The U.S. Court of Appeals for the Federal Circuit on June 21 sustained the Commerce Department's countervailing duty investigation on utility scale wind towers from Canada, keeping the CVD rate for respondent Marmen Energy just above the de minimis threshold at 1.18%.
Court of Federal Appeals Trade activity
The U.S. Court of Appeals for the Federal Circuit on June 21 sustained the Commerce Department's final affirmative determination in a countervailing duty investigation on utility scale wind towers from Canada, in which respondent Marmen Energy received a 1.18% CVD rate. Judges Alan Lourie, Sharon Prost and Jimmie Reyna said that because errors were identified in Marmen's year-end exchange rate adjustment to the sales denominator, Commerce appropriately refused to use Marmen's adjustment. The court also held that Commerce adequately countervailed three different subsidy programs.
The U.S. Court of Appeals for the Federal Circuit on June 14 granted importer Diamond Tools Technology's voluntary dismissal of its Enforce and Protect Act appeal. The company took to the appellate court after it won its initial challenge to CBP's finding that it evaded the antidumping and countervailing duty orders on Chinese diamond sawblades but lost its application for attorney's fees (see 2307310021) (Diamond Tools Technology v. U.S., Fed. Cir. # 24-1882).
An exporter of vehicle side bars said the U.S. is wrongly relying on a U.S. Court of Appeals for the Federal Circuit patent case to convince the trade court to rule against that exporter (Keystone Automotive Operations v. U.S., CIT # 21-00215).
The U.S. Court of Appeals for the Federal Circuit on June 13 allowed the Canadian government and a group of eight Canadian lumber exporters to appear as amici curiae in an appeal of the Commerce Department's use of the Cohen's d test to detect "masked" dumping. Judge Kara Stoll granted the motion (Mid Continent Steel & Wire v. United States, Fed. Cir. # 24-1556).
Antidumping duty petitioner Mid Continent Steel & Wire urged the U.S. Court of Appeals for the Federal Circuit to reject exporter Oman Fasteners' notice of supplemental authority regarding a Court of International Trade ruling on the Commerce Department's filing deadlines (Oman Fasteners v. U.S., Fed. Cir. # 23-1661).
Exporter Oman Fasteners said a recent Court of International Trade decision on the Commerce Department's filing deadlines supports its claim at the U.S. Court of Appeals for the Federal Circuit that one "inadvertent missed deadline 'without more'" doesn't support the use of adverse facts available in an antidumping duty case. Oman Fasteners filed a notice of supplemental authority on June 10 calling the appellate court's attention to CIT's holding in Cambria Co. v. U.S. (Oman Fasteners v. U.S., Fed. Cir. # 23-1661).
The U.S. told the U.S. Court of Appeals for the Federal Circuit on June 10 that the Court of International Trade correctly found that sales between Canada-based Midwest-CBK and its U.S. customers met the requirement of being sold "for exportation into the United States" and thus were properly liquidated using transaction value with a 75.75% "uplift" to the goods' valuation. Goods are meant for export to the U.S. when they are "clearly destined for the United States at the time of the sale," which the goods at issue were, the government said (Midwest-CBK v. U.S., Fed. Cir. # 24-1142).
Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
Judges on the U.S. Court of Appeals for the Federal Circuit heard arguments June 6 in a lumber exporter's case. The exporter is challenging its 2020 cash deposit rate set by a 2019 review after the Commerce Department previously ordered liquidation of its 2019 entries at a lower rate carried over from 2018 (J.D. Irving v. U.S., Fed. Cir. # 23-1652).