The Commerce Department and the International Trade Commission published the following Federal Register notices Aug. 11 on AD/CVD proceedings:
The U.S. Court of Appeals for the Federal Circuit should not grant a rehearing petition to Hitachi in an antidumping duty case, argue both the U.S. government and defendant-appellant Hyundai in two separate Aug. 9 responses at CAFC (Hitachi Energy USA v. U.S., Fed. Cir. #20-2114).
The Commerce Department continued to apply countervailing duties for China’s Export Buyer’s Credit Program to two Chinese wooden cabinet exporters in remand results submitted to the Court of International Trade Aug. 5, despite a court-ordered effort by the agency to validate non-use of the program without information withheld by the Chinese government.
Minor issues in reporting home market sales in an antidumping duty administrative review don’t rise to the level that would justify an adverse facts available margin for an exporter’s large power transformers from South Korea, and the exporter’s purported lack of cooperation in a previous year’s administrative review does not give Commerce leeway to apply AFA anyway, said the Court of Appeals for the Federal Circuit in an Aug. 11 decision. Affirming a decision of the Court of International Trade, the Federal Circuit upheld the lower court’s finding that the errors in a small subset of Hyundai Electric & Energy Systems’s reported home market sales “were inadvertent and were corrected without undue difficulty,” and should not have served as the basis for the 60.81% AFA rate originally assigned by Commerce. On remand, Commerce had dropped its reliance on AFA and calculated a zero percent AD duty rate. Hitachi, petitioner in the case, had appealed.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Court of International Trade will close out a controversial case involving allegations of antidumping and countervailing duty evasion by a Dominican exporter in that Dominican exporter’s favor, granting on Aug. 8 a motion to enter judgment sustaining CBP’s reversal of an evasion finding for Kingtom Aluminio in an Enforce and Protect Act investigation. Kingtom, several importers and the U.S. government had filed a joint motion requesting CBP’s remand results be sustained (see 2206230037).
The Customs Rulings Online Search System (CROSS) was updated Aug. 5 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
CBP affirmed a February determination that found substantial evidence of evasion of countervailing duties and antidumping duties on wooden cabinets from China by two importers, after a review of the case, according to a recently released notice.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: