The U.S. told the Court of International Trade on July 15 that importer CVB cannot meet constitutional or statutory standing to challenge the Commerce Department's scope decision finding that seven models of wood platform beds imported by Zinus aren't covered by the scope of the antidumping duty order on wooden bedroom furniture from China (CVB v. United States, CIT # 24-00036).
The Commerce Department and the International Trade Commission published the following Federal Register notices July 16 on AD/CVD proceedings:
The U.S. Court of Appeals for the Federal Circuit on July 15 issued its mandate in an antidumping duty review on Indian frozen warmwater shrimp after it affirmed the Court of International Trade's decision to sustain the Commerce Department's use of antidumping duty respondent Z.A. Sea Foods' Vietnamese sales to calculate normal value (see 2406070034). The decision was issued without an accompanying opinion. The trade court said petitioner Ad Hoc Shrimp Trade Action Committee failed to flesh out its claim that, since ZASF's Vietnamese sales were not actually for consumption in Vietnam, Commerce couldn't use them to set normal value (see 2212070036) (Z.A. Sea Foods Private Ltd. v. United States, Fed. Cir. # 23-1469).
Importer Atlas Power is attempting to use a U.S. request to withdraw an admission of fact in a customs case to root out the government's "alternative classification" of the graphics processing units at issue, the U.S. said following Atlas' opposition to the U.S. motion (Atlas Power v. United States, CIT # 23-00084).
In litigation brought by a Vietnamese solar panel exporter, an importer said July 9 that the Commerce Department couldn’t find that all of a country’s exporters had circumvented antidumping and countervailing duty orders based on finding that one mandatory respondent did (Trina Solar (Vietnam) Science & Technology Co. v. U.S., CIT # 23-00228).
Countervailing duty petitioner Rebar Trade Action Coalition said the U.S. Court of Appeals for the Federal Circuit has the authority to reinstate the Commerce Department's original determination attributing subsidies received by an exporter's cross-owed input supplier to the exporter itself (Kaptan Demir Celik Endustrisi ve Ticaret v. United States, Fed. Cir. # 24-1431).
Countervailing duty respondent Riverside Plywood and its cross-owned affiliate Baroque Timber Industries (Zhongshan) Co. said the Commerce Department improperly used adverse facts available to find that all of its input suppliers were government authorities (Baroque Timber Industries (Zhongshan) Co. v. United States, CIT # 24-00106).
The Continued Dumping and Subsidy Offset Act of 2000 doesn't require payouts of interest assessed after liquidation, known as delinquency interest, to affected domestic producers, the U.S. Court of Appeals for the Federal Circuit said July 15. Judges Alan Lourie, Kara Stoll and Tiffany Cunningham said that the statute only provides for interest that's "earned on" antidumping and countervailing duties and "assessed under" the associated AD or CVD order.
The Commerce Department and the International Trade Commission published the following Federal Register notices July 15 on AD/CVD proceedings:
The following lawsuit was recently filed at the Court of International Trade: