The Commerce Department should accept an exporter's evidence of entries to establish a separate rate in an antidumping duty case, or else conclude that it had no shipments and not review the company, the exporter, Ningbo Qixin, argued in an Aug. 18 reply brief to the U.S. Court of Appeals for the Federal Circuit (Canadian Solar International, et al. v. U.S., Fed. Cir. # 20-2162).
The U.S. Court of Appeals for the Federal Circuit ruling to overturn a Court of International Trade decision that called into question the use of first sale treatment for imported goods involving non-market economy countries (see 2208110060) is largely seen as providing a welcome relief to importers, several law firms said. "For those importers enjoying the benefits of lower declared values and duties, particularly from China in light of Section 301 tariffs, there is no longer a need for concern now that, on appeal, the court has given first sale a nod," Sandler Travis lawyer Lenny Feldman said on a podcast. The original CIT decision (Meyer Corporation v. U.S., Fed. Cir. #21-1392) raised some concerns for the future of first sale treatment (see 2104200028).
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The five-year statute of limitations for fraudulent civil penalty enforcement action in the Court of International Trade might begin to run from the date the government is sufficiently on notice rather than on the date of documented confirmation, Greenlight Organic, Inc. and Parambir Singh Aulakh argued in an Aug. 12 motion for an interlocutory appeal to the U.S. Court of Appeals for the Federal Circuit to decide the statute of limitations issue (U.S. v. Greenlight Organic and Parambir Singh Aulakh, CIT #17-00031).
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, nor does the exporter’s purported lack of cooperation in a previous year’s administrative review give Commerce leeway to apply AFA, the U.S. Court of Appeals for the Federal Circuit ruled Aug. 11.
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 Court of International Trade was wrong to consider China's non-market economy status when analyzing whether to grant first sale treatment, the Court of Appeals for the Federal Circuit said in a Aug. 11 ruling. The decision overturns and remands a 2021 CIT ruling that said that first sale treatment shouldn't apply for cookware imported by Meyer from Thailand and China through a Chinese middleman because China is a NME.
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The Commerce Department in July 18 remand results submitted to the Court of International Trade flipped its positions on whether a particular market situation adjustment distorts the cost of production of a welded line pipe input and whether an adjustment should be made to antidumping duty respondent Nexteel Co.'s constructed value for sales of non-prime goods. The agency conformed to the trade court's ruling, finding a PMS doesn't exist and recalculating CVD without the non-prime goods adjustment, leaving respondents Nexteel and SeAH Steel Corp. with 1.12% and zero percent dumping rates, respectively. However, the agency stuck by its decision to reclassify Nexteel's reported losses over its suspended production lines (Nexteel Co. et al. v. United States, CIT #20-03898).
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