The U.S. Court of Appeals for the Federal Circuit on July 15 issued its mandate in an antidumping duty review on Indian frozen warmwater shrimp after it affirmed the Court of International Trade's decision to sustain the Commerce Department's use of antidumping duty respondent Z.A. Sea Foods' Vietnamese sales to calculate normal value (see 2406070034). The decision was issued without an accompanying opinion. The trade court said petitioner Ad Hoc Shrimp Trade Action Committee failed to flesh out its claim that, since ZASF's Vietnamese sales were not actually for consumption in Vietnam, Commerce couldn't use them to set normal value (see 2212070036) (Z.A. Sea Foods Private Ltd. v. United States, Fed. Cir. # 23-1469).
Importer Atlas Power is attempting to use a U.S. request to withdraw an admission of fact in a customs case to root out the government's "alternative classification" of the graphics processing units at issue, the U.S. said following Atlas' opposition to the U.S. motion (Atlas Power v. United States, CIT # 23-00084).
Countervailing duty petitioner Rebar Trade Action Coalition said the U.S. Court of Appeals for the Federal Circuit has the authority to reinstate the Commerce Department's original determination attributing subsidies received by an exporter's cross-owed input supplier to the exporter itself (Kaptan Demir Celik Endustrisi ve Ticaret v. United States, Fed. Cir. # 24-1431).
Countervailing duty respondent Riverside Plywood and its cross-owned affiliate Baroque Timber Industries (Zhongshan) Co. said the Commerce Department improperly used adverse facts available to find that all of its input suppliers were government authorities (Baroque Timber Industries (Zhongshan) Co. v. United States, CIT # 24-00106).
The Continued Dumping and Subsidy Offset Act of 2000 doesn't require payouts of interest assessed after liquidation, known as delinquency interest, to affected domestic producers, the U.S. Court of Appeals for the Federal Circuit said July 15. Judges Alan Lourie, Kara Stoll and Tiffany Cunningham said that the statute only provides for interest that's "earned on" antidumping and countervailing duties and "assessed under" the associated AD or CVD order.
The EU General Court in a pair of decisions July 10 annuled the sanctions listings for two former Democratic Republic of Congo officials -- Evariste Boshab, former deputy prime minister and minister of the interior and security, and Alex Mupompa, former governor of Kasai Central and member of parliament, according to an unofficial translation.
The following lawsuit was recently filed at the Court of International Trade:
The government told the Court of International Trade that importer Precision Components' low-carbon steel blanks fall within the scope of the antidumping duty order on tapered roller bearings from China. Filing a reply brief on July 12, the U.S. said Precision conceded that its blanks described in the 2023 scope ruling request are plainly covered by a 2020 ruling similarly finding the blanks to fall under the scope of the order (Precision Components v. United States, CIT # 23-00218).
Antidumping petitioner Lumimove, doing business as WPC Technologies, challenged four elements of the Commerce Department's review of the AD order on strontium chromate from Austria covering entries in 2021-22, in a July 11 complaint at the Court of International Trade (Lumimove v. U.S., CIT # 24-00105).
The U.S. Court of Appeals for the Federal Circuit issued its mandate in a countervailing duty investigation on ripe olives from Spain. In its decision, the appellate court said the Court of International Trade was wrong to impose a 50% threshold in determining whether demand for a processed agricultural product is "substantially dependent" on its raw upstream iteration for purposes of assigning countervailing duties (see 2405200045). Judges Sharon Prost, William Bryson and Leonard Stark said that the Commerce Department shall receive "considerable discretion" in determining whether such demand is substantially dependent due to the general nature of the terms "substantially dependent" (Asociacion de Exportadores e Industriales de Aceitunas de Mesa v. United States, Fed. Cir. # 23-1162).