The Commerce Department's preliminary application of an adverse facts available rate for a mandatory respondent to more than 40 non-selected respondents in an antidumping duty administrative review on stainless steel flanges from India violates the agency's obligation to calculate accurate rates, the lawyer for some of those non-selected respondents said in a May 4 letter to the agency. Peter Koenig of Squire Patton criticized the agency's practice of selecting a limited number of mandatory respondents in antidumping reviews, finding AFA on the respondents, then applying the erroneously reached higher dumping rate to all other respondents. He noted that, in a recent case involving Jilin Forest Industry Jinqiao Flooring Group, CIT found that this use of Commerce's "Mandatory Respondent Exception" goes against its statutory intention, which was to determine an "accurate all-others rate, based on a weighted average of rates determined for mandatory respondents" (see 2104300079). "Commerce should accurately calculate Chandan’s dumping margin, if not for Chandan (as should), but then for the 44 other Indian companies to whom Commerce is applying the Chandan dumping margin," Koenig's letter said. Chandan, the mandatory respondent, was assigned a 140.38% antidumping duty rate in the preliminary results of the review issued in February, and that rate was also extended to the non-selected respondents.
The Commerce Department and the International Trade Commission published the following Federal Register notices May 6 on AD/CV duty proceedings:
Following a review of interested party comments, the Commerce Department maintained its finding that Italian pasta maker Newlat Food S.p.A. is not the successor-in-interest to Delverde Industrie Alimentari S.p.A. following a merger of the two companies. In a May 4 issues and decision memorandum that accompanied Commerce's final results of a changed circumstances review, the agency found that, despite Newlat's Dec. 31, 2019, acquisition of Delverde, the entire executive staff, production, supplier relationships and customer base of Newlat differs from pre-merger Delverde's. “We further recommend finding that Newlat may not receive the company-specific cash deposit requirements previously assigned to Delverde, but instead shall continue to be subject to the cash deposit requirements for all-other producers and exporters,” the memo said.
The Commerce Department and the International Trade Commission published the following Federal Register notices May 5 on AD/CV duty proceedings:
The Commerce Department and the International Trade Commission published the following Federal Register notices May 4 on AD/CV duty proceedings:
The following new requests for antidumping and countervailing duty scope rulings were filed with the Commerce Department during the week of April 26-30:
The Commerce Department and the International Trade Commission published the following Federal Register notices May 3 on AD/CV duty proceedings:
The Commerce Department will not modify the scope of its ongoing antidumping and countervailing duty investigations on aluminum foil from Armenia, Brazil, Oman, Russia and Turkey in preliminary AD duty determinations now imminent in the cases, Commerce said in a preliminary scope memorandum issued April 27. The agency ruled against requests from respondents to the investigations to exclude household aluminum foil and thin-gauge foil (with a thickness less than 7 microns), deferring to petitioners’ wishes not to exclude the products. Both products are covered by the scope of the AD/CVD investigations as currently written.
Diamond sawblades made by Protech in Canada from a core and segments each of Chinese and non-Chinese origin are not subject to antidumping duties on diamond sawblades from China (A-570-900), but some are covered by duties nonetheless due to Protech’s partial ineligibility for making the required certifications, the Commerce Department said in a scope ruling issued April 27.
The Commerce Department and the International Trade Commission published the following Federal Register notices April 30 on AD/CV duty proceedings: