Turkish exporter Eregli Demir ve Celik Fabrikalari (Erdemir) filed a trio of opening briefs in its three concurrent appeals at the U.S. Court of Appeals for the Federal Circuit, all of which are seeking to account for the exclusion of exporter Colakoglu from the antidumping duty order on hot-rolled steel from Turkey in the International Trade Commission's five-year sunset review of the order.
A plaintiff and defendant-intervenor provided lukewarm responses to the Commerce Department’s new results on remand for its antidumping duty review on granular polytetrafluorethylene resin from India (see 2407120016), each supporting it in part (Daikin America v. United States, CIT # 22-00122).
Responding to tapered roller bearing exporters’ August motion for judgment that cited Loper Bright to challenge the Commerce Department’s use of Cohen’s d test in administrative reviews, the U.S. said Nov. 14 that the department still exercises significant discretion in antidumping and countervailing duty matters (Shanghai Tainai Bearing Co. v. United States, CIT # 24-00025).
The Customs Rulings Online Search System (CROSS) was updated between Nov. 6 and Nov. 18 with the following headquarters ruling (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
In support of the results after remand of an antidumping duty review on welded carbon-quality steel from the United Arab Emirates (see 2409240022), defendant-intervenors said the Commerce Department’s use of inter-quarter comparisons in a differential pricing analysis but same-quarter comparisons in a margin calculation was reasonable because the contexts are different (Universal Tube and Plastic Industries v. U.S., CIT # 23-00113).
Raising many of the same arguments seen in similar cases (see 2407010059 and 2407030064), a Thai solar panel exporter said Nov. 15 that the U.S. was “misstating” findings and contradicting itself in its own analysis when it found that solar panel importers were circumventing antidumping and countervailing duties on solar panels from China based on only one factor in the usual country-of-origin analysis (Trina Solar Science & Technology v. U.S., CIT # 23-00227).
The Court of International Trade defined the term "partners" under the statute regarding affiliation analyses in antidumping duty cases as "a for profit cooperative endeavor in which parties share in risk and reward."
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Deficiency notices are only required when the Commerce Department has decided to reject a submission and apply adverse facts available, the government said in oral argument in a case regarding the department’s alleged erroneous failure to apply a constructed export price (CEP) offset to two South Korean steel manufacturers (Wheatland Tube v. U.S., CIT # 22-00160).
U.S. Court of Appeals for the Federal Circuit Judges Kimberly Moore and Richard Taranto probed claims from both exporter Oman Fasteners and the U.S. during oral argument in a suit on the Commerce Department's selection of a surrogate financial statement in an administrative review of an antidumping duty order on steel nails from Oman (Mid Continent Steel & Wire v. United States, Fed. Cir. # 23-1039).