Antidumping duty petitioner Coalition for Fair Trade in Hardwood Plywood will appeal an October Court of International Trade decision sustaining the Commerce Department's fifth remand results in the AD investigation on hardwood plywood products from China. The court upheld Commerce'se separate rate calculation along with its decisions to exclude Jiangyang Wood and Dehua TB from the AD order, and to include Sanfortune Wood and Longyuan Wood within the order (see 2310100045). As stated in the notice of appeal, the coalition will take the case to the U.S. Court of Appeals for the Federal Circuit (Linyi Chengen Import and Export Co. v. United States, CIT Consol. # 18-00002).
A South Korean steel export company told the Court of International Trade that government intervention before and during its sale to new owners didn't constitute continuing government subsidies, saying the acquisition was still made at fair market value (KG Dongbu Steel v. U.S., CIT # 23-00055).
A Chinese automobile accessories exporter sought summary judgment at the Court of International Trade on Dec. 7 in its case contesting CBP's imposition of 25% Section 301 tariffs on its products (Keystone Automotive Operations v. U.S., CIT # 21-00215).
The Commerce Department stuck by its decision to apply to countervailing duty respondent The Ancientree Cabinet Co. adverse facts available related to its alleged receipt of benefits under China's Export Buyer's Credit Program. In Dec. 6 remand results to the Court of International Trade, Commerce said it tried to verify Ancientree's submissions regarding its customers' non-use of the EBCP but was unable to verify key information regarding non-use, leading to the continued AFA rate for the exporter (Dalian Meisen Woodworking Co. v. United States, CIT # 20-00110).
The Court of International Trade in a Dec. 8 opinion remanded the Commerce Department's 2018-19 antidumping review of stainless steel flanges from India. Judge Timothy Stanceu found fault with Commerce's selection of only one individual respondent in the review, which led to the non-individually examined exporters receiving the lone respondent's 145.25% adverse facts available rate. Stanceu added that these companies were also assessed the AFA rate rate in violation of the statute's "reasonable method" requirement.
More than 50 agriculture interests, led by the National Corn Growers Association, asked the International Trade Commission to reconsider the impact of weather in 2019 when examining the phosphate purchases and import patterns of farmers, as the Court of International Trade instructed it to (see 2309190060). Flooding along the Mississippi River led to shipment problems for fertilizer, as well as fields that couldn't be planted.
The following lawsuits were recently filed at the Court of International Trade:
A Chinese brick exporter alleged Dec. 4 at the Court of International Trade that the Commerce Department is illegally expanding the scope of its antidumping and countervailing duty orders on Chinese-imported magnesia carbon bricks (Fedmet Resources v. U.S., CIT # 23-00117).
The Commerce Department's finding that calcium glycinate is outside the scope of the antidumping and countervailing duty orders on glycine from India, Japan, Thailand and China was not backed by substantial evidence, AD/CVD petitioner GEO Specialty Chemicals argued in a Dec. 7 complaint at the Court of International Trade (GEO Specialty Chemicals v. United States, CIT # 23-00238).
In court Dec. 5, U.S. Court of Appeals for the Federal Circuit judges showed significant skepticism about a domestic steel manufacturers’ claim that a foreign steel exporter illegally paid an importer’s antidumping duties (U.S. Steel v. U.S., # 22-2078).