The Court of International Trade on Sept. 20 upheld the Commerce Department's decision on remand to include importer SMA Surface's Twilight product within the scope of the antidumping and countervailing duty orders on quartz surface products from China. Judge Gary Katzmann said that SMA Surfaces waived its challenge to the remand, which said the product doesn't qualify for the crushed glass surface product exclusion, by failing to present developed arguments in response to the remand decision.
Country of origin cases
The International Trade Commission failed to support its "central" underselling analysis as part of the injury investigation on phosphate fertilizers from Morocco and Russia, the Court of International Trade ruled in a Sept. 19 opinion. Judge Stephen Vaden said that since the commission's underselling theory "undergirds" the remaining statutory considerations in the proceeding -- volume, price and impact -- the ITC must revisit its findings on these factors as well should it continue to find that the imports were undersold. The underselling theory "contaminat[ed]" these remaining findings, the opinion said.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
CBP determined there is substantial evidence that LTT International Trading Co. evaded antidumping and countervailing duty orders on quartz surface products from China (A-570-084/C-570-085). CBP said transshipped the covered merchandise through Taiwan and declared that the entries of Chinese-origin quartz surface products were of Taiwan origin, CBP said in its Sept. 12 evasion notice. LTT repeatedly missed opportunities to potentially disprove the allegation and to rebut the evidence on the record, CBP said.
CBP commenced a formal Enforce and Protect Act investigation on whether Midwest Livestock Systems evaded antidumping and countervailing duty orders by entering Chinese-origin steel grating (A-570-947/C-570-948) in the form of “tri-bar flooring” that was not declared as covered merchandise into the U.S. Based on available information, CBP determined that there was reasonable suspicion of evasion by Midwest and imposed interim measures.
The Commerce Department made several errors in its handling of the resumption of an antidumping duty investigation on tomatoes from Mexico after the termination of a suspension agreement, Mexican tomato exporter Bioparques de Occidente said in a Sept. 13 reply brief at the Court of International Trade (Bioparques de Occidente v. U.S., CIT # 19-00204).
Groups of exporters and importers filed complaints in 19 separate cases this week challenging the Commerce Department's anti-circumvention inquiry concerning the antidumping and countervailing duty orders on hardwood plywood products from China covering exports from Vietnam.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Commerce Department's constructed value profit and selling expenses calculation for the 2019-2020 antidumping duty administrative review on oil country tubular goods from South Korea remains unsupported by substantial evidence after a remand, South Korean exporter Hyundai Steel said in its Sept. 12 comments to the Court of International Trade. Hyundai partially opposed the remand results despite the department's lowering of Hyundai's dumping margin, from 19.54% to 9.63% (see 2308160065) (Hyundai Steel Co. v. U.S., CIT # 22-00138).
The International Trade Commission's decision to find that freight rail couplers from China and Mexico injured the domestic industry was not backed by substantial evidence, given its finding in a separate, previously conducted investigation that the couplers just from China did not injure the U.S. industry, importer Wabtec Corp. argued in a Sept. 13 complaint at the Court of International Trade (Wabtec Corp. v. U.S., CIT # 23-00157).