The Court of International Trade ruled that laser sintering machines that use an additive manufacturing process to build metal and plastic objects are correctly classified under residual provisions for machinery, instead of as machine tools or laser welders. Both EOS and the government argued that technology in each category has advanced beyond what the writers of the Harmonized Tariff Schedule provisions for those products could have anticipated. But CIT, turning to common definitions of each, said neither category could be stretched to include the laser sintering machines.
A listing of recent antidumping and countervailing duty messages from the International Trade Administration posted to CBP's website May 13, 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 addcvd.cbp.gov. (CBP occasionally adds backdated messages without otherwise indicating which message was added. ITT will include a message date in parentheses in such cases.)
The Commerce Department published notices in the May 13 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 corrected a company name in its April 15 notice of final results of the antidumping duty administrative review on magnesia carbon bricks from China (A-570-954) (see 13041220). It said the correct name for the company at issue, is Fengchi Imp. and Exp. Co., Ltd. of Haicheng City. Commerce had added “and Fengchi Refractories to the company’s name in error. Fengchi’s 236% AD rate remains unchanged.
The Commerce Department issued the final results of the antidumping duty administrative review on carbon and certain alloy steel wire rod from Mexico (A-201-830). The agency calculated an AD rate of 12.08 percent for Deacero,1 a slight decrease from the preliminary rate. The new rate is effective May 14.
The Commerce Department is beginning an inquiry to determine whether imports of unfinished “t-shirt” bags are circumventing the antidumping duty order on polyethylene retails carrier bags from China (A-570-886). According to domestic industry, several importers are bringing in bags from China that require so little processing after importation that they should be considered subject to the order.
Book covers do not have to be rigid to meet an antidumping duty order scope exclusion for paper that is case bound through the inclusion of binders board, a spine strip, and cover wrap, said the Commerce Department. So Franklin Mill’s notebooks fall outside of the scope of the AD duty order on lined paper products from China (A-570-901), it said in a final ruling.
The Commerce Department issued the preliminary results of its antidumping duty administrative review on polyethylene retail carrier bags from Thailand (A-549-821). The only individually reviewed company in the review, Trinity Pac, failed to cooperate and so was preliminarily assigned an adverse facts available (AFA) AD rate, Commerce said. The company had filed for dissolution and liquidation during the review, but its former corporate officers didn't acknowledge Commerce's questionnaires, it said. The agency also found that TPN FlexPac had no reviewable shipments during the period of review. These preliminary results are not in effect. Commerce may modify them in the final results of this review and change the estimated AD cash deposit rate for these companies.
The antidumping duty investigation of diffusion-annealed, nickel-plated flat-rolled steel from Japan is set to continue, following the International Trade Commission’s preliminary finding that imports of the merchandise is injuring U.S. industry. The ITC voted 5-1 in favor of an injury finding. The Commerce Department initiated its investigation April 23 (see 13042217).
Consumer Product Safety Commission announced the following voluntary recalls May 10 (country of manufacture in parentheses):