that their counsel's medical issues could be characterized as an unexpected medical emergency (see 2301180025).

In the countervailing duty case, which dealt with an order on utility-scale wind towers from Indonesia, Commerce reversed the outcome of the investigation at CIT, leading to a lack of countervailable subsidization and the order being revoked. Commerce said Krakatu POSCO, a joint venture between a private South Korean steel company and an Indonesian government-owned firm, was not an authority nor directed by an authority and could not dole out countervailable benefits (see 2301180024).