After a remand, the Commerce Department continued to find the downstream products of Mexican pipe exporter Maquilacero S.A. de C.V. and auto-parts manufacturer Tecnicas de Fluidos S.A. de C.V. (TEFLU) were covered by an antidumping duty order on light-walled rectangular pipe and tube (Maquilacero S.A. de C.V. v. U.S., CIT Consol. # 23-00091).
The International Trade Commission erred when it found that aluminum extrusion exports from 14 nations didn't injure the U.S. industry, AD/CVD petitioners the U.S. Aluminum Extruders Coalition and the United Steelworkers argued in a Jan. 3 complaint at the Court of International Trade. The seven-count complaint challenged, among other things, the commission's conclusions that the extrusions didn't undersell the domestic like product nor have "significant adverse price effects" (U.S. Aluminum Extruders Coalition v. United States, CIT # 25-00001)
In comments Dec. 16, the trade group Catfish Farmers of America opposed the Commerce Department’s remand results regarding its antidumping duty review on Vietnamese frozen fish fillets (see 2410220042) after the department refused to deviate from its previous surrogate decisions (Catfish Farmers of America, et al. v. United States, CIT # 22-00125).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
A Vietnamese frozen fish fillet exporter’s single U.S. sale wasn’t bona fide, the domestic trade group Catfish Farmers of America said Dec. 16 in a motion for judgment (Catfish Farmers of America v. U.S., CIT # 24-00126).
The Customs Rulings Online Search System (CROSS) was updated between Dec. 17 and Dec. 20 with the following headquarters ruling (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
Congress didn't give the Commerce Department authority to deviate from certain principles associated with anti-circumvention proceedings whenever it thinks the effectiveness of an AD/CVD measure has been threatened "by changes in manufacturing methods or supply chains," Solar cell exporter BYD (H.K.) Co. argued. Filing a reply brief last week with the Court of International Trade, BYD said Congress laid out only a "very limited number of specific manufacturing scenarios" that can be deemed "circumvention" (BYD (H.K.) Co. v. U.S., CIT # 23-00221).
The Court of International Trade on Dec. 26 upheld the Commerce Department's finding that Germany's Konzessionsabgabenverordnung (KAV) program, which exempts from a fee gas and power pipeline companies that sell electricity below a certain price, isn't de facto specific and so isn't countervailable. Judge Claire Kelly approved Commerce's use of facts otherwise available to find "the recipients were too numerous to render" the program de facto specific.
Antidumping duty and countervailing duty petitioners the U.S. Aluminum Extruders Coalition and United Steelworkers argued that the International Trade Commission incorrectly concluded that aluminum extrusions from China, Colombia, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, South Korea, Taiwan, Thailand, Turkey, the United Arab Emirates and Vietnam didn't injure the U.S. industry (U.S. Aluminum Extruders Coalition v. United States, CIT # 24-00209).
The Commerce Department's Bureau of Industry and Security (BIS) improperly rejected 63 Section 232 steel tariff exclusion requests filed by California-based importer Mirror Metals, the company argued in a Dec. 20 complaint at the Court of International Trade. Mirror Metals said that if BIS applied the standards laid out in its regulations, the "only reasonable conclusion" it could have drawn was that the company "cannot obtain the subject steel in the U.S. market in a sufficient quantity or quality, on a timely basis to replace the steel it currently imports" (Mirror Metals v. United States, CIT # 24-00260).