A listing of recent Commerce Department antidumping and countervailing duty messages posted to CBP's website Sept. 21, 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 Court of International Trade said the Commerce Department had sufficient evidence in its changed circumstances review that found that the situation had not changed regarding countervailable subsidies for Argentina's biodiesel industry. Judge Gary Katzmann, in a Sept. 21 opinion, also held that Commerce, which originally found changed circumstances but later switched back to a finding of no changed circumstances, acted in accordance with the law.
A listing of recent Commerce Department antidumping and countervailing duty messages posted to CBP's website Sept. 17-20, 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 Sept. 16, 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's decision to continue applying adverse facts available due to the Chinese government's alleged shortcoming in its questionnaire responses during a countervailing duty investigation runs contrary to a court order from the Court of International Trade, plaintiff Yama Ribbons and Bows Co. said in a Sept. 13 filing. Commerce held that AFA was warranted, in part, because the Chinese government did not fully answer its questions on subsidy programs for synthetic yarn and caustic soda. The court ruled to the contrary, making the continued use of AFA in Commerce's remand results unsupported and contrary to law, the brief said (Yama Ribbons and Bows Co., Ltd. v. United States, CIT #19-00047).
Kumho Tire (Vietnam) Co. filed a complaint with the Court of International Trade challenging the Commerce Department's finding that a countervailable subsidy existed in the form of Vietnam's currency manipulation practices (Kumho Tire (Vietnam) Co., Ltd. v. United States, CIT #21-00397). KTV was a respondent in the CVD investigation of passenger vehicle and light truck tires from Vietnam. In Commerce's final determination, KTV got hit with a 7.89% subsidy rate. In the complaint, KTV challenged three parts of this final determination, which include the finding that KTV got a countervailable benefit through its land-use rights, "even though Plaintiff’s acquisition of such rights pre-dated Vietnam’s accession to the World Trade Organization," through Vietnam's currency practices and through Vietnam's import-duty exemptions program for imported inputs used in exported products
The Commerce Department continued to apply adverse facts available relating to the agency's inability to verify two mandatory respondents' non-use of China's Export Buyers Credit Program in a countervailing duty case, despite lengthy remand instructions from the Court of International Trade. Answering a series of nine questions from Judge Timothy Reif, Commerce thoroughly explained why it continues to apply AFA on this critical issue absent further collaboration with the Chinese government, in its remand results. Likening the saga over the EBCP in the court to the film Groundhog Day, Reif sought an explanation from Commerce that would firmly answer the question of whether AFA was legitimately applied on the issue (Guizhou Tyre Co. Ltd. v. United States, CIT #19-00032).
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 ADD CVD Search page.
The Court of International Trade remanded parts and sustained parts of the Commerce Department's final results in the fifth administrative review of the countervailing duty order on crystaline silicon photovoltaic cells from China, in a Sept. 3 order. Judge Jane Restani sustained Commerce's specificity finding for the aluminum extrusions for less than adequate remuneration (LTAR) program, the agency's chosen benchmark for the land value for the LTAR program, and plaintiff and mandatory respondent Canadian Solar's lack of creditworthiness in 2016. Conversely, the judge remanded Commerce's entered value adjustment finding for Canadian Solar and its determination that the respondents benefited from China's Export Buyer's Credit Program.
The Court of International Trade remanded in part and sustained in part the Commerce Department's final results in the fifth administrative review on the countervailing duty order on crystalline silicon photovoltaic cells from China in a Sept. 3 order. The court sustained Commerce's findings that the specificity finding for the aluminum extrusions for less than adequate remuneration program, the agency's chosen benchmark for the land for LTAR program and plaintiff Canadian Solar's lack of creditworthiness in 2016. Judge Jane Restani remanded Commerce's entered value adjustment, or lack thereof, for Canadian Solar's imports under review and determination that the mandatory respondents benefited from China's Export Buyer's Credit Program.