The Commerce Department added another respondent to the 2016-17 review of the antidumping duty order on passenger vehicle and light truck tires from China after the U.S. Court of Appeals for the Federal Circuit said the agency couldn't limit the review to one mandatory respondent. Tapping exporter Kenda Rubber (China) Co. in its remand results, Commerce calculated an 18.15% dumping margin for the exporter, also leading to a recalculation of the separate AD rate, which now sits at 41.36%, down from 64.57%. The China-wide rate held steady at 87.99% (YC Rubber Co. (North America) v. United States, CIT # 19-000069).
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade in a Nov. 2 order granted petitioner Sierra Pacific Industries' notice of dismissal in a case involving the final results of the 2021 administrative review of the antidumping duty order on softwood lumber products from Canada. The case was filed in October and dismissed before a complaint was filed (Sierra Pacific Industries v. United States, CIT # 23-00207).
The U.S. Court of Appeals for the Federal Circuit in a text-only order granted a motion to extend time to file an opening brief from exporters Double Coin Holdings and China Manufacturers Alliance in a case involving a review of the antidumping duty order on off-the-road tires from China. The exporters now have until Nov. 28 to file the opening brief in a case whin ich the Court of International Trade upheld the Commerce Department's decision to assign Double Coin the 105.31% China-wide dumping rate due to the company's failure to rebut the presumption of Chinese state control over its export activities (see 2307200020) (China Manufacturers Alliance v. United States, Fed. Cir. # 23-2391).
The Court of International Trade stayed a customs case concerning importer Cambridge Isotope Laboratories' enriched ammonium sulfate isotope until Dec. 11, given that Cambridge is consulting with the relevant antidumping and countervailing duty petitioners for a "partial revocation of the AD/CVD Orders on Ammonium Sulfide from China." Cambridge filed suit to contest CBP's assessment of the AD/CVD on the imports (see 2308300052) (Cambridge Isotope Laboratories v. United States, CIT # 23-00080).
The Commerce Department correctly found that lemon juice exporter Louis Dreyfus Co. (LDC) was not affiliated with its unnamed primary fresh lemon supplier and correctly applied a de minimis rate to LDC, DOJ said in its Nov. 1 reply brief at the Court of International Trade. The brief responded to antidumping duty petitioner Ventura's August motion for judgment (see 2308040029) (Ventura Coastal v. U.S., CIT # 23-00009).
Two importers took to the Court of International Trade to challenge the Commerce Department's final determination that Chinese-origin unfinished pipe fittings that undergo final processing in Vietnam are under the scope of the antidumping duty order on carbon steel butt-weld pipe fittings from China. The companies, International Piping & Procurement Group and Norca Industrial Co., said in a pair of complaints that Commerce's analysis, which found that the goods were not substantially transformed in Vietnam, was "flawed" and ignored key evidence (International Piping & Procurement Group v. United States, CIT # 23-00232) (Norca Industrial Co. v. United States, CIT # 23-00231).
The U.S. asked the Court of International Trade for a voluntary remand in an Enforce and Protect Act case to consider the U.S. Court of Appeals for the Federal Circuit's key decision in Royal Brush Manufacturing v. U.S. In that decision, the appellate court said that CBP violated an EAPA respondent's due process rights by not providing it access to the confidential business information in the case (see 2307270038) (Phoenix Metal Co. v. United States, CIT # 23-00048).
The Commerce Department correctly stuck by its benchmark picks for the land program and the aluminum plate, sheet and strip program in a lawsuit on the 2016-17 administrative review of the countervailing duty order on aluminum foil from China, DOJ said in its Oct. 31 remand comments at the Court of International Trade (Jiangsu Zhongji Lamination Materials Co. v. U.S., CIT # 21-00133).
The Commerce Department's use of the differential pricing methodology, including the Cohen's d test, failed to adhere to basic statistical assumptions, Canadian lumber exporter Resolute FP Canada said in its Oct. 30 complaint at the Court of International Trade. Resolute asked the court to remand Commerce's calculation of a 6.26% rate for non-selected companies in its 2021 administrative review of the antidumping duty order on certain softwood lumber products from Canada to the agency for reconsideration (Resolute FP Canada v. U.S., CIT # 23-00206)