The International Trade Administration’s determination not to apply Adverse Facts Available (AFA) to Plaintiff Tianjin Magnesium International Co., Ltd. (TMI) in the final results of its 2008-09 administrative review of the antidumping duty order on pure magnesium from China (A-570-832), despite knowledge that TMI had submitted falsified documentation to the ITA, was remanded to the ITA by the Court of International Trade for further proceedings. CIT agreed with Defendant-Intervenor U.S. Magnesium’s arguments, and said the ITA’s final results did not provide an adequate basis for its decision.
Brian Feito
Brian Feito is Managing Editor of International Trade Today, Export Compliance Daily and Trade Law Daily. A licensed customs broker who spent time at the Department of Commerce calculating antidumping and countervailing duties, Brian covers a wide range of subjects including customs and trade-facing product regulation, the courts, antidumping and countervailing duties and Mexico and the European Union. Brian is a graduate of the University of Florida and George Mason University. He joined the staff of Warren Communications News in 2012.
A report on detection and deterrence of evasion of antidumping and countervailing duties released by the Government Accountability Office May 17 said U.S. Customs and Border Protection efforts are hindered by a lack of information sharing and tracking. The report, entitled “Antidumping and Countervailing Duties: Management Enhancements Needed to Improve Efforts to Detect and Deter Duty Evasion,” examines (1) how CBP detects and deters AD/CV duty evasion; (2) factors that affect CBP’s efforts to detect and deter AD/CV duty evasion; and (3) the extent to which CBP tracks and reports on its efforts. GAO also recommended several actions CBP can take to more effectively address AD/CV duty evasion. ITT will provide a comprehensive summary of the report in a future issue.
Mexico's Diario Oficial of May 17, 2012, lists notices from the Secretary of the Economy as follows:
Ministers from Japan, China, and Korea agreed to launch negotiations for a free trade agreement between the three countries by the end of 2012 at the Ninth Japan-China-Korea Trilateral Economic & Trade Ministers' Meeting in Beijing on May 12, reports Japan’s Ministry of Economy, Trade, and Industry. To achieve this end, said the ministers in a joint statement, the three countries should immediately start preparation work including domestic procedures and working level consultations.
The Commodity Credit Corporation published a final rule amending the regulation used to administer the Market Access Program (MAP). CCC said the amendments address: application requirements and activity plan requirements with relation to the Unified Export Strategy (UES) system; the eligibility of activities designed to address international market access issues; the list of eligible and ineligible contributions; evaluations, contracting procedures, and the compliance review and appeals process; etc.
The Millennium Challenge Corporation published its Compact between the U.S. and Zambia, a five-year, $354.8 million agreement at reducing poverty through economic growth. MCC said the Compact addresses one of Zambia’s most binding constraints to economic growth through investment in the water sector, and its investments are designed to continue the Zambian Government’s sector reform efforts through institutional strengthening to improve the health and economic productivity of more than 1.2 million Lusaka residents and to help the country reduce poverty on a sustainable basis. MCC said the Compact has an economic rate of return of approximately 13.7 percent.
The President’s Export Council will hold an open meeting on June 6, 2012, at 9:30 a.m. to discuss topics and provide recommendations related to the National Export Initiative and export promotion. The meeting will be available via live webcast on the internet at http://whitehouse.gov/live. The public is invited to submit written statements to the President's Export Council by close of business on May 25.
The Animal and Plant Health Inspection Service issued emails May 16, 2012, announcing changes to some Plant Protection and Quarantine (PPQ) electronic manuals. While some changes are minor, other changes may affect the admissibility of the plant products, including fruits, vegetables, and flowers.
The International Trade Administration published notices in the May 17, 2012, Federal Register on the following AD/CV proceedings (any notices that announce changes to AD/CV duty rates, the scope, affected firms, or effective dates will be detailed in another ITT article):
The International Trade Commission is publishing notices in the May 17, 2012, Federal Register on the following AD/CV injury, Section 337 patent, and other trade proceedings (any notices that warrant a more detailed summary will appear in another ITT article):