Exporter Tau-Ken Temir waived its arguments against the Commerce Department's decision to grant the company's first two extension requests in part and reject the third request, the U.S. argued in a reply brief at the U.S. Court of Appeals for the Federal Circuit. The government said that because TKT did not raise the issues either at Commerce or at the Court of International Trade in its case on the countervailing duty investigation on silicon metal from Kazakhstan, the appellate court need not address the claims (Tau-Ken Temir v. U.S., Fed. Cir. # 22-2204).
The Commerce Department's use of an adverse inference against exporter Yama Ribbons and Bows Co. for its supposed benefit from China's Export Buyer's Credit Program was "critically flawed," the Court of International Trade ruled on Aug. 25. Judge Timothy Stanceu, remanding the 2018 review of the countervailing duty order on woven ribbon from China, said that Commerce based its use of adverse facts available on "missing" information from the Chinese government that the agency never actually requested. The judge added that submissions from the Chinese state, along with Yama itself, stand as enough to refute any finding that the exporter benefitted from the EBCP.
The Commerce Department in an antidumping proceeding correctly used a bona fide sale analysis of a single sale of wooden cabinets by importer Dalian Hualing Wood (Hualing) from a linked investigation, DOJ argued in an Aug. 24 response at the Court of International Trade. The brief came in reply to a June motion for judgment, in which Hualing argued that Commerce illegally made separate determinations in linked antidumping and countervailing duty reviews (see 2306260033) (Dalian Hualing Wood Co. v. U.S., CIT # 22-00334).
CBP's Office of Regulations & Rulings correctly overturned the Trade Remedy & Law Enforcement Directorate's (TRLED) evasion finding against Dominican company Kingtom Aluminio in an Enforce and Protect Act administrative review, Kingtom said in an Aug. 23 brief at the Court of International Trade. Kingtom is intervening in a suit by the Aluminum Extrusions Fair Trade Committee (AEFTC), which seeks to overturn CBP's final determination of no evasion (Aluminum Extrusions Fair Trade Committee v. U.S., CIT # 22-00236).
The Commerce Department revised its surrogate manufacturing overhead ratio and its surrogate hourly labor rate on remand at the Court of International Trade as part of a suit on the 2017-18 review of the antidumping duty order on multilayered wood flooring from China. Per the remand results, submitted on Aug. 24, Commerce raised the dumping rate for respondent Fusong Jinglong Wooden Group Co. from zero to 2.05%, while keeping the 0% rate for Jiangsu Guyu International Trading Co. The rate for the non-individually examined companies also rose to 2.05% (American Manufacturers of Multilayered Wood Flooring v. United States, CIT # 20-03948).
The Court of International Trade in an Aug. 25 opinion sent back the Commerce Department's 2018 review of the countervailing duty order on woven ribbons from China. Judge Timothy Stanceu said the agency did not support its use of adverse facts available against exporter Yama Ribbons and Bows Co.'s alleged use of the Export Buyer's Credit Program. The judge ruled that Commerce's use of AFA was "critically flawed" since it was based on "missing" information the agency never requested from the Chinese government, adding information from the Chinese state and Yama is sufficient to refute any finding that Yama could have benefited from the program. Stanceu also remanded Commerce's finding that Yama benefited from the provision of synthetic yarn and caustic soda for less than adequate remuneration, per the agency's request, since Commerce forgot to add the document it based its finding on to the record.
The Commerce Department didn't properly select Brazil as the primary surrogate nation in an antidumping review while also using Malaysian data for respondent Senmao's log inputs, the Court of International Trade ruled in an Aug. 24 opinion. Judge Jennifer Choe-Groves said that in the 2019-20 AD review of multilayered wood flooring from China, Commerce failed to point to any record evidence it used in ditching Brazil's data for Malaysia's.
No lawsuits were recently filed at the Court of International Trade.
CBP's attempts to collect a 14-year-old bond for antidumping duties on Chinese garlic may be affected by the Court of International Trade's ruling in a similar case, defendant Aegis Security said in a notice of supplemental authority. CIT Judge Richard Eaton ruled on Aug. 22 that the statute of limitations for CBP to collect on customs bonds runs six years from the date of the underlying liquidation rather than from the date that CBP demanded payment (see 2308220054). Though Aegis notes that CIT judges are not bound by the decisions of other judges on the court, the company has been arguing for a similar result (see 2210270054).
Exporter Tenaris Bay City's "only hope" in its case against the International Trade Commission's injury finding for oil country tubular goods from Argentina and Mexico is for the Court of International Trade to "reweigh the evidence," though this is barred by the "statutory standard of review," petitioners led by U.S. Steel Corp. argued. Replying to Tenaris' motion for judgment, the petitioners said that "[e]xtensive evidence confirmed that subject imports materially injured the domestic industry," and that the ITC permissibly cumulated imports from Russia in the analysis (Tenaris Bay City v. United States, CIT Consol. # 22-00344).