The World Trade Organization's Dispute Settlement Body on April 25 agreed to establish a panel to review the EU's countervailing duties on new battery electric vehicles from China. The panel was created following China's second request to do so, because Beijing says the CVD violate Article VI of the General Agreement on Tariffs and Trade 1994 (see 2408140010).
The Commerce Department and the International Trade Commission published the following Federal Register notices April 28 on AD/CVD proceedings:
The Commerce Department and the International Trade Commission published the following Federal Register notices April 25 on AD/CVD proceedings:
No lawsuits have been filed recently at the Court of International Trade.
The Commerce Department and the International Trade Commission published the following Federal Register notices April 24 on AD/CVD proceedings:
The following lawsuits were filed recently at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit on April 21 issued its mandate after finding in February that CBP didn't need to refer the question of whether petitioner CP Kelco still made oilfield xanthan gum to the Commerce Department in an antidumping duty evasion case. The appellate court said the evidence didn't support such a referral and, in any case, the referral would only apply to future merchandise and not the goods subject to the evasion case (see 2502270018). The Federal Circuit also said CBP permissibly used adverse inferences against the manufacturers of the subject xanthan gum given their failure to submit requested information, notwithstanding the full participation of the importers subject to the proceeding (All One God Faith v. United States, Fed. Cir. # 23-1078).
The Commerce Department reasonably used adverse facts available against respondent Kumar Industries for failing to respond to the best of its ability in demonstrating that it's not affiliated with two unnamed companies, the Court of International Trade held on April 23. Judge Gary Katzmann held that Commerce's request for information on the alleged affiliations "should not have come as a surprise," adding that it's the respondent's burden to sufficiently populate the record.
The U.S. Court of Appeals for the Federal Circuit on April 23 again rejected the Commerce Department's use of the Cohen's d test as part of its analysis to detect and address "masked" dumping. A day after the court resoundingly struck down the agency's use of the test in a separate case (see Ref:2504220030]), Judges Alan Lourie, William Bryson and Leonard Stark said they were bound by the court's day-old ruling.
The Commerce Department and the International Trade Commission published the following Federal Register notices April 23 on AD/CVD proceedings: