June 2009 AD/CV Court Cases (Part 1)
The following Court of Appeals for the Federal Circuit (CAFC) and Court of International Trade (CIT) cases on antidumping and countervailing duty issues were dated or decided in the first half of June, 2009.
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CIT Partially Upholds ITA's Methods in Turkish Rebar AD Remand
For the administrative review of the antidumping duty order on certain steel concrete reinforcing bars from Turkey, for the period April 1, 2003, through March 31, 2004, the CIT sustained the remand determination of the International Trade Administration (ITA) on the use of contract date as the date of sale, but the court again remanded to the ITA the issue of quarterly costs versus POR-average costs. Habas Tibbi ve Sinai Gazlar Istihsal Endustrisi A.S. v. U.S. available at http://www.cit.uscourts.gov/slip_op/Slip_op09/05-00613%20Habas%20Slip-Op%209-55.pdf
CIT Rules U.S. Utilities Group Lacks Standing in Uranium AD Case
The CIT ruled that a group of American utility companies that obtain and use enriched uranium from Russia does not have standing to challenge the ITA's decision not to terminate its antidumping duty investigation of Russian uranium, and dismissed the action. Ad Hoc Utilities Group v. U.S et al, dated June 15, 2009, available at http://www.cit.uscourts.gov/slip_op/Slip_op09/09-56.pdf
CIT Upholds ITA's Use of Unaudited Financial Statement Data
Solvay Solexis S.p.A., a respondent in the antidumping duty administrative review of granular polytetrafluoroethylene (PTFE) resin from Italy for the period August 1, 2005 through July 31, 2006, challenged the ITA's reliance on certain unaudited financial statements in calculating the cost of production of PTFE, statements that showed higher goodwill expenses than the audited statements, resulting in a higher dumping margin. The court upheld the ITA's choice of accounting statements. Solvay Solexis S.p.A. and Solvay Solexis, Inc. v. U.S., dated June 11, 2009, available at http://www.cit.uscourts.gov/slip_op/Slip_op09/09-54.pdf
CIT Bars Husqvarna from Role in Sawblades AD Case
The CIT ruled that Husvarna Construction Products North America may not enter as an additional defendant - intervenor in the AD case now pending before the CAFC, Diamond Sawblades Manufacturers Coalition v. U.S. et al., because it was not a party to the proceeding earlier. Diamond Sawblades Manufacturers Coalition v. U.S. et al, dated June 5, 2009, available at http://www.cit.uscourts.gov/slip_op/Slip_op09/09-52.pdf
CAFC Says Gas Meter Swivels, Nuts Covered by AD Duty Order
On June 4, 2009, the CAFC determined that gas meter swivels and nuts imported from China by Sango International L.P. are within the scope of the antidumping order titled Certain Malleable Iron Pipe Fittings from the People's Republic of China (A-570-881), in which current AD duty rates range from 7.35% to 111.36% (the China-wide entity rate). Sango International L.P. v. U.S., dated June 4, 2009, available at http://www.cafc.uscourts.gov/opinions/08-1357.pdf