The Commerce Department's antidumping duty order on artist canvas from China is "void-for-vagueness and unconstitutional," importer Printing Textiles, doing business as Berger Textiles, told the U.S. Court of Appeals for the Federal Circuit in its opening brief. The company argued that Commerce's "impermissibly unlawful" scope ruling including its canvas banner matisse within the scope of the order "denied Berger adequate notice," adding that the agency "failed to address due process concerns of vague language in the scope of the order" (Printing Textiles v. United States, Fed. Cir. # 25-1213).
The Commerce Department must more fully explain its calculation methodology used to account for the differences in volumes of lumber purchased by exporter Les Produits Forestiers D&G and its affiliate, Les Produits Forestiers Portbec, from unaffiliated suppliers, the Court of International Trade held in a decision made public Jan. 29. Judge Mark Barnett said the U.S. failed to "clarify Commerce's decision-making" behind the calculation in the expedited countervailing duty investigation on softwood lumber products from Canada.
The Commerce Department reasonably found that holding company Siemens Gamesa Renewable Energy S.A. is an "exporter or producer" under its regulations in an antidumping duty investigation on wind towers from Spain, the Court of International Trade held on Jan. 28. Judge Timothy Stanceu said the agency appropriately considered the evidence and rejected petitioner Wind Tower Trade Coalition's position that Siemens Gamesa didn't have a role in the production of wind towers and, thus, didn't have to rescind the investigation on the company.
The following new lawsuits have been filed recently at the Court of International Trade:
The Commerce Department erred in selecting Turkey and not Bulgaria as the main surrogate country in the 2022-23 review of the antidumping duty order on pure magnesium from China, exporters Tianjin Magnesium International Co. and Tianjin Magnesium Metal Co. argued in a Jan. 27 complaint at the Court of International Trade (Tianjin Magnesium International Co. v. United States, CIT # 25-00002).
The Commerce Department erred in picking Malaysia as the main surrogate country in the 2022-23 review of the antidumping duty order on activated carbon from China, exporter Carbon Activated Corp. argued in a Jan. 27 complaint at the Court of International Trade. Carbon Activated said that Romania was the better choice and that Commerce's use of Malaysia surrogate values for coal tar, sub-bituminous coal, hydrochloric acid, solid sodium hydroxide and potassium hydroxide was unsupported by substantial evidence (Carbon Activated Tianjin Co. v. United States, CIT # 24-00265).
Two multilayered wood flooring exporters, Baroque Industries and Riverside Plywood, said Jan. 23 that the Commerce Department wrongly applied adverse facts available to several of Baroque’s input suppliers, determining they were under government control even though “[n]ecessary information for these eighteen suppliers was not missing from the record” (Baroque Timber Industries (Zhongshan) Co. v. United States, CIT # 24-00106).
The Court of International Trade in a decision made public Jan. 29 sustained in part and remanded in part the expedited countervailing duty investigation of softwood lumber products from Canada. Judge Mark Barnett sent back the Commerce Department's subsidy calculation for affiliated exporters Les Produits Forestiers D&G and Les Produits Forestiers Portbec, which the agency used to account for the differences in volumes of lumber the two companies bought from unaffiliated producers. Barnett then upheld Commerce's use of exporter Fontaine's FY 2015 tax returns to calculate the amount of the tax benefits received by the company -- a move no party contested.
The Court of International Trade on Jan. 28 sustained the Commerce Department's second remand results in a case on the antidumping duty investigation on wind towers from Spain, in which the agency gave the collapsed entity of Siemens Gamesa and Windar a 28.55% AD rate. Judge Timothy Stanceu said Commerce reasonably found holding company Siemens Gamesa to be a "producer or exporter" and appropriately decided to collapse Siemens Gamesa, Windar and five of Windar's subsidiaries. The judge also upheld the agency's calculation of the collapsed entity's constructed export price.
The following new lawsuits have been filed recently at the Court of International Trade: