Respondents, led by the Coalition for Fair Mexican Exports of Aluminum Extrusions, defended the International Trade Commission's negative injury finding regarding aluminum extrusions from 14 countries, in a Sept. 16 reply brief at the Court of International Trade. The coalition argued that the ITC properly supported its findings that the subject imports didn't have "significant price effects" nor did they have a "significant adverse impact on the domestic industry" (U.S. Aluminum Extruders Coalition v. United States, CIT Consol. # 24-00209).
The Commerce Department properly decided not to collapse an Italian antidumping duty respondent with its Romanian input supplier on the grounds that the input supplier isn't a "producer" of subject merchandise as defined by the AD statute, the Court of International Trade held on Sept. 15. Judge M. Miller Baker said Commerce's justification isn't impermissibly post hoc, despite the fact that it wasn't established during the challenged AD review, since the issue is "one of statutory construction."
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Antidumping duty respondent Jiangxi Brother Pharmaceutical on Sept. 11 filed a complaint at the Court of International Trade to contest the Commerce Department's antidumping duty investigation on vanillin from China. The respondent challenged Commerce's "calculation of the surrogate value for the by-product Hydroquinone," selection of the financial statements used as the basis for the financial ratios used in the surrogate value calculation, and the use of the Cohen's d test to detect "masked" dumping (Jiangxi Brother Pharmaceutical Co. v. United States, CIT # 25-00187).
The International Trade Commission provided "impermissible post hoc rationalizations" for its determination of a lack of adverse price effects on glass wine bottles from China, the U.S. Glass Producers Coalition argued in a Sept. 8 reply brief at the Court of International Trade. The coalition argued that the commission failed to "fully engage" with the petitioner's arguments regarding "contemporaneous business documentation and lost sales" and doubled down on its "illogical determinations as to price suppression and the effects of an inventory overhang in the market" (U.S. Glass Producers Coalition v. United States, CIT # 24-00199).
Exporter Zhejiang Dingli Machinery challenged the Commerce Department's decisions made on remand to use Maersk data to value ocean freight and value minor fabricated components using Harmonized Tariff Schedule subheading 8431.20.90 data. Filing a response to the agency's remand results in a case on the antidumping duty investigation on mobile access equipment from China, Dingli said the Maersk price quotes are unreliable and that the agency strayed from its normal practice in picking the data for subheading 8431.20.90 (Coalition of American Manufacturers of Mobile Access Equipment v. United States, CIT # 22-00152).
The U.S. defended Sept. 9 the Commerce Department’s flipped position, on a second remand, regarding the application of antidumping and countervailing duties to exporter Elysium Tiles’ composite tiles (Elysium Tiles v. United States, CIT # 23-00041).
The International Trade Commission and a petitioner each argued that the ITC hadn’t been required to consider the impact of the conflict in Gaza on its affirmative injury finding regarding Israeli brass rod (Government of Israel v. United States, CIT # 24-00197).
The Court of International Trade on Sept. 3 sustained the Commerce Department's application of its quarterly cost methodology to analyze exporter Officine Tecnosider's sales during the 2020-21 administrative review of the antidumping duty order on steel plate from Italy. Judge Claire Kelly said Commerce adequately explained its approach, which stemmed from difficulties using Tecnosider's U.S. sales to analyze correlations between sales and costs of production, and why it "produces reasonable and reliable results."
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