The presumption of foreign state control in antidumping duty cases doesn't disappear after the exporter presents "minimal contradictory evidence," the government said in a reply brief on May 1 at the U.S. Court of Appeals for the Federal Circuit. Contrary to claims made by exporters Aeolus Tyre Co. and Guizhou Tyre Co., the government said, the Commerce Department "has long required respondents to demonstrate autonomy with respect to" all four criteria used to assess freedom from foreign state control, even for companies only minority-owned by a government entity (Guizhou Tyre Co. v. United States, Fed. Cir. # 23-2163).
A Chinese brick exporter fought back April 29 against opposition to its motion for judgment by the U.S. (see 2402130053) and domestic producers (see 2403120068), saying that its products weren't circumventing antidumping and countervailing duties on magnesia carbon bricks from China because the products are actually magnesia alumina graphite bricks, which are duty-free. The Commerce Department is “cherry-picking” evidence from prior scope rulings to prove otherwise, it said (Fedmet Resources v. U.S., CIT # 23-00117).
The U.S. and petitioner Nucor Corp. defended the Commerce Department's use of partial adverse facts available against exporter Salzgitter Flachstahl in the antidumping duty investigation on carbon and alloy steel cut-to-length plate from Germany, in a pair of reply briefs at the U.S. Court of Appeals for the Federal Circuit. The government said the steel company said Commerce properly identified a gap in the record stemming from Salzgitter's failure to submit manufacturer information for 28,000 of its sales from an affiliated reseller, Salzgitter Mannesmann Stahlhandel (AG der Dillinger Huttenwerke v. U.S., Fed. Cir. # 24-1219).
Several importers appealed for relief April 22 to the U.S. Court of Appeals for the Federal Circuit, saying in their opening brief that the International Trade Commission wrongly reached an affirmative critical circumstances determination regarding their Vietnamese honey imports and the Court of International Trade erroneously upheld it (Sweet Harvest Foods v. U.S., Fed. Cir. # 24-1370).
A manufacturer must have attributed to them all subsidies received by a cross-owned input supplier’s upstream product that is “primarily dedicated to the production of the downstream product,” a domestic petitioner said in an April 17 brief before the U.S. Court of Appeals for the Federal Circuit. It also argued that the “downstream product” doesn’t need to be “subject merchandise” (Gujarat Fluorochemicals v. U.S., Fed. Cir. # 24-1268).
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In the U.S. Court of Appeals for the Federal Circuit, the U.S. and defendant-appellee petitioners fought back against an importer’s opening brief that argued a Commerce Department scope ruling “would overturn more than 10 years of black-letter law” (Valeo North America v. U.S., Fed. Cir. # 24-1189).
In April 3 oral arguments before the U.S. Court of Appeals for the Federal Circuit, the government said that the 1930 Tariff Act was recently amended to “explicitly not require” the Commerce Department to show that an exporter’s rate reflects its commercial reality (Pro-Team Coil Nail Enterprise v. U.S., Fed. Cir. # 22-2241).
In choosing a second mandatory respondent for a nearly 5-year-old Chinese passenger vehicle and light truck tires antidumping review and removing separate status from four other exporters that refused to participate, the Commerce Department fully complied with a 2023 Court of International Trade remand order (see 2302020032), the government said April 2 (YC Rubber Co. (North America) v. U.S., CIT # 19-00069).
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