The Commerce Department has the right to select a single mandatory respondent in antidumping proceedings, the Department of Justice said in a June 21 response brief in the U.S. Court of Appeals for the Federal Circuit. YC Rubber, Sutong and ITG Voma are appealing their unsuccessful Court of International Trade challenge of the second administrative review of the antidumping duty order on passenger vehicle and light truck tires from China. In its brief, DOJ says that Commerce is not required by law to examine more than one company individually (YC Rubber Co. (North America) et al. v. United States, Federal Circuit #21-1489).
The Commerce Department's recent interpretation of the finished merchandise exemption to antidumping and countervailing duty orders on aluminum extrusions from China led to the "same absurd results" the agency originally wanted to avoid in its previous "subassemblies test" interpretation, importer WKW North America argued in a June 21 brief in support of its motion for judgment at the Court of International Trade. WKW contests a scope ruling from Commerce that found that the importer's automotive waist finishers, belt moldings and outer waist belts are within the scope of the AD/CVD orders because subassemblies can't qualify for the exemption (WKW North America, LLC v. United States, CIT #21-00072).
Target's complaint filed in the Court of International Trade challenging the court's ability to order the reliquidation of imports past 90 days after their initial liquidation by CBP “masquerades as a motion” for CIT to relitigate this issue, the Department of Justice said in a June 22 motion to dismiss the case. The court's decision in the underlying case, Home Products International Inc. v. United States, already addressed Target's complaint, so the case should be dismissed for failure to state a claim, DOJ said.
The following lawsuits were recently filed at the Court of International Trade:
Steel exporter Borusan Mannesmann Boru Sanayi ve Ticaret will appeal a June 16 Court of International Trade decision to the U.S. Court of Appeals for the Federal Circuit, according to a June 21 notice of appeal. In the decision, Judge Jane Restani sustained the Commerce Department's remand results in an antidumping administrative review of circular welded carbon steel standard pipe and tube products from Turkey. The remand results dropped any adjustments made to the sales-below-cost test relating to a particular market situation (see 2106170026). Restani said that PMS adjustments are only allowed when calculating normal value based on constructed value, as opposed to normal value based on home market sales (Borusan Mannesmann Boru Sanayi ve Ticaret A.S. et al. v. United States, CIT #20-00015).
The Commerce Department says total adverse facts available is not warranted in an antidumping duty investigation on silicon metal from Malaysia since mandatory respondent PMB Silicon did not actively withhold information, the agency said in a June 16 memorandum issued alongside its final affirmative determination in the investigation.
The following lawsuits were recently filed at the Court of International Trade:
Two steel importers, voestalpine USA and Bilstein Cold Rolled Steel, want refunds for Section 232 steel and aluminum duties paid on imports of alloy steel since the Commerce Department's Bureau of Industry and Security published a Section 232 exclusion with the wrong Harmonized Tariff Schedule code, they said in a June 18 complaint filed at the Court of International Trade. Voestalpine and Bilstein say the HTS error was only remedied after the imports had been liquidated and that no protest option was available to apply the exclusions after liquidation (voestalpine USA LLC et al. v. United States, CIT #21-00290).
The Commerce Department's denial of third country sales data for evasion of antidumping duties in establishing normal value in an antidumping duty case lacks proper evidence, shrimp exporter Z.A. Sea Foods Private Limited said in a brief filed June 18 with the Court of International Trade. ZASF said that there was no evidence in the record to back Commerce's reliance on CBP's determination in an Enforce and Protect Act investigation that ZASF's shrimp imports from Vietnam evaded antidumping duties from India (Z.A. Sea Foods Private Limited et al v. United States, CIT #21-00031).
The following lawsuits were recently filed at the Court of International Trade: