The U.S. in a June 25 brief defended the Commerce Department's finding that 16 of exporter Baroque Timber Industries (Zhongshan) Co.'s input suppliers are government authorities based on adverse facts available, which was used due to the Chinese government's failure to provide adequate information (Baroque Timber Industries (Zhongshan) Co. v. United States, CIT # 23-00136).
The Commerce Department can't extend an antidumping and countervailing duty circumvention finding based on adverse facts available for one mandatory respondent on a "country-wide basis," exporter Trina Solar Co. argued June 25. Filing a motion for judgment at the Court of International Trade, Trina said Commerce made "no company-specific findings" on whether all the cooperative companies were circumventing the AD/CVD orders on Chinese solar cells and, as a matter of law, can't impose the circumvention finding on those companies (Trina Solar (Vietnam) Science & Technology Co. v. U.S., CIT # 23-00228).
The Commerce Department reduced the antidumping duty rate for a collapsed entity, made up of exporter Siemens Gamesa, affiliated supplier Windar Renovables and five of Windar's subsidiaries, from 73% to 28.55% after reverting to the use of partial adverse facts available for the entity (Siemens Gamesa Renewable Energy v. U.S., CIT # 21-00449).
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CBP announced a new Enforce and Protect Act investigation, saying it has reasonable suspicion that Global Natural Ingredients evaded the antidumping and countervailing duty orders on xanthan gum from China and it has enacted interim measures against the importer.
The Court of International Trade in a June 13 decision made public June 24 said the Commerce Department properly found that Aussie exporter BlueScope Steel (AIS) didn't reimburse its affiliated importer BlueScope Steel Americas (BSA) for antidumping duties. Sustaining the second review of the AD order on hot-rolled steel flat products from Australia, Judge Richard Eaton said that Commerce also properly declined to make a "standalone deduction" from the constructed export price for "profit resulting from the further manufacture of the steel in the United States."
Exporter Saha Thai Steel Pipe Public Co. on June 21 petitioned the U.S. Court of Appeals for the Federal Circuit for either a panel or en banc rehearing of its decision to include dual-stenciled pipe in the scope of the antidumping duty order on circular welded carbon steel pipes and tubes from Thailand (see 2405150027) (Saha Thai Steel Pipe Public Co. v. United States, Fed. Cir. # 22-2181).
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 International Trade Judge Timothy Reif, during June 13 oral argument, expressed skepticism at Turkish exporter Erdemir's bid to stay in court under Section 1581(i) in its case challenging the International Trade Commission's decision not to hold a reconsideration proceeding regarding whether Turkish hot-rolled steel flat products injured the U.S. market (Eregli Demir ve Celik Fabrikalari v. U.S. International Trade Commission, CIT Consol. # 22-00349).
The Court of International Trade on June 20 said that the Commerce Department's amended antidumping duty finding, excluding Turkish exporter Colakoglu from the AD order on hot-rolled steel from Turkey, doesn't invalidate the International Trade Commission's five-year sunset review of the order.