The Commerce Department and the International Trade Commission published the following Federal Register notices Nov. 18 on AD/CVD proceedings:
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In another new injury determination on remand, the International Trade Commission again “either ignores or glosses over” rainy conditions during the investigation period and evidence that domestic phosphate fertilizer producers refused to sell to certain U.S. customers, telling customers to import the product instead, exporters led by Eurochem and Phosagro said on Nov. 7 (OCP S.A. v. United States, CIT Consol. # 21-00219).
The U.S. Court of Appeals for the Federal Circuit held oral argument on Nov. 4 in a pair of cases on the International Trade Commission's treatment of business proprietary information in injury proceedings. Judges Timothy Dyk, Richard Taranto and Raymond Chen pressed Courtney McNamara, counsel for the ITC, on the commission's policy of treating questionnaire submissions as confidential; on the Court of International Trade's separate authority to publicize information deemed confidential by the ITC; and on whether notice should be provided to the commission prior to the trade court's exercise of that authority (In Re United States, Fed. Cir. #s 24-1566, 25-127).
The U.S. filed a notice of supplemental authority at the Court of International Trade in a case on an antidumping and countervailing duty injury proceeding in light of the U.S. Court of Appeals for the Federal Circuit's decision in Sweet Harvest Foods v. U.S. (NURA USA v. United States, CIT Consol. # 24-00182).
Fertilizer exporter OCP on Oct. 27 challenged the International Trade Commission's second remand determination that the U.S. industry is materially injured by phosphate fertilizers from Morocco and Russia, arguing that the ITC relied on the "same facts and reasoning" rejected by the Court of International Trade in its previous decision (OCP S.A. v. United States, CIT Consol. # 21-00219).
Aluminum printing plate producer Eastman Kodak agreed with the International Trade Commission that exporter Fujifilm’s U.S.-produced products had been injured by Fujifilm's imports (see 2510240049) (Fujifilm North America Corp. v. United States, CIT # 24-00251).
An exporter that has domestic production facilities can be injured by its own imports, the International Trade Commission argued in an Oct. 20 response brief to aluminum plate manufacturer Fujifilm Corp. (Fujifilm North America Corp. v. United States, CIT # 24-00251).
Mexican steel wire exporter Deacero argued again Oct. 20 that the Commerce Department shouldn't treat circumvention inquiries involving third-country processing the same as those involving U.S. processing (Deacero v. United States, CIT # 24-00212).
The International Trade Commission "largely ignored the market conditions" and failed to give meaning to the term "significant" when assessing the volume of imports of oil country tubular goods from Argentina, Mexico, Russia and South Korea, importers led by Tenaris Bay City said in their opening brief at the U.S. Court of Appeals for the Federal Circuit (Tenaris Bay City v. United States, Fed. Cir. # 25-2034).