CIT Sends Back Aluminum Sheet Scope Ruling, Upholds Hardwood Plywood AD Review
The Court of International Trade in a Dec. 21 opinion sent back a Commerce Department scope ruling that importer Valeo North America's heat-treated T-series aluminum sheet is covered by the antidumping and countervailing duty orders on common alloy aluminum sheet from China. Judge Mark Barnett took issue with Commerce's interpretation of the phrase "3XXX-series" in the scope to include certain unregistered alloys under the order. The judge also remanded the case for Commerce to address evidence that Valeo's product undergoes heat-treatment.
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In a separate case, the trade court on Dec. 22 sustained Commerce's first administrative review of the antidumping duty order on hardwood plywood from China and granted a U.S. motion to strike. The case concerned six issues: (1) Commerce's calculation of normal value for respondent Linyi Chengen using its normal methodology; (2) Commerce's surrogate value data and calculation for Linyi Chengen's log inputs; (3) the agency's surrogate value calculation for labor; (4) whether a reply brief from the plaintiffs raises new arguments and has new information; (5) the surrogate value for Linyi Chengen's formaldehyde input, and (6) Commerce's selection of financial statements and calculation of surrogate financial ratios.