Trade Law Daily is providing readers with the top stories from last week in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
Trade Law Daily is providing readers with the top stories from last week in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The Commerce Department's remand redetermination concerning an antidumping duty review on oil country tubular goods from South Korea still suffers from "legal and factual flaws" despite the correct conclusion that no particular market situation existed that distorted the costs of production, Nexteel said in its Dec. 2 comments to the Court of International Trade. Nexteel told the court that, due to what it sees as the correct conclusion, CIT should sustain the remand redetermination but should force Commerce to reconsider the PMS issue should it come up before the court in the future (Nexteel and Seah Steel v. U.S. and U.S. Steel CIT # 18-00083).
The Commerce Department in Nov. 29 remand results at the Court of International Trade dropped its particular market situation adjustment from the sales-below-cost test when calculating normal value following a voluntary remand request in an antidumping duty case. The result dropped respondent Saha Thai Steel Pipe Public Company Ltd.'s AD margin from 36.97% to 14.74%. The agency also reduced the margin for non-selected respondent Thai Premium Pipe Co. since it is part of the litigation (Saha Thai Steel Pipe Public Company v. United States, CIT #21-00627).
The Court of International Trade should reconsider its decision to uphold the Commerce Department's use of the Cohen's d test as part of its differential pricing analysis (DPA) to root out "masked" dumping, given a recent U.S. Court of Appeals for the Federal Circuit decision, plaintiff SeAH Steel Corp. argued in a Nov. 21 reply brief. Responding to the U.S.'s opposition to the rehearing bid, SeAH said that since the Federal Circuit called the use of the Cohen's d test into question in Stupp Corp. v. U.S., the trade court needs to reconsider its ruling made before the CAFC decision (SeAH Steel Corp. v. United States, CIT #19-00086).
The Court of International Trade erred when it dismissed a case brought by importer Rimco over alleged "excessive fines" leveled by CBP for the combination of antidumping and countervailing duty rates on steel wheels from China, Rimco argued in a Nov. 14 brief before the Court of Appeals for the Federal Circuit.
The Commerce Department will revisit its approach to "analyzing and determining the existence of a [particular market situation] that distorts costs of production" in antidumping duty proceedings, given the U.S. Court of Appeals for the Federal Circuit's opinion in Nexteel v. United States. Releasing an advance notice of proposed rulemaking in the Nov. 18 Federal Register, Commerce said that it is seeking public comments on what evidence it should and shouldn't consider when finding whether a PMS exists that supports the COP and when the amount of distortion in the COP caused by a PMS cannot be quantified based on the record.
Trade Law Daily is providing readers with the top stories from last week in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The Court of International Trade's March dismissal of a case seeking the collection of over $5.7 million in unpaid duties on passenger vehicle and light truck tires from China was correct because the importer properly revoked its statute of limitations waiver, Katana Racing said in an Oct. 24 brief filed at the U.S. Court of Appeals for the Federal Circuit (United States v. Katana Racing, Fed. Cir. #22-1832).
The Commerce Department dropped its finding that a particular market situation affected inputs to oil country tubular goods from South Korea in remand results submitted on Oct. 24 to the Court of International Trade. Submitting the remand redetermination after a U.S. Court of Appeals for the Federal Circuit ruling, Commerce did say that it still believes imports of low-priced Chinese steel could contribute to the existence of a PMS and that, based on the Federal Circuit's ruling, it could in the future defend a PMS finding solely on this ground. The result of the remand left the dumping margins unchanged (Nexteel Co. v. United States, CIT #18-00083).