The Commerce Department did not properly explain why it was appropriate to inflate a Mexican labor wage rate using Brazilian data in an antidumping duty investigation, the Court of International Trade ruled in a Sept. 13 opinion, made public Sept. 21. Commerce requested a voluntary remand in the case to further explain its decision, since it admitted to the court that it did not explain this position. Judge M. Miller Baker also sent the case back so the agency can identify the evidence in the record that supports granting Guangzhou Ulix Industrial & Trading Co. a separate rate.
Three separate lawsuits at the Court of International Trade are challenging the results of the Commerce Department's eighth administrative review of the antidumping duty order on crystalline silicon photovoltaic cells from China. All three suits allege Commerce made errors in its calculations and choice of data, particularly its surrogate values, during the review.
The Commerce Department stuck by its positions in an antidumping duty review, in Aug. 23 remand results. The agency further explained its selection of India as the primary surrogate country and its analysis of respondent NTSF Seafoods' reporting of the company's ratio of whole live fish to fillets and the moisture content of the fillets (Catfish Farmers of America v. U.S., CIT #20-00105).
The Commerce Department unlawfully used an alternate method for calculating normal value in an antidumping duty review on goods from China, respondent Hangzhou Ailong Metal Products argued in an Aug. 22 motion for judgment at the Court of International Trade. The exporter argued Commerce illegally based normal value on the price at which the subject merchandise, square tubes, is sold in other countries, rather than base normal value on the quantity of raw materials used to make the square tubes (Hangzhou Ailong Metal Products Co. v. U.S., CIT #22-00116).
CBP has no basis to consider a country’s non-market economy status when determining whether to grant first sale treatment to a transaction, the U.S. Court of Appeals for the Federal Circuit said Aug. 11 in a widely anticipated decision involving cookware imported by Meyer.
The Court of International Trade issued a decision Aug. 8 remanding surrogate value calculations in an antidumping duty review on activated carbon from China to the Commerce Department for reconsideration or explanation. While CIT sustained five of the seven surrogate selections at issue in the case, it found the agency failed to explain its surrogate value selection of a dataset for carbonized material and its pick of a company for determining surrogate financial ratios.
While plaintiffs in a solar cell antidumping review case were satisfied with the Commerce Department's switch from adverse facts available and how it values silver paste on remand, they still contest the agency's positions on how to value backsheets and ethyl vinyl acetate (EVA) using surrogate data. In comments to the Court of International Trade, the plaintiffs, led by Risen Energy, argued the Commerce's bid to further defend its valuation of backsheet and EVA inputs is unsupported by substantial evidence (Risen Energy v. U.S., CIT Consol. #20-03743).
The Court of International Trade issued a decision Aug. 8 remanding surrogate value calculations in an antidumping review on activated carbon from China back to the Commerce Department for reconsideration or explanation. While CIT sustained five of the seven surrogate selections at issue in the case, it found the agency failed to explain its surrogate value selection of a dataset for carbonized material and its pick of a company for determining surrogate financial ratios.
The Commerce Department erred by selecting Brazil as the primary surrogate country in an antidumping duty review then using log input data from Malaysia, exporter Jiangsu Senmao Bamboo and Wood Industry Co. said in a July 7 complaint at the Court of International Trade. Senmao also contested Commerce's decision to deny the exporter a byproduct offset, revise the Brazilian surrogate value data for plywood and select Brazil as the primary surrogate while rejecting its log data, adjusting the plywood data and revising the financial ratios (Jiangsu Senmoa Bamboo and Wood Industry Co. v. United States, CIT #22-00190).
The Commerce Department submitted its remand results July 5 in an antidumping duty review challenge originally brought by Risen Energy Co. at the Court of International Trade. Commerce switched its positions on applying adverse facts available over unreported factors of production data -- reverting to neutral facts available -- and on how to value silver paste using Malaysian surrogate data. The agency stuck by its positions, though, on how to value backsheets and ethyl vinyl acetate (EVA) using surrogate data. The latter two positions remain contested by the plaintiffs, but they consented to Commerce's switch on the FOP data and silver paste (Risen Energy Co., et al. v. United States, CIT Consol. #20-03743).