Commerce should show broad deference to the "intent of the petitioner" when assessing scope rulings, a domestic petitioner argued to the Court of International Trade on March 3. The petitioner was supporting the U.S. in cases involving antidumping and countervailing duty investigations on freight rail couplers, saying that the case’s plaintiff, an exporter, had incorrectly argued that its goods were beyond the scope of the investigation due to a substantial transformation (Wabtec Corporation v. U.S., CIT #s 23-00160, -00161).
In Feb. 27 oral arguments, Court of International Trade Judge Timothy Reif grappled with whether the Commerce Department reasonably selected a broader, less-specific plywood price dataset over a smaller, more specific one. He also dealt with the department’s application of adverse facts available to multilayered wood flooring review respondents after a finding of government control based on the Chinese government’s “deficient” questionnaire responses (Baroque Timber Industries (Zhongshan) Co. v. United States, CIT # 23-00136).
The date range proposed in a consent motion enjoining liquidation of Thai-origin truck and bus tires extends into November 2025 because that will be the end of the first administrative review period under an antidumping duty order, the U.S. explained in response to a court query (United Steel, Paper and Forestry International Union v. United States, CIT # 25-00004).
Opposing remand results by the Commerce Department (see 2410310052) -- which saw a company's antidumping duty rate rise from 31.7% to 37.2% in a review -- that company, mobile access equipment exporter Zhejiang Dingli Machinery, pushed back against Commerce’s use of a petitioner’s freight costs data. That data was composed of only price quotations, not actual transactions, the exporter argued (Coalition of American Manufacturers of Mobile Access Equipment v. United States, CIT Consol. # 22-00152).
Court of International Trade Judge Gary Katzmann agreed March 3 to stay a case brought by rail coupler importer Amsted Rail Co. until a similar case concludes (Amsted Rail Co. v. United States, CIT # 23-00268).
The U.S. on Feb. 28 defended the Commerce Department’s continued use on remand of German third-country comparison market data for an antidumping duty investigation on Dutch-origin mushrooms. It said Commerce had adopted a presumption that actually favored petitioner Giorgio Foods, despite Giorgio's opposition to the new results (Giorgio Foods v. United States, CIT # 23-00133).
The United States sought Feb. 28 a rehearing of the Court of International Trade’s decision regarding the classification of precut chordal, radial and web fabric pieces used in airplane brakes. The products’ importer, Honeywell, would avoid duties if the ruling stands (Honeywell International Inc. v. U.S., CIT # 17-00256).
Petitioner Coalition of Freight Coupler Producers contested Feb. 24 two importers’ “slanderous” argument that the domestic rail coupler industry committed fraud that tainted an International Trade Commission injury investigation. Acknowledging the Association of American Railroads’ investigation of domestic producers’ sales of an unapproved knuckle model, it denied that any fraud had occurred (Wabtec Corp. v. U.S., CIT Consol. # 23-00157).
The Commerce Department placed an "undue emphasis on prefabrication" in a scope ruling on pencils in violation of its own regulations and case law, importer School Specialty said in a Feb. 27 brief at the Court of International Trade. Responding to claims from the U.S. and petitioner Dixon Ticonderoga Co., School Specialty said Commerce's "unreasonable fixation on 'prefabrication'" led the agency to "misjudge the true complexity and importance of the processing that occurs in the Philippines" (School Specialty v. United States, CIT # 24-00098).
The Commerce Department complied with the Court of International Trade's previous order telling the agency to accept a submission from antidumping duty respondent Grupo Simec that was previously rejected for being untimely, the trade court held on Feb. 28. Judge Stephen Vaden said the agency properly followed the court's instruction and reduced the 66.7% adverse facts available duty rate on Grupo Simec to zero percent.