A listing of recent Commerce Department antidumping and countervailing duty messages posted to CBP's website Dec. 7, 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 Dec. 3, 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 is setting new countervailing duty cash deposit requirements for imports of urea ammonium nitrate solutions (UAN) from Trinidad and Tobago (C-274-809) and Russia (C-821-832), after finding illegal subsidization of the sole known producer/exporter of UAN from Trinidad and Tobago and of producers and exporters from Russia in the preliminary determinations of its CV duty investigations on subject goods. Suspension of liquidation and cash deposit requirements will take effect for entries on or after Dec. 3, the date that the preliminary determination is published in the Federal Register.
The Commerce Department's refusal to calculate a non-adverse facts available rate for all other respondents in a countervailing duty review is not in accordance with the law, steel wheel importer Rimco said in its Nov. 30 complaint at the Court of International Trade. The agency's move of averaging the AFA rates to come up with a 388.1% all-others rate in the review is not backed by substantial evidence and cuts against a past CIT ruling, Rimco said (Rimco, Inc. v. United States, CIT #21-00588).
The Court of International Trade in a Dec. 2 opinion upheld the Commerce Department's final results in the 2017 administrative review of the countervailing duty order on steel reinforcing bar from Turkey. Judge Claire Kelly found that it was reasonable for Commerce to assign non-mandatory respondent Colakoglu a rate from a previous administrative review where it did serve as a mandatory respondent, even though both actual mandatory respondents in the review at issue in the case received de minimis rates. Kelly also said that it did not matter that record evidence did not support the CVD rate received by Colakoglu since it is its responsible to populate the record, which it failed to do.
The Commerce Department on Nov. 30 released a notice announcing the opportunity to request administrative reviews by Jan. 3, 2022, for producers and exporters subject to 46 antidumping duty orders, 15 countervailing duty orders and two suspension agreements with December anniversary dates.
The Commerce Department continued to defend its use of adverse facts available relating to China's Export Buyer's Credit Program in a countervailing duty case despite recent claims that it has discredited its position on this program. In a Nov. 2 brief filed at the Court of International Trade, Commerce said that it is not simply compelled to rely on CVD respondents' statements that an alleged subsidy program was not used when a government fails to give information on how the program was administered to the point where verification of non-use is impossible (Both-Well (Taizhou) Steel Fittings v. U.S., CIT #21-00166).
After two failed attempts to prove that subsidies provided by the government of Spain to olive growers are de jure specific, the Commerce Department now asserts that the subsidies are de facto specific, in remand results submitted to the Court of International Trade Nov. 3. While still disagreeing with the trade court's finding that the subsidies are not de jure specific to olive growers, Commerce nevertheless backed down and now argues for de facto specificity instead. Because the Spanish government purportedly failed to submit the information Commerce needed to hold de facto specificity on remand, the agency relied on facts otherwise available to derive the proposed countervailing duty rate.
The Commerce Department issued Federal Register notices on its recently initiated antidumping investigations on oil country tubular goods from Argentina (A-357-824), Mexico (A-201-856) and Russia (A-821-833) and countervailing duty investigations on oil country tubular goods from South Korea (C-580-913) and Russia (C-821-834).
A listing of recent Commerce Department antidumping and countervailing duty messages posted to CBP's website Oct. 29, 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.