U.S. importer CME Acquisitions argued that the U.S. Court of Appeals for the Federal Circuit's recent decision in PrimeSource Building Products v. U.S. didn't overrule the appellate court's decision in Yangzhou Bestpak Gifts & Crafts Co. v. U.S. regarding how the Commerce Department sets the non-selected respondents' antidumping duty rate (CME Acquisitions v. United States, CIT # 24-00032).
Court of Federal Appeals Trade activity
After a four-times-remanded case from 2017 reached a conclusion in the Court of International Trade and went to appeal at the U.S. Court of Appeals for the Federal Circuit, the U.S. and a petitioner filed opening briefs Aug. 16 defending the trade court's final decision (AG Der Dillinger Huttenwerke v. U.S., Fed. Cir. # 24-1498).
The U.S. Court of Appeals for the Federal Circuit on Aug. 20 deconsolidated two appeals on the countervailing duty investigation on Russian phosphate fertilizers, dismissing one brought by exporters Phosagro PJSC and JSC Apatit for failure to prosecute. Exporter Industrial Group Phosphorite brought the other appeal, claiming that the Commerce Department contradicted the countervailing duty statute in finding that the Russian government's provision of natural gas was de facto specific (see 2408080058) (The Mosaic Co. v. United States, Fed. Cir. #'s 24-1593, -1595).
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The Court of International Trade on Aug. 19 sustained the Commerce Department's decision not to amend the antidumping duty order on softwood lumber from Canada to revoke the order as to exporter Resolute FP Canada in the sunset review of the order.
The U.S. Court of Appeals for the Federal Circuit on Aug. 15 sustained the Commerce Department's use of adverse facts available against exporter Unicatch Industrial Co. for failing to submit adequate cost reconciliation information in the 2015-16 review of the antidumping duty order on steel nails from Taiwan.
The U.S. Court of Appeals for the Federal Circuit on Aug. 15 sustained the Commerce Department's use of adverse facts available against respondent Unicatch Industrial Co. in the 2015-16 review of the antidumping duty order on steel nails from Taiwan. Judges Alan Lourie, Timothy Dyk and Kara Stoll said Unicatch failed to act to the best of its ability in submitting cost reconciliation information. The court also said the 78.17% petition rate was realistic as the AFA rate since two sales from Pro-Team Coil Nail Enterprise, the other respondent, exceeded this rate. Lastly, the court said Commerce properly used the expected method in setting the average rate for non-reviewed respondents at 35.3%.
Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The U.S. Court of Appeals for the Federal Circuit in an Aug. 13 opinion again affirmed the president's ability to make trade-restrictive modifications to Section 201 safeguard tariffs. Judges Alan Lourie, Richard Taranto and Leonard Stark partially granted a group of solar cell exporters' motion for panel rehearing of its 2023 decision, which came to the same conclusion, so that the court could conduct a de novo review of the applicable statute, instead of reviewing whether the president's interpretation of the law was a "clear misconstruction" of the statute.
An exporter and a petitioner each filed an opposition to the Commerce Department’s final results upon remand for an antidumping duty review on Indian-origin steel pipe, in which the department provided a strong defense of adverse facts available as a tool to combat the problem of noncooperative unaffiliated suppliers (see 2407100037) (Garg Tube Export v. U.S., CIT # 21-00169).