The presumption of foreign state control in antidumping duty cases doesn't disappear after the exporter presents "minimal contradictory evidence," the government said in a reply brief on May 1 at the U.S. Court of Appeals for the Federal Circuit. Contrary to claims made by exporters Aeolus Tyre Co. and Guizhou Tyre Co., the government said, the Commerce Department "has long required respondents to demonstrate autonomy with respect to" all four criteria used to assess freedom from foreign state control, even for companies only minority-owned by a government entity (Guizhou Tyre Co. v. United States, Fed. Cir. # 23-2163).
World Trade Organization members taking part in the Committee on Rules of Origin's April 29 meeting discussed ways to improve the "functioning of the committee" and use digital tools to "facilitate the work of delegates," the WTO said. Members discussed various measures to improve the committee, which included revamping the "rules of origin gateway page on the WTO website" by adding a guide for new delegates on the committee's work and an events page.
The EU and Japan on May 2 wrapped up the fifth EU-Japan High Level Economic Dialogue, announcing an initiative to work more closely on sustainable supply chains, the European Commission said. The two countries noted the need for collaboration on "climate change, energy security, cyber security and stability of supply, based on jointly agreed principles." The dialogue also stressed the importance of making sure the World Trade Organization "is reformed."
DOJ on May 1 filed a forfeiture action against "a set of aircraft landing gear for a Boeing 737-800" CBP detained in Miami in September, the agency announced. The gear was bought to benefit a Kyrgyzstan-based transshipper of dual-use items "servicing" Russia, "in violation of U.S. economic sanctions."
The Commerce Department erred in finding that seafood seller Luscious Seafood didn't qualify as a "bona fide wholesaler of domestic like product" during the 2021-22 review of the antidumping duty order on frozen fish fillets from Vietnam, Luscious said in a May 1 complaint at the Court of International Trade (Luscious Seafood v. U.S., CIT # 24-00069).
The Court of International Trade on May 2 sustained the Commerce Department's recalculation of exporter Sahamitr Pressure Container's sales expenses in the 2019-20 review of the antidumping duty order on steel propane cylinders from Thailand. Judge M. Miller Baker said that Sahamitr failed to undermine Commerce's finding that the company's monthly-based calculation of its sales costs were distortive.
The Court of International Trade on May 2 again sent back the Commerce Department's finding that the South Korean government's full allotment of emissions permits under the Emissions Trading System of Korea (K-ETS) was de jure specific. Judge Mark Barnett said Commerce improperly used de facto specificity analysis factors, including data on who received the allotments, in assessing whether the additional permit allocations were specific as a matter of law.
Brooklyn, New York, resident Nikolay Grigorev pleaded guilty April 30 for his role in a scheme to illicitly export electronic components from the U.S. to companies linked to the Russian military, DOJ announced.
The following lawsuit was recently filed at the Court of International Trade:
Importer North American Interpipe and exporter Interpipe Ukraine reached a settlement with the Commerce Department in the companies' lawsuit seeking a deduction in the exporter's U.S. price by the amount of Section 232 steel and aluminum tariffs paid in an antidumping duty proceeding. The parties agreed that within 10 days of the court entering judgment, Commerce will amend the final results of the first administrative review of the AD order on oil country tubular goods from Ukraine and set the AD margin for Interpipe Ukraine at 0.01% (Interpipe Ukraine v. United States, CIT # 22-00066).