The Commerce Department issued notices in the Federal Register on its recently initiated antidumping duty investigations on tin mill products from Canada, China, Germany, the Netherlands, South Korea, Taiwan, Turkey and the U.K. (A-122-869, A-570-150, A-428-851, A-580-915, A-421-816, A-583-870, A-489-848, A-412- 827), and its countervailing duty investigation on tin mill products from China (C-570-151). The CVD investigation covers entries for the calendar year 2022. The AD investigations on Canada, Germany, Netherlands, South Korea, Taiwan, Turkey and the U.K. cover the period Jan. 1, 2022, through Dec. 31, 2022, and the AD investigation on China covers entries July 1, 2022, through Dec. 31, 2022.
The Commerce Department must reconsider its benefit determination on the South Korean government's provision of port usage rights to countervailing duty respondent Hyundai Steel Co., the Court of International Trade held in a Feb. 10 opinion. Judge Jennifer Choe-Groves said that Commerce failed to consider information relating to prevailing market conditions, such as price, quality and other conditions of the purchase or sale, when deciding whether a benefit was conferred. Choe-Groves also granted Commerce's voluntary remand request on sewerage usage fees after it said it learned more about the program.
The Court of International Trade in a Feb. 10 opinion sent back the Commerce Department's final results in the 2018 administrative review of the countervailing duty order on hot-rolled steel flat products from South Korea. Judge Jennifer Choe-Groves remanded the case for Commerce to consider information relating to the prevailing market conditions, such as price, quality and other conditions of purchase or sale, when determining whether a benefit was conferred to respondent Hyundai Steel from the South Korea's government provision of port usage rights. Choe-Groves also granted Commerce's voluntary remand request over sewerage usage fees after it said it learned more about the program.
A protest of a CBP decision must be filed within 180 days of liquidation and not the date the Commerce Department issues antidumping and countervailing duty instructions to CBP or the date CBP denies an importer's refund request, the U.S. Court of Appeals for the Federal Circuit held in a Feb. 6 opinion. Upholding a Court of International Trade decision, judges Timothy Dyk, Richard Taranto and Todd Hughes dismissed a case from importer Acquisition 362, doing business as Strategic Import Supply, that challenges a CBP assessment of countervailing duties, on the grounds that the company failed to file a protest.
A protest of a CBP decision must be filed within 180 days of liquidation and not the date the Commerce Department issues antidumping and countervailing duty instructions to CBP or the date CBP denies an importer's refund request, the U.S. Court of Appeals for the Federal Circuit held in a Feb. 6 opinion. Upholding a Court of International Trade decision, judges Timothy Dyk, Richard Taranto and Todd Hughes dismissed a case from importer Acquisition 362, doing business as Strategic Import Supply, that challenges a CBP assessment of countervailing duties, on the grounds that the company failed to file a protest.
The Commerce Department on Feb. 3 published its quarterly list of (i) completed antidumping and countervailing duty scope rulings and (ii) anti-circumvention determinations. The following list covers completed scope rulings for the period Oct. 1, 2022, through Dec. 31, 2022:
The Commerce Department on Jan. 26 released the preliminary results of its antidumping and countervailing duty administrative reviews on softwood lumber products from Canada (A-122-857/C-122-858). In the final results of this review, Commerce will set AD duty and CVD assessment rates for subject merchandise for the companies under review entered Jan. 1, 2021, through Dec. 31, 2021.
The Court of International Trade in a Jan. 24 order sent back the Commerce Department's final determination in the countervailing duty investigation on granular polytetrafluoroethylene from India. Judge Timothy Stanceu said that, on remand, Commerce must drop the 26.5% estimated subsidy rate for the provision of land by the State Industrial Development Corp. and reconsider the estimated subsidy rate for the provision of land from the Gujarat Industrial Development Corp.
The Commerce Department issued Federal Register notices on its recently initiated antidumping duty investigations on gas powered pressure washers from China and Vietnam (A-570-148, A-552-008) and a countervailing duty investigation on gas powered pressure washers from China (C-570-149). The agency will determine whether imports of gas powered pressure washers are being sold in the U.S. at less than fair value or are illegally subsidized.
The Commerce Department is amending the "all-others" rate for exporters of ripe olives from Spain (C-469-818), implementing a World Trade Organization ruling against the agency's final determination in the original countervailing duty investigation (see 2112210054), it said. As a result of its recalculation, the "all-others" CVD cash deposit rate will fall slightly to 11.08% (from 14.97%). Commerce also amended rates for other companies, but those companies have since been assigned superseding cash deposit rates. The Section 129 determination doesn't affect assessments. The new "all-others" rate will apply to subject merchandise entered on or after Jan. 12, 2023.