The Federal Register notice announcing an antidumping duty investigation on walk-behind lawn mowers was sufficient notification to a Chinese exporter, and Commerce’s failure to otherwise notify the exporter of the investigation did not violate the exporter’s due process rights, the agency said in an issues and decision memorandum issued May 14 alongside its final determination in the investigation.
Exports to China
The Court of International Trade remanded an antidumping case on off-the-road tires from China for a second time, ruling that the Commerce Department failed to provide substantial evidence in determining that two respondents were under de facto government control and not warranting of an individual AD rate. Commerce had determined the Chinese government controlled export functions for Aeolus Tyre and Guizho Tyre Co. (GTC). Judge Timothy Stanceu disagreed in a May 14 opinion. The first remand was in 2019.
The State Department’s recent $13 million penalty against Honeywell International highlighted the importance of company employees closely following internal compliance procedures and treading carefully when dealing with China, law firms said. It also showed that the State Department is committed to targeting weaker compliance programs but will impose lenient penalties if violations are self-disclosed, the firms said. Honeywell signed a settlement agreement with the agency earlier this month after it illegally sent drawings of export-controlled parts for military-related items to potential customers in several countries, including China (see 2105040018).
The Court of International Trade remanded for a second time an antidumping case on certain off-the-road tires from China, ruling that the Commerce Department failed to provide enough evidence that two respondents were under de facto government control and not warranting of an individual AD rate. Commerce had found in an administrative review that the Chinese government controlled export functions for exporters Aeolus Tyre and Guizhou Tyre Co., assigning them a 105.31% rate as part of the China-wide entity.
The Court of International Trade remanded an antidumping case to the Commerce Department, finding that the agency's determination that wood flooring importer Jilin Forest Industry Jinqiao Flooring Group Co. was de facto controlled by the Chinese government lacked substantial evidence. Judge Richard Eaton, in the April 29 opinion, also found that Commerce's application of its non-market economy policy to Jilin did not clear the proper evidentiary standard, launching into an elongated discussion of the policy's original intent.
The Justice Department hasn’t yet begun prosecuting cases involving violations of the Commerce’s Department's newly issued end-user restrictions but expects that to soon become a significant part of the agency’s focus, a senior Department of Justice official said.