In a move that could lower the “all others” countervailing duty rate on aluminum extrusions from China, the U.S. Court of Appeals for the Federal Circuit ruled on June 3 that the Commerce Department has to include the rates of voluntary respondents in the “all others” rate it calculates in countervailing duty proceedings.
A listing of recent antidumping and countervailing duty messages from the Commerce Department posted to CBP's website June 3, along with the case number(s) and CBP message number, is provided below. The messages are available by searching for the listed CBP message number at http://adcvd.cbp.dhs.gov/adcvdweb.
The Energy Department (DOE) says it intends to change its procedures related to the approval of facilities to export liquefied natural gas (LNG) to non-free trade agreement (FTA) countries. Under the new procedures, DOE would no longer issue conditional approvals while the application awaits a decision on environmental impact by the Federal Energy Regulatory Commission (FERC). The agency would also process applications in the order they become ready, rather than any predetermined order of precedence. Comments are due July 21.
The National Highway Traffic Safety Administration is allowing another 120 days for comments on its proposal to amend its test standards for child restraint systems to include side impact performance requirements. The proposed rule issued in January would apply to child restraint systems used to seat children that weigh up to 40 pounds (see 14012424). It would require additional crash testing to simulate a vehicle-to-vehicle side impact. NHTSA is proposing to make the standards effective three years after publication of an eventual final rule. Comments are now due Oct. 2.
The International Trade Commission published notices in the June 3 Federal Register on the following AD/CV injury, Section 337 patent, and other trade proceedings (any notices that warrant a more detailed summary will be in another ITT article):
The Commerce Department published notices in the June 3 Federal Register on the following AD/CV duty proceedings (any notices that announce changes to AD/CV duty rates, scope, affected firms, or effective dates will be detailed in another ITT article):
The Commerce Department issued the final results of an antidumping duty changed circumstances review on new pneumatic off-the-road tires from China (A-570-912), finding Shandong Linglong Tyre Co., Ltd. is the successor to Zhaoyuan Leo Rubber Co., Ltd. for the purposes of AD duty liability. As in its preliminary results, Commerce found the company underwent a simple name change (see 14041609). Subject merchandise from Shandong Linglong will now be subject to the 12.83% AD duty cash deposit rate formerly assigned to Leo Rubber.
The Commerce Department is lowering to 82.04% the antidumping duty rate for preserved mushrooms from China exported by Blue Field (Sichuan) Food Industrial Co., Ltd. and entered between February 2010 and January 2011. The agency had originally assigned Blue Field an AD rate of 308.33% in an administrative review (see 12091017), but the Court of International Trade told Commerce the rate was too high in November (see 13112530). The new rate will take effect if the CIT decision isn’t appealed. Current cash deposits won’t be affected by this change, because Blue Field was assigned the 308.33% China-wide AD rate in a more recent review (see 14030316).
The Commerce Department is changing the antidumping duty rate for frozen warmwater shrimp from China exported by Hilltop International and entered between February 2008 and January 2010 to the 112.81% China-wide rate, after discovering fraud in several administrative reviews. Commerce is making the changes to its 2008-09 (here) and 2009-10 (here) reviews in response to several agency-requested court remands (see 13011003 and 13052919). The new rates will take effect if the court decisions are not appealed. The changes don’t affect current AD duty cash deposit requirements for frozen warmwater shrimp from China exported by Hilltop, because the company is already subject to the China-wide rate (see 13091120).
On June 2 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of: