The Commerce Department properly picked Turkey as a third country comparison market and decided that no adjustment to an antidumping duty respondent's cost of manufacturing was necessary in the AD investigation on melamine from Qatar, the U.S. argued in a Jan. 9 response to petitioner Cornerstone Chemical's motion for judgment at the Court of International Trade (Cornerstone Chemical v. United States, CIT # 25-00005).
The U.S. argued on Jan. 12 that the "undisputed facts" show that importer Lanxess' polymerization accelerator -- a substance used to speed up the chemical process of plastic manufacturing -- can't accelerate a chemical reaction "in its condition as imported," thus removing it from Harmonized Tariff Schedule heading 3915 as a "reaction accelerator" (Lanxess Corporation v. United States, CIT # 23-00073).
The U.S. either "concedes, does not dispute, or misses the point of, [importer Cozy Comfort's] key arguments" in the importer's appeal of the Court of International Trade's decision classifying The Comfy, an oversized pullover, as a pullover and not a blanket, Cozy argued in a Jan. 9 reply brief at the U.S. Court of Appeals for the Federal Circuit (Cozy Comfort v. United States, Fed. Cir. # 25-1889).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Court of International Trade on Jan. 8 sustained the Commerce Department's finding on remand that exporter Co May Import-Export Company didn't have a bona fide sale of subject merchandise during the review period of a new shipper review. Judge Jane Restani said the decision complies with the court's remand order.
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 erred in determining that U.S. seafood seller Luscious Seafood didn't make a "bona fide" sale of the domestic like product as part of an antidumping duty review on Vietnamese frozen fish fillets, the Court of International Trade held in a decision made public Jan. 6.
A recent antidumping petition on fresh winter strawberries from Mexico highlights a rarely used provision of the antidumping statute that allows the International Trade Commission to narrow the injury analysis to only a particular region in the U.S. Trade lawyers told us that there's clear statutory authority for a regional injury petition, but that the analysis may require a more pervasive showing of injury throughout the affected industry than an ordinary, nationwide injury analysis.
The Commerce Department continues to conflate "disproportionality" with "disparity" in its de facto specificity finding regarding a Korean electricity subsidy, the South Korean government told the Court of International Trade earlier this month. The trade court and the U.S. Court of Appeals for the Federal Circuit have routinely found that these two concepts are distinct, yet Commerce ignores the courts' instruction when finding that the Korean steel industry, when paired with two unrelated industries, consumes a disproportionate amount of an electricity subsidy, the brief said (Hyundai Steel v. United States, CIT Consol. # 24-00190).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: