A listing of recent Commerce Department antidumping and countervailing duty messages posted to CBP's website Sept. 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.
The Court of International Trade in a Sept. 2 opinion upheld parts and sent back parts of the Commerce Department's final determination in the countervailing duty investigation on phosphate fertilizers from Russia. In a case contested by respondents PhosAgro Cherepovets and EuroChem and petitioners LLC Industrial Group Phosphorite and The Mosaic Co., Judge Jane Restani found that Commerce erred in adjusting the natural gas benchmark price by adding the relevant 20% VAT and 5% import duty and misapplying its methodology in calculating EuroChem's total sales by relying on a number given by EuroChem that included sales from eight producers and input suppliers to export trading company EuroChem Trading Rus. The judge also sent back Commerce's cut-off date for measuring subsidies in the Russian economy.
The Court of International Trade in a Sept. 2 opinion sent back parts and upheld parts of the Commerce Department's final determination in the countervailing duty investigation of phosphate fertilizers from Russia. Judge Jane Restani found that Commerce erred in adjusting the natural gas benchmark price by adding the relevant 20% VAT and 5% import duty and misapplying its methodology in calculating EuroChem's total sales by relying on a number given by EuroChem which included sales from eight producers and input suppliers to export trading company EuroChem Trading Rus. The judge also sent back Commerce's cut-off date for measuring subsidies in the Russian economy.
The Commerce Department erred in its calculations when assigning countervailing duty rates in an administrative review on multilayered wood flooring from China, according to three separate complaints filed at the Court of International Trade. The complaints, all filed on Aug. 17, primarily challenge Commerce's findings of less than adequate remuneration (LTAR) in calculating duty rates and adverse facts applied to the government of China.
The Commerce Department made a preliminary affirmative antidumping determination that sodium nitrite from India (A-533-906) is being sold in the U.S. at less than fair value. The agency will impose antidumping duty cash requirements on entries of subject merchandise beginning on Aug. 17, the date this preliminary determination is due to be published in the Federal Register.
The Commerce Department published the final results of the antidumping and countervailing duty administrative reviews on softwood lumber products from Canada (A-122-857/C-122-858). These final results will be used to set final assessments of AD/CV duties on importers for subject merchandise entered Jan. 1, 2020, through Dec. 31, 2020.
The Commerce Department in July 18 remand results submitted to the Court of International Trade flipped its positions on whether a particular market situation adjustment distorts the cost of production of a welded line pipe input and whether an adjustment should be made to antidumping duty respondent Nexteel Co.'s constructed value for sales of non-prime goods. The agency conformed to the trade court's ruling, finding a PMS doesn't exist and recalculating CVD without the non-prime goods adjustment, leaving respondents Nexteel and SeAH Steel Corp. with 1.12% and zero percent dumping rates, respectively. However, the agency stuck by its decision to reclassify Nexteel's reported losses over its suspended production lines (Nexteel Co. et al. v. United States, CIT #20-03898).
Antidumping and countervailing duty investigations on urea ammonium nitrate from Russia and Trinidad and Tobago will end with no duties imposed, after the International Trade Commission on July 18 voted that dumped and illegally subsidized imports of the product do not injure the U.S. domestic industry, the ITC said in a news release. As a result of the negative injury determination, Commerce will not issue AD or CVD orders, and any cash deposits collected in connection with the investigations will be refunded. Commerce had found dumping and illegal subsidization in final determinations issued in June (see 2206230046 and 2206230047).
The Court of International Trade in a June 9 opinion made public July 1 sent back parts and upheld parts of the Commerce Department's final determination in the antidumping duty investigation on biodiesel from Indonesia. Judge Richard Eaton said that Commerce's decision to rely on constructed value based on particular market situation findings for home market sales made through Indonesia's Public Service Obligation program was valid, but that the reliance on CV for non-program sales needed to be further explained. The judge also held that the agency had to further explain its legal authority to make a CV adjustment to account for Renewable Identification Numbers (RINs) -- tradeable credits issued by the U.S. Environmental Protection Agency.
The Commerce Department issued the final results of its countervailing duty administrative review on truck and bus tires from China (C-570-041). The agency calculated new CV duty cash deposit rates for the Chinese producers and exporters listed below. These final results will be used to set final assessments of CV duties on importers for entries Jan. 1, 2020, through Dec. 31, 2020.