The Court of International Trade remanded on Oct. 11 the final determination from the antidumping duty investigation on diamond sawblades from South Korea, in a move that could result in reinstatement of AD duties. The diamond sawblades order was revoked in 2011, after the Commerce Department implemented a World Trade Organization ruling by eliminating zeroing methodology from its calculations and AD rates for all reviewed companies fell to zero (see 11102822). Zero rates in an investigation mean an order can’t be issued. CIT’s remand raises the possibility that AD rates for South Korea diamond sawblade exporters could rise above zero, even without the use of zeroing methodology, which the court says would upset Commerce’s 2011 decision to revoke.
The Department of Energy rescinds previously-granted authorization for liquefied natural gas (LNG) exports only in extraordinary circumstances, taking into account private companies’ investment-backed expectations, the Department of Energy said in an Oct. 17 letter to Senator Lisa Murkowski, R-Alaska. Murkowski in August requested clarification on the agency’s revocation and modification process for LNG exports, in a letter submitted to Energy Secretary Ernest Moniz (here).
The Court of International Trade blocked liquidation on entries of shrimp from China made from Feb. 1, 2011, through Jan. 31, 2012, after the domestic Ad Hoc Shrimp Trade Action Committee filed a lawsuit challenging a Commerce Department antidumping duty administrative review. CIT Judge Claire Kelly on Oct. 16 issued a preliminary injunction and temporary restraining order barring liquidation of entries of merchandise subject to the AD duty order on frozen warmwater shrimp from China for certain companies. She confirmed the orders enjoining liquidation on Oct. 21. The Ad Hoc Shrimp Trade Action Committee is challenging Commerce’s selection of mandatory respondents, use of Indian surrogate data, and partial revocation for Regal. The preliminary injunction and temporary restraining order cover entries exported by the following companies:
CBP should not go through with its proposed ruling revocation that would reclassify expanding file organizers because the agency uses the wrong legal test to make its decision, said Office Depot in comments filed with CBP. The comments, filed by Robert Stang of Husch Blackwell on behalf of Office Depot, say that CBP should cancel its proposed revocation to maintain the product's current and appropriate classification in Heading 4819. Office Depot submitted the only comments on the proposed ruling revocation, said a CBP spokesman.
Best Key will file a challenge with the Court of International Trade over a CBP ruling that the textile company says the agency is using to revise its definition of "metalized" yarns, said John Peterson, a lawyer with Neville Peterson that is representing Best Key. CBP published two notices of revocation of rulings and treatment regarding "Johnny Collar" pullovers and polyester monofilament yarn in the Oct. 2 issue of the CustomsBulletin (Vol. 47, No. 41). CBP made the rulings despite claims from Best Key that agency laboratory personnel inappropriately disregarded previous ruling precedent (see 13061418).
CBP issued its Oct. 2 Customs Bulletin (Vol. 47, No. 41), which contains two notices of the following ruling actions (here):
Gang Yan could once again be subject to antidumping duties on diamond sawblades from China (A-570-900), after the Court of International Trade on Oct. 11 sustained the Commerce Department’s decision to treat parent company Advanced Technology & Materials as a state-controlled entity not eligible for its own rate. Commerce had in a March Section 129 determination revoked the order for AT&M and its subsidiaries, Gang Yan and Yichang HXF, because the elimination of zeroing methodology dropped the companies' original investigation rate to zero (see 13032716]). CIT's decision may now subject the companies to the China-wide 164.09 percent rate, and may also make them ineligible for the separate, company-specific zero rate calculated in the Section 129 determination.
The Commerce Department published notices in the Oct. 2 Federal Register on the following AD/CV duty proceedings (any notices that announce changes to AD/CV duty rates, scope, affected firms, or effective dates will be detailed in another ITT article):
Mexico's Diario Oficial of Oct. 1 lists notices from the Secretary of the Economy as follows:
Ocean Transportation Intermediary License Applicants (here)