A recent U.S. Court of Appeals for the Federal Circuit opinion, Mid Continent Steel & Wire v. U.S., supports a group of mattress exporters' Court of International Trade case contesting an antidumping duty investigation on mattresses from Vietnam, the exporters said in an April 25 notice of supplemental authority. In Mid Continent, the Federal Circuit remanded the Commerce Department's decision to use a simple average to calculate the pooled standard deviation when using the Cohen's d test in its differential pricing analysis to target "masked dumping" (see 2204210031). The mattress exporters, led by Ashley Furniture Industries, seek to piggyback on this decision, arguing that it confirms their position that "the use of simple-average standard deviation rather than weighted-average or population standard deviation represents an unreasonable departure from the original intent of the developers of the Cohen’s d formula" (Ashley Furniture Industries v. United States, CIT #21-00283).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Commerce Department submitted an amended remand submission to the Court of International Trade removing "extraneous legal argument" as instructed by the court. The remand results, originally submitted in January, excluded exporter Saha Thai Steel Pipe Public Co.'s dual-stenciled pipe from the scope of the antidumping duty order on circular welded carbon steel pipes and tubes from Thailand. The court said that Commerce was wrong to include Saha Thai's products in the scope of the order since there was no International Trade Commission injury determination on line pipe from Thailand (see 2110070029) (Saha Thai Steel Pipe Public Company v. United States, CIT #20-00133).
While antidumping duty respondent Goodluck India Limited does not oppose DOJ's motion to partially dismiss its case, it wants the Court of International Trade to find jurisdiction for its case under Section 1581(i), the court's "residual" jurisdiction. Responding to the partial dismissal motion in an April 22 reply brief, Goodluck used the opportunity to also characterize the U.S. government's statement of facts as "inaccurate" (Goodluck India Limited v. United States, CIT #22-00024).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The defendant-intervenors in an antidumping duty case, Insteel Wire Products Co., Sumiden Wire Products Corp. and Wire Mesh Corp., signed off on the Commerce Department's remand results at the Court of International Trade applying partial adverse facts available. The remand results accepted certain of Turkish exporter Celik Halat's questionnaire responses that it originally denied due to being filed 21 minutes late. The result dropped Commerce's use of total AFA to partial AFA (Celik Halat ve Tel Sanayi v. United States, CIT #21-00045).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Antidumping duty petitioner Wheatland Tube Co. failed to rebut plaintiff Borusan Mannesmann's motion that no substantial question remains regarding Wheatland's appeal of an antidumping duty case related to a particular market adjustment, Borusan said in an April 20 reply brief at the U.S. Court of Appeals for the Federal Circuit. Since the Federal Circuit in a separate case found that particular market situation adjustments cannot be made to the sales-below-cost test, the issue is "completed," so the court should affirm Borusan's motion for summary affirmance, the brief said (Borusan Mannesmann Boru Sanayi ve Ticaret v. United States, Fed. Cir. #21-2097).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Commerce Department reversed course on 45 Section 232 steel and aluminum tariff exclusion bids, granting the requests on remand at the Court of International Trade. Submitting the results of its voluntary remand request in an April 18 submission, Commerce's Bureau of Industry and Security granted importer Mirror Metals' exclusion requests, finding that the bids should be granted after looking at whether the relevant steel article could be made at a sufficient level in the U.S. (Mirror Metals v. United States, CIT #21-00144).