Steel rail coupler importer Wabtec filed a supplemental brief in its dispute against a repeated antidumping investigation (see 2405220058) that saw it change tracks somewhat. It argued that the International Trade Commission wrongly expanded the scope of its injury determination to include unattached couplers, and it claimed that “[e]very statutory element imposes a limit” on Commerce’s ability to define an investigation’s reach (Wabtec Corporation v. United States, CIT #s 23-00160, -00161).
The Commerce Department's antidumping duty order on artist canvas from China is "void-for-vagueness and unconstitutional," importer Printing Textiles, doing business as Berger Textiles, told the U.S. Court of Appeals for the Federal Circuit in its opening brief. The company argued that Commerce's "impermissibly unlawful" scope ruling including its canvas banner matisse within the scope of the order "denied Berger adequate notice," adding that the agency "failed to address due process concerns of vague language in the scope of the order" (Printing Textiles v. United States, Fed. Cir. # 25-1213).
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.
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).
Two multilayered wood flooring exporters, Baroque Industries and Riverside Plywood, said Jan. 23 that the Commerce Department wrongly applied adverse facts available to several of Baroque’s input suppliers, determining they were under government control even though “[n]ecessary information for these eighteen suppliers was not missing from the record” (Baroque Timber Industries (Zhongshan) Co. v. United States, CIT # 24-00106).
Defendant-intervenor Triune Technofab said the financial information the Commerce Department used in a review of boltless steel shelving units from India should be considered a publicly available record, not a private one (Edsal Manufacturing v. United States, CIT # 24-00087).
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