The Court of International Trade in an April 19 decision made public April 29 remanded the Commerce Department's second remand results in a case on the 2018 review of the countervailing duty order on carbon and alloy steel cut-to-length plate from South Korea. Judge Mark Barnett for the third time sent back Commerce's decision not to start an investigation into the countervailability of the off-peak sale of electricity. The court said Commerce must address an allegation made by petitioner Nucor Cop. and explain why evidence the company submitted is "insufficient" for the agency to investigate the "off-peak pricing" under the existing "low standard" to open an investigation. Barnett also sustained Commerce's finding that exporter POSCO and input supplier Plantec aren't "cross-owned" due to Nucor's failure to raise the issue administratively.
Thai exporter Sahamitr Pressure Container is challenging the Commerce Department's decision to reclassify certain cylinders as outside the scope of the antidumping duty order on steel propane cylinders from Thailand as part of its model match methodology. In its complaint, filed at the Court of International Trade April 24, Sahamitr also challenged Commerce's use of the Cohen's d test to detect "masked" dumping in the 2021-22 review of the AD order (Sahamitr Pressure Container v. U.S., CIT # 24-00064).
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).
Antidumping petitioner SSAB Enterprises argued that the Commerce Department was justified in using partial adverse facts available against respondent Salzgitter Flachstahl due to the company's failure to cooperate to the best of its ability. While Salzgitter said it couldn't submit certain requested information because one of its affiliated resellers, Salzgitter Mannesmann Stahlhandel, didn't keep that information, SSAB said that "Salzgitter cannot rely on" Salzgitter Mannesmann's "sloppy recordkeeping as a valid excuse to justify its failure to provide Commerce with the requested manufacturer information" (AG der Dillinger Huttenwerke v. United States, Fed. Cir. # 24-1219).
The statute on deemed liquidation for drawback claims "doesn't make sense as written," Judge Jane Restani said during April 18 oral arguments at the Court of International Trade. She said that both importer Performance Additives and the government are "adding terms to the statutes that aren't there," but said she understands because "none of this can work if we just read the words that are there" (Performance Additives v. United States, CIT # 22-00044).
The Commerce Department abused its discretion by denying an exporter’s supplemental questionnaire extension request amid the COVID-19 pandemic’s 2021 delta variant wave, Court of International Trade Judge Stephen Vaden ruled April 25. He pointed out that, by the time of the rejection, three of Simec’s key accountants had died of the disease and a fourth was "hospitalized and intubated."
The Court of International Trade on April 24 sustained CBP's finding on remand that importer Columbia Aluminum Products didn't evade the antidumping and countervailing duty orders on aluminum extrusions from China. But Judge Timothy Stanceu rejected Columbia's claim that CBP needed to immediately terminate the interim measures issued under the Enforce and Protect Act after reversing its original evasion finding.
The Court of International Trade on April 25 reversed the use of adverse facts available for Mexican rebar exporter Simec after the exporter couldn't provide certain downstream sales information by a supplemental questionnaire deadline. Judge Stephen Vaden said the Commerce Department abused its discretion by denying Simec’s timely extension request amid the COVID-19 pandemic, pointing out that three of Simec’s key accountants had died and a fourth had been intubated.
Hemp cones, tubes and wraps marketed for use with “tobacco-free herbal blends” and featuring warning statements that they shouldn’t be used with illegal drugs or tobacco aren’t restricted merchandise and may be imported into the U.S., CBP said in a recent ruling.
The United States asked for 14 more days to file its reply brief in an appeal at the U.S. Court of Appeals for the Federal Circuit on the validity of the Commerce Department's non-market economy policy in antidumping duty cases. The government said it needs more time to prepare its draft brief and receive input from DOJ "supervisory counsel" and Commerce attorneys (Jilin Forest Industry Jinqiao Flooring Group Co. v. United States, Fed. Cir. # 23-2245).