The Commerce Department should have treated exporter Koehler's unpaid antidumping duty liability as a selling expense that lowered constructed export price (CEP) instead of as an increase to the cost of production, antidumping duty petitioner Domtar Corp. argued at the Court of International Trade. Filing a complaint on Aug. 1, Domtar said CEP should have been lowered since the expenses were "associated with commercial activities in the United States" (Domtar Corp. v. United States, CIT # 24-00113).
The Commerce Department “misunderstood” a court order to explain why an industry support calculation didn’t involve double-counting, an importer said July 26 in a reply to the government (Tenaris Bay City v. U.S., CIT # 22-00343).
In a post-oral argument (see 2407250041) submission, all plaintiffs in a case regarding the scope of an antidumping duty order on steel wheels from China again pushed back against the government, saying that DOJ was misrepresenting communications during the order’s original investigation (Asia Wheel v. U.S., CIT Consol. # 23-00096).
An aluminum foil importer added its own motion for judgment to a stack of cases, primarily coming from the foil and solar panel industries, challenging the Commerce Department’s alleged overemphasis on only one or two factors out of the five used to analyze a product’s country of origin in evasion investigations (see 2407030064, 2406140059 and 2401230041) (Hanon Systems Alabama Corp. v. U.S., CIT # 24-00013).
The Commerce Department on remand at the Court of International Trade revised the duty drawback adjustment for exporter Assan Aluminyum Sanayi ve Ticaret, resulting in a de minimis antidumping duty rate for the company in the AD investigation on common alloy aluminum sheet from Turkey (Assan Aluminyum Sanayi ve Ticaret v. United States, CIT # 21-00246).
The Court of International Trade on Aug. 1 said the International Trade Commission didn't establish an agency practice of considering U.S. investments by foreign producers as a distinctive condition of competition for cumulation analyses. Judge Gary Katzmann rejected exporter BlueScope Steel's claim that the ITC departed from its past practice in cumulating Australian hot-rolled steel exports with other nations' shipments as part of the five-year sunset review of the antidumping duty order on the steel goods.
The Court of International Trade on July 30 opened registration for its 22nd Judicial Conference, which will be held Oct. 10 at the Westin Jersey City Newport Hotel in Jersey City, New Jersey. The conference will feature events on agency deference in trade cases, the Enforce and Protect Act and circumvention issues, and ethics issues.
The following lawsuit was recently filed at the Court of International Trade:
A Chinese garlic exporter filed a complaint July 31 in the Court of International Trade claiming that the Commerce Department wrongly determined in an antidumping duty review that its U.S. sales were not bona fide and denied it a separate rate (Jining Huahui International Co. v. U.S., CIT # 24-00111).
The Commerce Department switched the basis on which it found the Korean government's full allotment of emissions permits under the Korean Emissions Trading System (K-ETS) was specific. Submitting its remand results under protest on July 31, Commerce said the full allotment of the permits was de facto specific after the Court of International Trade rejected the idea that the full allotment was de jure specific (Hyundai Steel Co. v. United States, CIT # 22-00170).