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.

Oman Aluminum Rolling Co. (OARC) is not affiliated with a supplier of a key common alloy aluminum sheet input despite the owner of OARC also owning 40% of the input producer, OARC said in a June 25 complaint in the Court of International Trade. The Commerce Department's incorrect conclusion of an affiliation led to the agency's application of adverse facts available (AFA) in an antidumping duty investigation of aluminum sheet from Oman, the exporter said. The court should remand this finding for further consideration along with Commerce's use of AFA, because OARC complied with all proceedings in the AD investigation, OARC said (Oman Aluminum Rolling Company LLC v. United States, CIT #21-00266).

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

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).

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 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.

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

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 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.

The 5th U.S. Circuit Court of Appeals denied Huawei’s challenge to the FCC ban of the Chinese telecom gear vendor's equipment from networks funded by the Universal Service Fund under its national security supply chain rules (see 1911220064). Huawei sought the review in December. “If we were convinced that the FCC is here acting as ‘a sort of junior-varsity’ State Department,” the court “would set the rule aside,” Judge Stuart Kyle Duncan said Friday for the three-judge panel. “But no such skullduggery is afoot. Assessing security risks to telecom networks falls in the FCC’s wheelhouse.” Huawei is “disappointed” by the ruling and is “assessing” its “options to respond,” a spokesperson emailed: The company continues “to believe the FCC acted without authority in changing” its USF rules. The FCC didn’t comment. Wiley’s Tom Johnson, former FCC general counsel, said he’s “proud to have represented” the U.S. “in this important case.” Matthew Berry, who was chief of staff to then-FCC Chairman Ajit Pai, also praised the ruling.