The Court of International Trade remanded the Commerce Department's final results in the administrative review of the antidumping duty order on hot-rolled steel flat products from Australia covering entries in 2016-2017, in a Nov. 30 confidential opinion. The case, filed by mandatory respondent BlueScope Steel Ltd., challenged the final results for hitting BlueScope with adverse facts available. The seven-count action alleged, among other things, that Commerce's decision to apply AFA based on the fact that BlueScope withheld requested information is contradicted by record evidence. In a letter submitted to the litigants, Judge Richard Eaton said he wants bracketed information reviewed by Dec. 7 (BlueScope Steel Ltd., et al. v. United States, CIT #19-00057).
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The Commerce Department is beginning an investigation based on a petition that initially redacted the name of one of the companies that filed it, though the petitioners have since publicly disclosed the company’s name in an amended petition. The identities of several employees of the petitioners in the complaint, however, remain confidential.
The following lawsuits were recently filed at the Court of International Trade:
The following lawsuits were filed at the Court of International Trade during the week of Nov. 22-28:
Surety company American Home Assurance Company wants a stay in its case, brought by the U.S., in which the government is seeking to collect antidumping duties on entries of canned mushrooms from China brought in between 2000 and 2001, according to its Nov. 26 motion at the Court of International Trade. Filed without consent from the Department of Justice, AHAC wants all proceedings halted in the lawsuit until the court renders a judgment in a similar case, United States v. Aegis Security Insurance Company, currently pending before Judge Stephen Vaden (United States v. American Home Assurance Company, CIT #20-00175).
The Commerce Department erred by including both research and development expenses for non-subject goods and "compensation for payment" expenses for non-subject merchandise in the general and administrative (G&A) expense calculation during an antidumping duty review, exporter Nagase and Co. said in a Nov. 24 complaint. Filing its case at the Court of International Trade, Nagase also pushed back against the Commerce Department's calculation of the assessment rate (Nagase & Co., Ltd. v. United States, CIT #21-00574).
Since a steel importer's and purchaser's bid to reliquidate two entries subject to Section 232 steel and aluminum tariffs is virtually identical to its already dismissed action seeking the same thing, it should be dismissed, the Department of Justice argued in a Nov. 24 brief at the Court of International Trade. The new case, brought by the importer, Voestalpine USA, and the purchaser, Bilstein Cold Rolled Steel, which challenges the Commerce Department's Section 232 exclusion, is "legally indistinguishable" from its prior case, and, as such, is moot, the U.S. said (Voestalpine USA Corp., et al. v. United States, CIT #21-00290).
The following lawsuits were recently filed at the Court of International Trade:
Three defendant-appellants of an antidumping case -- Atlas Tube, Searing Industries and Nucor Tubular Products -- filed a reply brief at the U.S. Court of Appeals for the Federal Circuit on Nov. 22 to defend the Commerce Department's particular market situation adjustment in the sales-below-cost test when calculating normal value (Dong-A Steel Company, et al. v. United States, Fed. Cir. #21-2153).