Judges on the U.S. Court of Appeals for the Federal Circuit questioned the Commerce Department's decision to pull forward a 78% adverse facts available rate from a prior antidumping duty review in the 2018-19 AD review on steel nails from Taiwan, but not the lower rate for the non-individually examined respondents (PrimeSource Building Products v. U.S., Fed. Cir. # 22-2128).
The Court of International Trade on April 4 upheld the Commerce Department's use of the invoice date rather than the contract date for the date of sale for respondents Kaptan Demir and Colakoglu Metalurji in the 2020-21 review of the antidumping duty order on steel concrete reinforcing bar from Turkey.
The Court of International Trade in a March 11 decision made public April 1 sent back the Commerce Department's departure from the expected method in setting the separate rate companies' rate in the 2016-17 review on the antidumping duty order on multilayered wood flooring from China.
The U.S. on March 25 supported the Commerce Department’s voluntary remand results that used an Italian steel exporter’s quarterly costs methodology to calculate its steel’s value and assigned the exporter a de minimis rate (Officine Tecnosider SRL v. U.S., CIT # 23-00001).
The Commerce Department last week issued new antidumping and countervailing duty regulations, which, most notably, lifted the prohibition on the consideration of transnational subsidies in CVD cases (see 2403210070).
The Commerce Department on March 26 set a higher antidumping duty rate for exporter Ningbo Master International Trade in the investigation on beer kegs from China after electing on remand to use Brazilian wage data for the surrogate labor value. The exporter's rate. if sustained by the Court of International Trade, would rise from a de minimis mark to 4.23%, lifting the separate rate applicants' AD mark with it by an equal amount (New American Keg v. United States, CIT # 20-00008).
Judge Mark Barnett of the Court of International Trade indicated in March 19 oral arguments that he is leaning toward remanding a case about the application of an adverse facts available rate to an exporter that missed an unusual 10 a.m. filing deadline by five hours (Cambria Co. v. U.S., CIT # 23-00007).
Correction: The Commerce Department shouldn't have granted a de minimis antidumping duty rate to a respondent in the AD investigation on preserved mushrooms from the Netherlands, the domestic petitioner for the investigation argued in a motion for judgment filed at the Court of International Trade Nov. 21 (see 2312010061) (Giorgio Foods v. U.S., CIT # 23-00133).
A U.S. petitioner on March 18 again argued that a Dutch preserved mushrooms exporter “significantly impeded” a Commerce Department antidumping duty investigation and that the agency shouldn't have granted the exporter a de minimis AD rate (Giorgio Foods, Inc. v. U.S., CIT # 23-00133).
After the Commerce Department undertook a court-ordered on-site verification visit for an Indian forged steel fluid end block exporter due to a petitioner’s lawsuit, the petitioner responded in comments March 8 saying that the visit stirred up new inconsistencies that Commerce should have taken into consideration when calculating the exporter’s antidumping duty rate (Ellwood City Forge Co. v. U.S., CIT # 21-00007).