A citric acid exporter said Feb. 9 that the Commerce Department had been wrong to refuse to do a quarterly analysis of the exporter’s costs even though it had faced large cost fluctuations due to the COVID-19 pandemic (Citribel N.V. v. U.S., CIT # 24-00010).
Court of International Trade Judge Stephen Vaden on Feb. 12 recused himself from a pair of cases in which Nicholas Phillips, associate at Schagrin Associates, appeared for one of the parties after he was working as a law clerk for Vaden while the case was pending (Asia Wheel Co. v. United States, CIT Consol. # 23-00096) (American Kitchen Cabinet Alliance v. United States, CIT # 23-00140).
The International Trade Commission on Feb. 9 upheld on remand its prior finding that domestic industries were injured by dumped imports of seamless carbon and alloy steel standard, line and pressure pipe from Russia, rejecting an exporter’s claims that evidence showed the ITC’s analysis had missed some imports from other countries (PAO TMK v. United States, CIT # 21-00532).
The Court of International Trade on Feb. 12 sustained the Commerce Department's decision to use a simple average of standard deviations in the denominator of the Cohen's d test in detecting "masked" dumping as part of the antidumping investigation on steel nails from Taiwan. Despite a pair of decisions from the U.S. Court of Appeals for the Federal Circuit rejecting the use of simple averages in this case, Judge Claire Kelly said she could find no fault with the logic Commerce employed.
DOJ attorney Robert Kiepura replaced Joshua Kurland as principal counsel in a case on the Commerce Department's countervailing duty investigation on wind towers from Canada. The court approved the change in a Feb. 8 order (Quebec v. U.S., Fed. Cir. # 22-1807).
The Court of International Trade in a Feb. 8 order vacated the dismissals of seven cases brought by Canadian exporter ArcelorMittal Long Products Canada G.P. Judge Timothy Stanceu reinstated the cases on the Customs Case Management Calendar and said they can remain there until Jan. 31, 2025 (ArcelorMittal Long Products Canada G.P. v. United States, CIT # 21-00037, -00038, -00039, -00040, -00041, -00042, -00043).
Two Feb. 6 motions for judgment from domestic petitioners and a foreign exporter both sought, for different reasons, to remand the Commerce Department’s final results in a 2021-2022 review of the antidumping duties on certain frozen warmwater shrimp from India (Ad Hoc Shrimp Trade Action Committee v U.S., CIT # 23-00202).
After oral arguments regarding a Cambodian mattress exporter’s antidumping duty rate, the exporter, the U.S. and petitioners filed post-argument submissions Feb. 7 that focused on the Commerce Department's use of nonmarket economy data in a market economy case (Best Mattresses International v. U.S., CIT Consol. # 21-00281).
The Court of International Trade on Feb. 12 sustained the Commerce Department's final results of the 2019-20 review of the antidumping duty order on retail bags from Malaysia. Judge Stephen Vaden upheld Commerce's use of adverse facts available to set inland freight expense data for U.S. sales the agency found to be unverifiable, as well as the decision not to correct a ministerial error on the grounds that notice of the error was untimely. The court said Commerce gave exporter Euro SME multiple chances to submit verifiable data after the agency found errors in the company's actual weight and inland freight data, making the use of AFA proper due to the resulting gaps in the record.
The Commerce Department's Bureau of Industry and Security again rejected 193 requests for exclusions from Section 232 steel and aluminum duties sought by importer California Steel Industries on its steel slab imports. Filing its remand results to the Court of International Trade on Feb. 9, BIS said that "no overriding national security concerns require that" the exclusions be granted (California Steel Industries v. United States, CIT # 21-00015).