The Department of Justice and defendant-intervenor American Kitchen Cabinet Alliance moved to strike part of Chinese cabinet exporter's argument in an antidumping case, claiming the exporter included a new argument in a court filing that was not part of the underlying investigation. In dual April 22 motions to strike in the Court of International Trade, both DOJ and the AKCA said the argument by the exporter, The Ancientree Cabinet Co., over the proper classification of its inputs for wooden cabinets and vanities in selecting surrogate values for an antidumping investigation from a nonmarket economy was not raised during oral argument. A lawyer associated with the case confirmed Ancientree will file a response to the motion to strike.
Court of International Trade activity
Wood importer Richmond International Forest Products launched a challenge in the Court of International Trade claiming its imports of hardwood plywood from Cambodia were erroneously deemed to be of Chinese origin by CBP. In an April 21 complaint, RIFP said its imports were improperly hit with antidumping and countervailing duties, Section 301 tariffs, Merchandise Processing Fees and additional Harbor Maintenance Fee. In addition, RIFP claims that CBP's failure to consider what it sees as key evidence violated the Administrative Procedure Act and the importer's Fifth Amendment rights of due process.
The following lawsuits were recently filed at the Court of International Trade:
CBP's process for carrying out Enforce and Protect Act investigations could eventually be found by the courts to be unconstitutional, trade lawyers Jen Diaz and David Craven of Diaz Trade Law said during an April 21 webinar. The EAPA investigations, which seek to determine if a company evaded antidumping or countervailing duty orders, are mostly secret and do not inform entities if they are being investigated or what evidence stands against them.
The Court of International Trade's newest judge, Stephen Vaden, issued his first opinion with the court on April 21, dismissing tire importer Strategic Import Supply's challenge of CBP's assessment of countervailing duties on its imports of passenger vehicle and light truck tires from China. Vaden found that the importer's protest was filed too late, holding the 180-day deadline for protests runs from the date of liquidation, rather than the date CBP received updated assessment instructions from Commerce after Commerce amended rates set in the relevant CV duty administrative review.
The Commerce Department and the International Trade Commission published the following Federal Register notices April 21 on AD/CV duty proceedings:
The following lawsuits were recently filed at the Court of International Trade:
In dueling submissions to the Court of International Trade following oral arguments on April 19, DOJ and Ancientree made their final cases for the best surrogate country pick in the antidumping investigation on wooden cabinets and vanities from China. In a feud over whether Commerce should have picked Malaysia or Romania, the main contention was detailed financial statements versus more comparable producers in quantity and quality of product.
The Commerce Department continued on course in a remand redetermination on cold-rolled steel from South Korea submitted to the Court of International Trade April 19. The agency offered further explanation in response to a December 2020 Federal Circuit decision that struck down aspects of its final determination in the original CV duty investigation on cold-rolled steel, but did not make any changes to its findings to address concerns over a finding that electricity offered at less than adequate remuneration (LTAR) was not a countervailable subsidy. The Federal Circuit had remanded because Commerce had purportedly relied on its old “preferentiality” standard, and failed to address a second South Korean electricity producer.
The Commerce Department will reverse course on a particular market situation adjustment to production costs for the purposes of a sales-below-cost test in an antidumping review on circular welded carbon steel standard pipe and tube products from Turkey, it said in a final remand redetermination filed with the Court of International Trade April 19. But it will only do so under protest, it said, noting the Federal Circuit has yet to weigh in with binding precedent on the issue.