The Commerce Department properly saddled countervailing duty respondent Qingdao Ge Rui Da Rubber Co. (GRT) with adverse facts available related to its alleged use of China's Export Buyer's Credit Program, the Court of International Trade ruled in an Oct. 20 opinion. While Commerce and the trade court have rejected the use of AFA for this program where a respondent can submit verifications that their U.S. buyers didn't use the program, Judge Mark Barnett sustained AFA here since GRT failed to raise its claims against the use of AFA administratively.
The International Trade Commission failed to give Russian exporter PAO TMK a chance to comment on issues in the International Trade Commission's negligibility analysis as part of the injury proceeding on seamless pipe from South Korea, Russia and Ukraine, the Court of International Trade ruled. In an Oct. 12 opinion made public Oct. 20, Judge M. Miller Baker said TMK should be able to submit comments on the commission's sole reliance on questionnaire data from one unnamed company, "Company A," on goods from Germany and another unnamed company, "Company B," on goods from Mexico.
The U.S. asked for 17 more days to file its reply brief in the lead case at the U.S. Court of Appeals for the Federal Circuit on the Commerce Department's use of the Cohen's d test in its analysis of "masked" dumping in antidumping duty proceedings. The brief is currently due on Oct. 20 and the extension request, the second of its kind for the U.S. following a prior 45-day extension, would see the brief due Nov. 6 if granted. Exporter and appellant SeAH Steel Corp. told the government it objects to the motion (Stupp Corp. v. United States, Fed. Cir. # 23-1663).
The Commerce Department shouldn't have relied on adverse facts available in an antidumping duty review on tapered roller bearings from China when the respondent was fully cooperative, Chinese roller bearing exporter Shanghai Tainai Bearing said in an Oct. 19 reply at Court of International Trade. Tainai didn't dispute a gap in the record due to incomplete or nonexistent responses from its suppliers. However, the company objected to the use of adverse inferences because it says it complied to the best of its ability (Shanghai Tainai Bearing v. U.S., CIT # 23-00020).
The U.S. asked for an amended protective order in a case brought by Chinese printer cartridge maker Ninestar Corp. to challenge its placement on the Uyghur Forced Labor Prevention Act Entity List. The request comes on the heels of Ninestar's request for the Court of International Trade to compel production of the confidential information used in the Forced Labor Enforcement Task Force's review of Ninestar (see 2310180025) (Ninestar Corp. v. United States, CIT # 23-00182).
The Commerce Department incorrectly found solar panels imported from Cambodia, Malaysia, Thailand and Vietnam are circumventing the antidumping and countervailing duty orders on crystalline silicon photovoltaic cells from China, according to four separate complaints, all filed on Oct. 18 and all asking the Court of International Trade for remand.
The Court of International Trade in an Oct. 12 opinion made public Oct. 20 remanded parts and sustained parts of the International Trade Commission's injury determination on imports of seamless pipe from South Korea, Russia and Ukraine. Judge M. Miller Baker sent back the ITC's failure to give Russian exporter PAO TMK a chance to argue against its sole reliance on questionnaire data from one unnamed company as to German imports and data from another unnamed company as to Mexican imports. Baker also remanded the ITC's acceptance of "Company A's questionnaire" while rejecting "Company C's." The court sustained the commission's estimate of seamless pipe imports from Ukraine and refusal to determine what imports correspond to domestic like products.
The Court of International Trade on Oct. 20 granted Canadian exporter Midwest-CBK's motion to dismiss its case on whether its sales from a Canadian warehouse to U.S. customers are "sales for export to the U.S." or "domestic sales." Following a prior CIT ruling finding that the company's sales are for export to the U.S., the case shifted to a question of how to value the goods. Midwest-CBK said that obtaining evidence on this question is impossible given its business model, moving to dismiss the case to pursue its original argument at the U.S. Court of Appeals for the Federal Circuit.
The Court of International Trade in an Oct. 20 opinion sustained the Commerce Department's 2020 review of the countervailing duty order on truck and bus tires from China. Judge Mark Barnett said Commerce properly levied Qingdao Ge Rui Da Rubber Co. with an adverse facts available rate over its alleged use of China's Export Buyer's Credit Program. The court said that the exporter failed to raise a host of challenges to the use of AFA administratively, barring relief on its claims at CIT.
The following lawsuit was recently filed at the Court of International Trade: