The Court of International Trade in a May 12 confidential opinion remanded the Commerce Department's final determination in the countervailing duty investigation on wood cabinets and vanities from China. In a letter on the opinion, Judge Richard Eaton told litigants to return to the court by May 19 after reviewing the opinion for business confidential information. The case was brought by Chinese exporter Dalian Meisen Woodworking Co. to contest Commerce's position on China's Export Buyer's Credit Program and use of a different plywood benchmark for different companies despite the fact that they used the same types of plywood (Dalian Meisen Woodworking Co. v. United States, CIT #20-00110).
The Commerce Department's remand results finding that a South Korean authority did not provide electricity below cost in a countervailing duty investigation does not properly apply an "adequate remuneration" standard, plaintiff-appellant Nucor Corp. told the U.S. Court of Appeals for the Federal Circuit. Filing its opening brief in its appeal, Nucor said that while Commerce does identify an adequate remuneration standard that could address the Federal Circuit's prior holding on the agency's sole reliance on a preferential rates analysis, the standard is not properly applied (POSCO v. United States, Fed. Cir. #22-1525).
A listing of recent Commerce Department antidumping and countervailing duty messages posted to CBP's website May 11, 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 ADD CVD Search page.
The Commerce Department properly found that the Chinese government and countervailing duty respondent Jangho Group failed to respond to the best of their ability on whether aluminum extrusions producers are "authorities," the Court of International Trade ruled in a May 10 opinion. As a result, Commerce properly applied adverse facts available, Judge Leo Gordon ruled. Issuing his second opinion in the case after Jangho vied for a rehearing over its unaddressed "alternative arguments," Gordon also said that Commerce properly found that the provision of glass and aluminum extrusions below cost are specific subsidies.
A listing of recent Commerce Department antidumping and countervailing duty messages posted to CBP's website April 22, 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 ADD CVD Search page.
A listing of recent Commerce Department antidumping and countervailing duty messages posted to CBP's website April 19, 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 ADD CVD Search page.
A listing of recent Commerce Department antidumping and countervailing duty messages posted to CBP's website April 15, 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 ADD CVD Search page.
A listing of recent Commerce Department antidumping and countervailing duty messages posted to CBP's website April 14, 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 ADD CVD Search page.
Mexico, Canada and Brazil recently announced antidumping duty and countervailing duty actions and decisions on certain products from mainland China, the Hong Kong Trade Development Council reported April 11. Mexico recently renewed its AD order on Chinese children’s bicycles for five years, HKTDC said, which will face an AD duty of $13.12 per unit.
The Court of International Trade remanded parts of the 2018 countervailing duty review on utility scale wind towers from Vietnam in a March 24 opinion made public April 4. Judge Timothy Reif sent the case back to the Commerce Department for it to address evidence submitted by the CVD petitioner Wind Tower Trade Coalition over alleged manipulation of the denominators used in the benefit calculation and to substantiate its conclusion that respondent CS Wind Vietnam didn't import its steel plate, thereby neglecting an import duty exemption subsidy.