The Court of International Trade on May 28 said the Commerce Department erred in revoking the antidumping duty orders on stilbenic optical brightening agents from Taiwan and China after it didn't receive a timely notice of intent to participate in the orders' sunset reviews from a domestic producer. Judge M. Miller Baker told Commerce to conduct the full sunset reviews since U.S. manufacturer Archroma U.S. filed substantive responses to the agency's notice of initiation of the sunset reviews.
The Commerce Department on remand at the Court of International Trade reduced the antidumping duty rate for respondent Meihua Group International Trading (Hong Kong) from 154.07% to zero percent in the 2019-20 review of the AD order on xanthan gum from China. The agency reviewed its use of adverse facts available against the company due to the exporter's explanation that its U.S. duties and Section 301 duties are "subject to a possible recalculation" (Meihua Group International Trading (Hong Kong) v. United States, CIT Consol. # 22-00069).
The Court of International Trade on May 23 entered a default judgment against importer Rayson Global and its owner Doris Cheng due to their failure to file an answer to the government's complaint accusing them of avoiding antidumping and Section 301 duties on uncovered mattress innersprings from China (United States v. Rayson Global, CIT # 23-00201).
The Court of International Trade was wrong to rule that imported calendar planners should be classified by CBP as diaries instead of calendars, the importer said in its opening brief to the U.S. Court of Appeals for the Federal Circuit on May 24 (Blue Sky The Color of Imagination v. U.S., Fed. Cir. # 24-1710).
The 323.12% antidumping rate received by quartz countertop exporter Antique Group in an administrative review after it missed a questionnaire deadline by five hours is an abuse of the Commerce Department’s discretion, Court of International Trade Judge Mark Barnett said in a May 28 opinion. The judge ordered Commerce to accept the exporter’s late filing; he also determined that the department’s application of adverse facts available to Antique Group would have been unreasonable even if the court had upheld its rejection of the exporter’s late filing. Addressing petitioner Cambria’s claim, Barnett also concluded that Commerce must also reconsider or further explain its departure from the expected method in calculating nonselected respondents' rate.
The Court of International Trade on May 28 told the Commerce Department to conduct sunset reviews of antidumping duty orders on stilbenic optical brightening agents from Taiwan and China, after the agency revoked the orders after not receiving a timely notice of intent to participate in the reviews. Judge M. Miller Baker said Commerce's regulation, which calls for revocation of the order after no such notice is received, violates the applicable statute, which says Commerce shall conduct the review after receiving either a notice of intent to participate or a substantive response. Because U.S. producer Archroma timely filed a substantive response, Commerce should have started the reviews.
The Court of International Trade last week remanded the Commerce Department's finding that Germany's Konzessionsabgabenverordnung (KAV) program, which exempts a fee for gas and power pipeline companies that sell electricity below a certain price point that would otherwise be passed onto consumers, wasn't a specific subsidy. Judge Claire Kelly sent the case back for the fourth time, finding that the agency must further investigate whether an alleged subsidy is de facto specific when facts give "reasons to believe" the subsidy may be de facto specific.
The Court of International Trade on May 28 denied the government's motion for partial reconsideration in its customs bond penalty case against surety company Aegis Security Insurance. After the court previously said the U.S. violated an implied contractual term of reasonableness in waiting eight years to demand payment on a customs bond, the government claimed it couldn't reasonably anticipate this would be an issue in this case. Judge Stephen Vaden said the U.S. was clearly on notice this was an issue and, as a result, waived any claims regarding the reasonable time requirement.
Exporters of stainless steel flanges from India are close to a settlement with the government to avoid a remand in a case involving an antidumping duty review in which the Commerce Department selected only one respondent (Kisaan Die Tech Private Limited v. U.S., CIT Consol. # 21-00512).
Another petitioner spoke up in favor of the International Trade Commission's redaction of confidential business information after the commission was taken to task for allegedly going too far by Court of International Trade Judge Stephen Vaden (see 2404010066). (OCP v. U.S., CIT Consol. # 21-00219).