AD Petitioner Says Recent Decision on Turkish Duty Drawback Relevant for Related Litigation
The Aluminum Association Trade Enforcement Working Group, an antidumping duty petitioner, told the Court of International Trade that a recent CIT decision regarding respondent Assan Aluminyum's duty drawback adjustment is relevant for its case also involving a duty drawback adjustment claim from Assan (Assan Aluminyum Sanayi ve Ticaret v. United States, CIT # 21-00616).
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Last month, CIT Judge Gary Katzmann said the Commerce Department failed to respond to the petitioner's claim that a submission from Assan regarding its duty drawback adjustment in the AD investigation on Turkish aluminum sheet didn't rebut, clarify or correct information submitted in the petitioner's rebuttal (see 2505220035). Katzmann also sent back Commerce's reliance on "unverified information" present in two of Assan's submissions at the trade court.
In its case on the AD investigation on aluminum foil, the working group said it's repeatedly drawn the court's attention to the parallel litigation on the aluminum sheet investigation. In the aluminum foil case, Assan is arguing that Commerce erred in declining to reopen the record to collect additional Information for its duty drawback calculation.
The petitioner said that it's arguing that differences in the records between the investigations on aluminum foil and aluminum sheet "justified Commerce’s differing decisions to reopen the record on remand in the common alloy aluminum sheet litigation, but not in this action involving certain aluminum foil." However, the working group said it's calling to the court's attention Katzmann's decision to send back Commerce's decision to accept and rely on unverified information submitted by Assan.
"This is the same type of information Assan urged Commerce to accept in the underlying remand proceeding, and urges this Court to order Commerce to accept in an additional remand segment in this action," the petitioner said.