The Commerce Department and the International Trade Commission published the following Federal Register notices Nov. 12 on AD/CV duty proceedings:
Antidumping petitioner American Kitchen Cabinet Alliance voiced its support for the Commerce Department's remand results in Nov.10 comments submitted to the Court of International Trade. After CIT remanded the case to Commerce for its failure to address the concerns of the mandatory respondent, the agency returned with a more thorough backing of its surrogate financial ratio decision that it believes adequately addresses the respondent's concerns (see 2110130053) (The Ancientree Cabinet Co., Ltd. v. United States, CIT # 20-00114).
The Commerce Department and the International Trade Commission published the following Federal Register notices Nov. 10 on AD/CV duty proceedings:
The Court of International Trade granted on Nov. 9 a voluntary remand motion from the Commerce Department to reconsider the terms of an alleged benefit conferred to a countervailing duty review respondent. In particular, Commerce will reconsider a South Korean government program relating to the payments of sewerage fees that allegedly gave respondent Hyundai Steel Co.a countervailable benefit. The case concerns the 2018 CVD administrative review of cut-to-length carbon-quality steel plate from South Korea. Commerce said it wants to reconsider the sewerage fees program since it learned more about the program when conducting the 2019 CVD review of the same goods (see 2111080050). The agency has 90 days to reconsider its position (Hyundai Steel Company v. U.S., CIT #21-00012).
The Court of International Trade should remand the Commerce Department's particular market situation adjustment to an exporter's constructed value, the exporter, Garg Tube Export, argued in a Nov. 8 brief at CIT. Substantial evidence does not support Commerce's evidence of a PMS existing, so the holding should be remanded, Garg Tube said. Though Commerce correctly reversed its PMS adjustment to its sales-below-cost test for some Garg Tube products on a first remand, the agency should not have found a PMS existed at all for Garg Tube, the exporter said.
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Hyundai Steel Co. attempted to explain away an attack from antidumping petitioner U.S. Steel that it has a "troubling history" on a key issue in the AD review, in a Nov. 8 brief submitted to the Court of International Trade. Asserting that its prior positions are irrelevant to the issue at hand, Hyundai characterized U.S. Steel's attacks as "without merit," arguing instead that its "perceived deficiency" in certain data fields can be easily explained to Commerce (Hyundai Steel Co. v. United States, CIT Consol. # 19-00099).
Mobile home skirting spikes imported by Roy G. Evans Co. are subject to antidumping duties on steel nails from China (A-570-909), the Commerce Department said in a scope ruling issued Nov. 5. Though Roy G. Evans, which does business as EVCO, argued that the spikes are imported under a tariff subheading not listed in the scope of the order, Commerce noted that the Harmonized Tariff Schedule numbers in the scope are not exhaustive, and that the merchandise has the physical characteristics of subject nails.
The Commerce Department wants another chance to consider a countervailing duty review after it learned more about the alleged benefit conferred to the respondent, the Department of Justice said in an unopposed remand motion filed Nov. 8 at the Court of International Trade. In particular, Commerce wants to reconsider a South Korean government program relating to the payments of sewerage fees that allegedly gave respondent Hyundai Steel Co.a countervailable benefit (Hyundai Steel Company v. U.S., CIT #21-00012).
Antidumping duty investigation respondent Hyundai Steel Co.'s arguments against the Commerce Department's particular market situation finding for South Korean hot-rolled coil cannot be considered because they don't apply to Hyundai, the Department of Justice told the Court of International Trade in a Nov. 8 brief. Even if the court were to consider Hyundai's arguments on this issue, nothing in the court's latest opinion in the case precludes Commerce from finding a PMS, the brief said. Rather, CIT only took issue with Commerce's application of the PMS finding.