Marble importer Stoneline Group filed suit in a New York federal court against Liberty Mutual Insurance Co. for breach of contract regarding an insurance policy covering a large shipment of tumbled beige marble stone from Turkey. Filing a complaint on Sept. 14 in the U.S. District Court for the Southern District of New York, Stoneline said Liberty owes it nearly $6.2 million for all the costs it incurred shipping the goods from Turkey to Florida, then re-exporting the products to the Dominican Republic after it found the shipment was contaminated with pests (Stoneline Group v. Liberty Mutual Insurance Co., S.D.N.Y. #23-08115).
The Court of International Trade in a Sept. 14 opinion upheld parts and sent back parts of the Commerce Department's countervailing duty investigation on phosphate fertilizers from Morocco.
Vietnam's Ministry of Industry and Trade asked the Commerce Department to conduct a review of the country's status as a non-market economy, telling the agency that the nation's "achievements in market opening and integration into the regional and global economy" stand as grounds for review. Seeking to build on the back of the 2013 comprehensive partnership agreement between the U.S. and Vietnam, the ministry asked for a changed circumstances review of its NME status.
The Commerce Department properly used the Turkish lira to value exporter Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi's home-market sales as part of the 2018-19 review of the antidumping duty order on cold-rolled steel flat products from Turkey, the Court of International Trade ruled in a Sept. 14 opinion. Judge M. Miller Baker said Commerce's use of the lira didn't violate its past practice or the established reasons underlying this practice.
The Commerce Department must consider evidence on remand regarding the control antidumping duty respondent Shanghai Tainai could have exerted over its suppliers before the agency hits the company with partial adverse facts available, the Court of International Trade ruled. Issuing the Sept. 14 opinion in a case on the 2019-20 review of the AD order on tapered roller bearings from China, Judge Stephen Vaden said Commerce failed to consider the factors set by the U.S. Court of Appeals for the Federal Circuit in using AFA on a fully cooperative respondent that "lacks the ability to control its suppliers."
The International Trade Commission's decision to find that freight rail couplers from China and Mexico injured the domestic industry was not backed by substantial evidence, given its finding in a separate, previously conducted investigation that the couplers just from China did not injure the U.S. industry, importer Wabtec Corp. argued in a Sept. 13 complaint at the Court of International Trade (Wabtec Corp. v. U.S., CIT # 23-00157).
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The Commerce department revised the antidumping margin for Italian steel exporter Officine Tecnosider to zero percent in its Sept. 11 remand results. The department reached its revised rate using the quarterly cost of production methodology instead of its standard annual analysis (Officine Tecnosider v. United States, CIT # 23-00001).
The Court of International Trade in a Sept. 12 opinion dismissed two claims in an antidumping duty review case, saying success on the arguments would not lead to a changed dumping margin for respondents HiSteel Co. and Dong-a-Steel Co. The claims challenged the Commerce Department's use of the transactions disregarded rule applied to HiSteel's reported costs of slitting services and its adjustment of HiSteel's reported scrap offset. Judge Gary Katzmann said HiSteel's alleged injuries are more "conjectural or hypothetical" than "actual or imminent."
The Commerce Department can't use information it knows to be incorrect, exporter Nagase said in its Sept. 8 remand comments to the Court of International Trade. In its Aug. 9 remand redetermination (see 2308100028) covering the 2018-20 administrative review of the antidumping duty order on glycine from Japan, Commerce knew that the constructed export price value sales were incorrect but used those values anyway despite correct information on the record, Nagase said. The court can't sustain a determination created using knowingly false information, Nagase said, arguing for another remand (Nagase & Co. v. U.S., CIT # 21-00574).