The Commerce Department on remand at the Court of International Trade revised the duty drawback adjustment for exporter Assan Aluminyum Sanayi ve Ticaret, resulting in a de minimis antidumping duty rate for the company in the AD investigation on common alloy aluminum sheet from Turkey (Assan Aluminyum Sanayi ve Ticaret v. United States, CIT # 21-00246).
The Court of International Trade on Aug. 1 said the International Trade Commission didn't establish an agency practice of considering U.S. investments by foreign producers as a distinctive condition of competition for cumulation analyses. Judge Gary Katzmann rejected exporter BlueScope Steel's claim that the ITC departed from its past practice in cumulating Australian hot-rolled steel exports with other nations' shipments as part of the five-year sunset review of the antidumping duty order on the steel goods.
A Chinese garlic exporter filed a complaint July 31 in the Court of International Trade claiming that the Commerce Department wrongly determined in an antidumping duty review that its U.S. sales were not bona fide and denied it a separate rate (Jining Huahui International Co. v. U.S., CIT # 24-00111).
The Commerce Department switched the basis on which it found the Korean government's full allotment of emissions permits under the Korean Emissions Trading System (K-ETS) was specific. Submitting its remand results under protest on July 31, Commerce said the full allotment of the permits was de facto specific after the Court of International Trade rejected the idea that the full allotment was de jure specific (Hyundai Steel Co. v. United States, CIT # 22-00170).
The Court of International Trade on July 29 sustained the Commerce Department's decision on remand to slash exporter Meihua Group International Trading (Hong Kong)'s antidumping duty rate from 154.07%, based on adverse facts available, to zero percent in the 2019-20 review of the AD order on xanthan gum from China.
The Customs Rulings Online Search System (CROSS) was updated July 26 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 on July 26 sent back the Commerce Department's consideration of alternative time periods in using the Cohen's d test to detect "masked" dumping in the 2020-21 review of the antidumping duty order on circular welded carbon-quality steel pipe from the United Arab Emirates.
The Court of International Trade on July 29 sustained the Commerce Department's 2019-20 review of the antidumping duty order on xanthan gum from China. Judge Jennifer Choe-Groves said on remand that Commerce properly slashed exporter Meihua Group International Trading (Hong Kong) Limited's AD margin to zero percent from a 154.07% adverse facts available rate. The judge also sustained the agency's collapsing analysis, which said Deosen Biochemical shouldn't be collapsed with Deosen Biochemcial (Ordos) since Deosen Biochemical made no shipments during the review period. As a result, Deosen Biochemical's review under the AD order was rescinded.
The Customs Rulings Online Search System (CROSS) was updated July 23 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):
Litigants sparred at a July 23 oral argument at the Court of International Trade on whether the antidumping and countervailing duty orders on steel wheels from China cover wheels shipped from Thailand with either a rim or a disc made in China. The parties disagreed on whether a prior scope ruling from the Commerce Department spoke to whether these "mixed" goods -- wheels made with either a Chinese-origin rim or disc, but not both -- are covered by the AD/CVD scope (Asia Wheel v. United States, CIT # 23-00096).