The Court of International Trade on Oct. 4 remanded the Commerce Department's decision to include certain products from exporter Tecnicas de Fluidos (TEFLU) within the scope of the antidumping duty order on light-walled rectangular pipe and tube from Mexico in the 2020-21 review of the order. Judge Jennifer Choe-Groves said Commerce must answer whether TEFLU's "further manufactured products" are "downstream products" outside the order's scope. The agency must lay out "the degree to which" the exporter's goods were processed by various methods and whether each good was further processed, instead of basing its determination "solely on the physical and chemical composition" of the products. Choe-Groves added that Commerce must assess whether TEFLU's goods are within an industry investigated by the International Trade Commission in its corresponding injury analysis.
Court of International Trade activity
The Commerce Department and the International Trade Commission published the following Federal Register notices Oct. 4 on AD/CVD proceedings:
The U.S. Court of Appeals for the Federal Circuit on Oct. 3 stayed the briefing schedule in a trio of cases brought by exporter Eregli Demir ve Celik Fabrikalari (Erdemir) while it considers the company's motion to consolidate the three appeals. All three cases center on the sunset review of the antidumping duty order on hot-rolled steel flat products from Turkey (Eregli Demir ve Celik Fabrikalari v. United States, Fed. Cir. # 24-2242).
The Court of International Trade on Oct. 2 rejected exporter Chandan Steel Limited's motion for reconsideration of the court's previous decision sustaining the 145.25% total adverse facts available rate set against the exporter in the 2018-19 administrative review of the antidumping duty order on steel flanges from India.
Parties in a lawsuit may compel opposing parties to produce publicly available information during discovery, the Court of International Trade ruled Oct. 4. In the ruling, which partly granted and partly denied pistol maker Glock’s motion to compel responses to its discovery request, Judge Jenifer Choe-Groves also criticized the government’s late responses, which she said suggested "carelessness and a lack of appropriate due diligence.” (Glock v. U.S., CIT # 23-00046).
There have been no lawsuits recently filed at the Court of International Trade.
The Court of International Trade on Oct. 2 sustained the Commerce Department's scope ruling made on remand excluding engines with horizontal crankshafts from the antidumping and countervailing duty orders on vertical shaft engines between 99cc and up to 225cc from China.
The United States said Sept. 30 that an Indian aluminum exporter was trying to “artificially separate two similar industries” in its attempt to avoid being assessed a countervailing duty for the provision of coal for less-than-adequate remuneration (Hindalco Industries Limited v. U.S., CIT # 23-00260).
The Court of International Trade on Oct. 1 said court-led mediation in a suit from LE Commodities challenging 14 denied requests for exclusions from Section 232 steel and aluminum tariffs resulted in a "settlement of all issues." Judge Leo Gordon led the mediation. Counsel for LE Commodities didn't respond to a request for comment on the nature of the settlement (LE Commodities v. United States, CIT # 22-00245).
The Court of International Trade on Oct. 1 approved increases to its transcript fee rates, the court announced. The court laid out the following prices for various transcripts: $4.40 per page for a 30-day transcript, $5.10 per page for a 14-day transcript, $5.85 per page for a seven-day transcript, $6.55 per page for a three-day transcript, $7.30 per page for a next-day transcript and $8.70 per page for a two-hour transcript. The cost of a first copy to each party is $1.10 for a 30-, 14- and seven-day transcript. Copy costs per party are $1.30 for a three-day transcript and $1.45 for a next-day and two-hour transcript.