No lawsuits were recently filed at the Court of International Trade.

The Commerce Department was right to rely on a differential pricing analysis to apply an average-to-transaction comparison method to SeAH in an antidumping administrative review on oil country tubular goods from South Korea, the Department of Justice said in June 21 comments in the U.S. Court of Appeals for the Federal Circuit. SeAH's points to the contrary rely on arguments that have been "rejected repeatedly" in bids to strike down the longstanding practice, DOJ said. The exporter's arguments against the practice also stand at odds with the Federal Circuit decision in Apex Frozen Foods Private Ltd. v. United States, the comments said.

An in lieu of verification (ILV) questionnaire cannot substitute for an actual verification of information submitted as part of a countervailing duty proceeding, Turkish exporter Teknik Aluminyum Sanayi said in a June 24 complaint at the Court of International Trade. Challenging the Commerce Department's use of adverse facts available in a CVD investigation of common alloy aluminum sheet from Turkey, Teknik said that Commerce did not provide adequate notice that the exporter's filings were deficient as is required (Teknik Aluminyum Sanayi A.S. v. United States, CIT 21-00251).

The Commerce Department again reversed course on applying a particular market situation adjustment to the cost of production for South Korean steel in an antidumping review, and those remand results were sustained by the Court of International Trade in a June 24 decision.

Hyundai Steel Co. did not receive a countervailable benefit through its payment of sewerage fees, the company argued in a June 22 motion for judgment. The Commerce Department's conclusion to the contrary in a countervailing duty administrative review of cut-to-length carbon-quality steel plate from South Korea is not supported by substantial evidence and is contrary to law, Hyundai said (Hyundai Steel Company v. United States, CIT #21-00012).

The following lawsuits were recently filed at the Court of International Trade:

The Court of International Trade upheld the Commerce Department's finding that Zhejiang Machinery Import & Export Corp. failed to rebut the presumption of de facto government control, thus barring it from receiving a separate antidumping rate, CIT said in a June 23 decision. The ruling leaves ZMC with the 92.84% China-wide rate in an antidumping administrative review on tapered roller bearings and parts thereof, finished or unfinished, from China.

A customs case from importer Strategic Import Supply should not be reconsidered in light of new evidence since it is merely an attempt by the plaintiff to "relitigate arguments already raised," the Department of Justice said in a June 23 response to SIS's motion to reconsider the case. The plaintiff failed to satisfy the high burden for reconsideration, DOJ said in the Court of International Trade, and also is not entitled to amend its complaint to change the jurisdictional grounds of its claim (Acquisition 362, LLC v. United States, CIT #20-03762).

The following lawsuits were recently filed at the Court of International Trade:

The Commerce Department's recent interpretation of the finished merchandise exemption to antidumping and countervailing duty orders on aluminum extrusions from China led to the "same absurd results" the agency originally wanted to avoid in its previous "subassemblies test" interpretation, importer WKW North America argued in a June 21 brief in support of its motion for judgment at the Court of International Trade. WKW contests a scope ruling from Commerce that found that the importer's automotive waist finishers, belt moldings and outer waist belts are within the scope of the AD/CVD orders because subassemblies can't qualify for the exemption (WKW North America, LLC v. United States, CIT #21-00072).