The U.S. and exporter Kaptan Demir told the U.S. Court of Appeals for the Federal Circuit that the Commerce Department "is afforded substantial deference in interpreting" whether an input is "primarily dedicated" to the production of its downstream product for purposes of assigning subsidies given to the input supplier to the downstream product maker (Kaptan Demir Celik Endustrisi ve Ticaret v. United States, Fed. Cir. # 24-1431).
The Court of International Trade on June 11 sustained the Commerce Department's remand results in an antidumping duty investigation on Indonesian biodiesel after the agency disregarded Indonesian crude palm oil prices when constructing normal value for respondent Wilmar Trading.
Several Russian phosphate exporter filed the opening brief in its appeal before the U.S. Court of Appeals for the Federal Circuit on June 7. They argued that the Commerce Department’s de facto specificity finding regarding the Russian government’s provision of natural gas to them was incorrect, as their industry consumed only 4.7% of the total quantity of gas provided (The Mosaic Company v. U.S., Fed. Cir. # 24-1593).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Commerce Department on June 7 lowered the dumping margin for nine separate rate respondents in the 2016-17 review of the antidumping duty order on multilayered wood flooring from China, from 42.57% to 31.63%, after revising aspects of its dumping analysis (Fusong Jinlong Wooden Group Co. v. United States, CIT # 19-00144).
A domestic producer of glycine brought a motion for judgment against the U.S. on June 6 regarding a negative scope ruling that calcium glycinate was too far removed a precursor of glycine to be covered by antidumping and countervailing duty orders on glycine (Deer Park Glycine, LLC v. U.S., CIT # 23-00238).
On remand, the International Trade Commission failed to comply with the court's order and cherry-picked evidence to maintain its previous ruling that fertilizer imports had injured local producers, a Moroccan phosphate fertilizer exporter said May 30 to the Court of International Trade (OCP v. U.S., CIT Consol. # 21-00219).
The Court of International Trade on June 5 sustained some and remanded some of the Commerce Department's surrogate value picks in the 16th review of the antidumping duty order on Vietnamese catfish, covering entries in 2018 to 2019.
All plaintiffs filed a joint reply to the U.S. May 31 in a case regarding the number of Chinese-origin parts required for an entire wheel to be considered of Chinese origin -- rims, discs, or both -- under an antidumping duty order on steel trailer wheels (Asia Wheel v. U.S., CIT Consol. # 23-00096).
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