The Commerce Department must more fully explain its calculation methodology used to account for the differences in volumes of lumber purchased by exporter Les Produits Forestiers D&G and its affiliate, Les Produits Forestiers Portbec, from unaffiliated suppliers, the Court of International Trade held in a decision made public Jan. 29. Judge Mark Barnett said the U.S. failed to "clarify Commerce's decision-making" behind the calculation in the expedited countervailing duty investigation on softwood lumber products from Canada.
The Commerce Department reasonably found that holding company Siemens Gamesa Renewable Energy S.A. is an "exporter or producer" under its regulations in an antidumping duty investigation on wind towers from Spain, the Court of International Trade held on Jan. 28. Judge Timothy Stanceu said the agency appropriately considered the evidence and rejected petitioner Wind Tower Trade Coalition's position that Siemens Gamesa didn't have a role in the production of wind towers and, thus, didn't have to rescind the investigation on the company.
Nicholas Czajkowski, a former trade analyst for the Commerce Department, has joined Schagrin Associates, the firm announced. Czajkowski worked at Commerce for over 20 years, conducting various trade remedy investigations, administrative reviews and new shipper reviews.
Panama appealed a World Trade Organization dispute ruling on its restrictions covering strawberries, pineapples, bananas, plantains and dairy and meat products from Costa Rica "into the void," effectively ending the dispute due to the lack of a functioning Appellate Body. Panama told the Dispute Settlement Body of its decision to appeal the ruling during its Jan. 24 meeting. Last month, a dispute panel said Panama's phytosanitary restrictions violated the Agreement on Sanitary and Phytosanitary Measures and were "more trade-restrictive than required to achieve Panama's" appropriate level of protection, given that alternatives proposed by Costa Rica were "reasonably available," achieved the appropriate protection level and were less trade-restrictive (see 2412050051).
Tesla's Chinese subsidiary, Tesla (Shanghai), and BMW both filed suit against the European Commission in the European Court of Justice after being hit with countervailing duties by the EU in October on their electric vehicle exports (see 2410290031). The bloc imposed a 7.8% duty rate on Tesla, while BMW received the 20.7% CVD rate assigned to other cooperating respondents. Other Chinese electric vehicle exporters, including BYD, Geely and SAIC, also were hit with the duties. Neither Tesla nor BMW has made any further filings or pleadings in their cases after filing their actions in the top European court. Neither company responded to requests for comment.
The following new lawsuits have been filed recently at the Court of International Trade:
The Commerce Department erred in selecting Turkey and not Bulgaria as the main surrogate country in the 2022-23 review of the antidumping duty order on pure magnesium from China, exporters Tianjin Magnesium International Co. and Tianjin Magnesium Metal Co. argued in a Jan. 27 complaint at the Court of International Trade (Tianjin Magnesium International Co. v. United States, CIT # 25-00002).
The Commerce Department erred in picking Malaysia as the main surrogate country in the 2022-23 review of the antidumping duty order on activated carbon from China, exporter Carbon Activated Corp. argued in a Jan. 27 complaint at the Court of International Trade. Carbon Activated said that Romania was the better choice and that Commerce's use of Malaysia surrogate values for coal tar, sub-bituminous coal, hydrochloric acid, solid sodium hydroxide and potassium hydroxide was unsupported by substantial evidence (Carbon Activated Tianjin Co. v. United States, CIT # 24-00265).
After the Trump administration released a memo outlining the scope of trade action to be taken during his term, one thing became clear, according to a variety of trade attorneys: antidumping duty and countervailing duty rates are about to soar.
Kelley Drye added four attorneys from Sandler Travis to its export controls and economic sanctions team, the firm announced. The new additions are partner Kristine Pirnia, special counsel Catherine Cayce, associates Narges Kahvazadeh and Sanam Bhalla, along with non-attorney export controls specialist Molly Stevens.