A listing of recent Commerce Department antidumping and countervailing duty messages posted to CBP's website June 8, along with the case number(s) and CBP message number, is provided below. The messages are available by searching for the listed CBP message number at CBP's ADCVD Search page.
A bipartisan group of House members and Senators have reintroduced a wide-ranging bill to change antidumping and countervailing duty laws, after the bill failed to advance last year.
The Commerce Department correctly followed a Court of International Trade remand order when it declined to use a mistakenly chosen respondent's individually calculated rate in its calculation of the non-selected respondents rate, instead basing the non-selected rate on the individual rate for a single mandatory respondent, DOJ said in its May 31 remand comments at the Court of International Trade (Jiangsu Senmao Bamboo and Wood Industry v. U.S., CIT # 20-03885).
The Commerce Department correctly determined that Korean exporter SeAH Steel failed to cooperate fully in a countervailing duty investigation on oil country tubular goods from Korea because SeAH waited until verification to provide information that should have been submitted in response to an initial questionnaire, a group of defendant-intervenors led by Borusan Mannesmann Pipe said in their May 30 response brief. Because SeAH failed to act to the best of its ability, Commerce's application of adverse facts available was warranted, Borusan said (SeAH Steel v. U.S., CIT # 22-00338).
The Commerce Department asked the Court of International Trade for a voluntary remand in a countervailing duty case to reconsider its use of an adverse inference against exporter JA Solar Technology Yangzhou Co. related to its alleged use of China's Export Buyer's Credit Program since the agency "refined its practice." In its opposition to JA Solar's and Risen Energy Co.'s motion for judgment in a case on an administrative review on solar cells from China, the U.S. said it altered its handling of verifying non-use of the EBCP to only require non-use certifications from all U.S. importers and not all downstream U.S. customers (Risen Energy Co. v. United States, CIT # 22-00231).
The Commerce Department announced the opportunity to request administrative reviews by June 30 for producers and exporters subject to 38 antidumping duty orders and eight countervailing duty orders with June anniversary dates.
The Commerce Department has released the final results of its countervailing duty administrative review on steel concrete reinforcing bar from Turkey (C-489-819). The agency calculated new CVD cash deposit rates for three Turkish companies. It determined that 21 other companies subject to the review had no shipments during the review period, and rescinded the administrative review of those companies. These final results will be used to set final assessments of CVD on importers for entries in calendar year 2020.
The Court of International Trade should not have dismissed a case involving Commerce's cash deposit instructions to CBP after the 2019 administrative review of the antidumping duty order on softwood lumber products from Canada for lack of jurisdiction, J.D. Irving said in its May 22 brief at the U.S. Court of Appeals for the Federal Circuit (J.D. Irving Ltd. v. U.S., Fed. Cir. # 2023-1652).
The Commerce Department issued notices in the Federal Register on its recently initiated antidumping and countervailing duty investigations on nonrefillable steel cylinders from India (A-533-912/C-533-913). The AD investigation covers entries April 1, 2022, through March 31, 2023, and the CVD investigation covers entries Jan. 1 through Dec. 31, 2022.
The Commerce Department issued notices in the Federal Register on its recently initiated antidumping duty investigations on brass rod from Brazil, India, Israel, Mexico, South Korea and South Africa (A-351-859, A-533-915, A-508-814, A-201-858, A-580-916, A-791-828), and its countervailing duty investigations on brass rod from India, Israel and South Korea (C-533-916, C-508-815, C-580-917). The CVD investigation covers entries for the calendar year 2022. The AD investigations cover entries April 1, 2022, through March 31, 3023.