A Spanish olive growers industry group, Asociacion de Exportadores e Industriales de Aceitunas de Mesa, along with Agro Sevilla Aceitunas and Angel Camacho Alimentacion, brought suit at the Court of International Trade to contest the Commerce Department's finding that demand for the "prior stage product" is "substantially dependent" on demand for the "latter stage product," in the 2021 review of the countervailing duty order on ripe olives from Spain (Asociacion de Exportadores e Industriales de Aceitunas de Mesa v. United States, CIT # 24-00078).
Petitioners filed a motion for judgment May 1 contesting the International Trade Commission’s negligibility finding regarding aluminum extrusions from the Dominican Republic imported from 2022 to 2023. They alleged that the initial data collected by the ITC proved the imports exceeded the negligibility threshold, but that the commission unlawfully altered that data and ignored evidence that imports seem to be increasing over time (U.S. Aluminum Extruders Coalition v. U.S., CIT # 23-00270).
The presumption of foreign state control in antidumping duty cases doesn't disappear after the exporter presents "minimal contradictory evidence," the government said in a reply brief on May 1 at the U.S. Court of Appeals for the Federal Circuit. Contrary to claims made by exporters Aeolus Tyre Co. and Guizhou Tyre Co., the government said, the Commerce Department "has long required respondents to demonstrate autonomy with respect to" all four criteria used to assess freedom from foreign state control, even for companies only minority-owned by a government entity (Guizhou Tyre Co. v. United States, Fed. Cir. # 23-2163).
The Court of International Trade on May 2 again sent back the Commerce Department's finding that the South Korean government's full allotment of emissions permits under the Emissions Trading System of Korea (K-ETS) was de jure specific. Judge Mark Barnett said Commerce improperly used de facto specificity analysis factors, including data on who received the allotments, in assessing whether the additional permit allocations were specific as a matter of law.
Importers’ and exporters’ criticism of a continued injury finding on remand, including one argument that the International Trade Commission had relied on trade publications instead of the exporters’ own questionnaire responses (see 2403040049), was simply their unlawful attempt to have the commission “reweigh” the evidence to reach their own preferred result, the ITC said April 29 (OCP S.A. v. U.S., CIT Consol. # 21-00219).
The Court of International Trade on May 2 again remanded the Commerce Department's finding that the South Korean government's full allocation of emissions permits under the Emissions Trading System of Korea was a de jure specific subsidy. Judge Mark Barnett said the agency illicitly considered factors used as part of a de facto specificity analysis to assess the program, noting that those factors can't be used to find if the program is specific as a matter of law. However, the judge sustained Commerce's findings that the full allotment amounted to a financial contribution to respondent Hyundai Steel Co. and that the company benefited from the allotment.
Importer Nutricia North America told the U.S. Court of Appeals for the Federal Circuit that classifying its substances used to "treat life-threatening diseases in young children" as food preparations "not elsewhere specified" as opposed to "medicaments" or items "for the use or benefit" of handicapped people would lead to the "parents of very ill children" paying higher prices for these substances. In its opening brief on April 30, Nutricia said that this isn't the result Congress intended and that the Harmonized Tariff Schedule "can and should be interpreted to avoid that result" (Nutricia North America v. United States, Fed. Cir. # 24-1436).
Exporter Hyundai Steel Co. on April 26 said that the U.S. attempted to "shield itself under the blanket of" the U.S. Court of Appeals for the Federal Circuit's 1999 decision in AK Steel v. U.S. in its bid to countervail the Port of Incheon program in South Korea. However, AK Steel is "inapposite" for the present case since it came at a time before the existing Uruguay Round Agreements Act CVD statute and, as such, didn't contemplate the provision on what constitutes a countervailable benefit (Hyundai Steel Co. v. United States, Fed. Cir. # 24-1100).
The Customs Rulings Online Search System (CROSS) was updated April 29 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
The Court of International Trade in an April 19 decision made public April 29 sent back for the third time the Commerce Department's decision not to investigate the sale of off-peak electricity in South Korea for less than adequate remuneration. Judge Mark Barnett said that Commerce failed to explain why evidence submitted by petitioner Nucor Corp. was insufficient "pursuant to the low standard" for opening a subsidy investigation established in RZBC Group Shareholding Co. v. U.S.