A recent U.S. Court of Appeals for the Federal Circuit decision finding that antidumping duty countrywide rates in non-market economies can still be based on adverse facts available even if no respondents were uncooperative in an administrative review (see 2106100044) will be considered in a Court of International Trade case on the Commerce Department's AFA policy, according to a June 14 notice of supplemental authority from the Department of Justice. The Federal Circuit decision in China Manufacturers Alliance, LLC v. United States "substantially overlaps" with a CIT case over Commerce's NME policy brought by Jilin Forest Industry Jinqiao Flooring Group Co., DOJ said (Jilin Forest Industry Jinqiao Flooring Group Co., Ltd., v. United States, CIT #18-00191).
The U.S. Court of Appeals for the Federal Circuit on June 15 affirmed without opinion a lower court ruling that found women’s trousers made of a yarn extruded from a slurry that contained zinc nanoparticles are not classifiable in the tariff schedule as if they were made from metallized yarn. The appeals court’s Rule 36 judgment follows oral argument held Oct. 10 in the case, appealed by Lockhart Textiles. The decision is non-precedential, and contains no explanation.
Antidumping duty China-wide rates can still be based on adverse facts available (AFA) even if no members of the countrywide entity were found to be uncooperative in an administrative review, the U.S. Court of Appeals for the Federal Circuit said in a June 10 decision reversing a decision to the contrary from the Court of International Trade.
Antidumping duty China-wide rates can still be based on adverse facts available (AFA) even if no members of the countrywide entity were found to be uncooperative in an administrative review, the U.S. Court of Appeals for the Federal Circuit said in a June 10 decision reversing a decision to the contrary from the Court of International Trade.
Trade Law Daily is providing readers with some recent top stories. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The U.S. Court of Appeals for the Federal Circuit on June 2 upheld a Court of International Trade ruling that S.C. Johnson's Ziploc brand reclosable sandwich bags are classified under Harmonized Tariff Schedule heading 3923 as articles for the conveyance or packing of other goods, dutiable at 3%, as opposed to heading 3924 as plastic household goods, which would be eligible for duty-free Generalized System of Preferences benefits program treatment. Since the bags could fall under either heading 3923 or 3924, heading 3923 is the correct home for the bags since its terms are "more difficult to satisfy and describe the article with a greater degree of accuracy and certainty," the Federal Circuit said.
The U.S. Court of Appeals for the Federal Circuit should rule that pencil importer Prime Time exhausted its administrative options by asking the Commerce Department five times for "gap-filling" information that was necessary to determine the correct antidumping duty rate, the company said in a May 26 filing with the CAFC. The company "seeks remand here, directing the Trade Court to instruct Commerce to place gap-filling information only Commerce can access on the record to give Prime Time the meaningful opportunity provided by the statute to show the margin for its entries to be less than the highest prior margin," it said in its opening brief.
Judge Claire Kelly at the Court of International Trade probed the Commerce Department's process of determining whether surrogate country data is aberrational in antidumping cases, during May 19 oral arguments. In a case where she granted a motion for reconsideration following a U.S. Court of Appeals for the Federal Circuit ruling on a nearly identical issue, Kelly questioned Commerce's lack of clear criteria and "know it when I see it" approach.
The Court of International Trade ruled that the Commerce Department improperly applied adverse facts available to Chinese ribbon exporter Yama Ribbons and Bows Co. in a countervailing duty administrative review. In an April 30 opinion, Judge Timothy Stanceu found that Commerce did not consider record evidence fairly when determining whether Yama received a subsidy from the Export Buyer's Credit Program from the Export-Import Bank of China. Remanding the case, Stanceu also held that Commerce failed again to consider all relevant record evidence in its decision to include subsidy rates to inputs of synthetic yarn and caustic soda in the CVD review.
The U.S. Court of Appeals for the Federal Circuit recently upheld a lower court decision that found the Commerce Department correctly applied adverse facts available to a Mexican exporter after it submitted corrected cost data without adequate information in an antidumping duty administrative review.