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).

The government "completely" misinterpreted industry abstracts it relied on justify the Commerce Department's classification of backsheet and ethyl vinyl acetate inputs as "sheets" and not "film" for Risen Energy's surrogate values in an antidumping duty review on solar cells from China, Risen argued in a Sept. 7 reply brief at the U.S. Court of Appeals for the Federal Circuit (Risen Energy Co. v. United States, Fed. Cir. # 23-1550).

No record evidence supports the Commerce Department's finding that imports of plywood from Vietnam circumvented the antidumping and countervailing duty orders on certain hardwood plywood products from China, Vietnamese producer and exporter Greatriver Wood said in a Sept. 8 complaint to the Court of International Trade (Greatriver Wood v. U.S., CIT # 23-00155).

The International Trade Commission did not err by declining to resolve an alleged ambiguity in the definition of the domestic like product scope as part of an antidumping duty injury investigation on fabricated structural steel from China, the U.S. Court of Appeals for the Federal Circuit ruled. Upholding the commission's negative injury finding, Judges Jimmie Reyna, William Bryson and Tiffany Cunningham said that nothing in the record showed that the ITC declined to address the issue, as claimed by the Full Member Subgroup of the American Institute of Steel Construction (AISC).

The Court of International Trade in a Sept. 6 opinion rejected a U.S. motion to dismiss cases from three importers challenging the Commerce Department's denial of their Section 233 steel tariff exclusion requests. The government said the cases should be tossed since they concern entries that already had been finally liquidated, but Judge M. Miller Baker held that it's possible for the court to order liquidation in Administrative Procedure Act cases brought under Section 1581(i), even if liquidation is final.

The U.S. and antidumping duty petitioner Wind Tower Trade Coalition failed to respond to the "critical arguments" raised by exporter Dongkuk S&C Co. in a case on the AD investigation on utility scale wind towers from South Korea, Dongkuk told the U.S. Court of Appeals for the Federal Circuit. In a Sept. 1 reply brief, Dongkuk said both the government and the coalition did not, or could not, establish that the Commerce Department relied on substantial evidence when it weight averaged the respondent's steel plate cost for all reported control numbers (CONNUMs) (Dongkuk S&C Co. v. U.S., Fed. Cir. #23-1419).

Byungmin Chae, a Nebraska man who took the customs broker license exam, petitioned the Supreme Court of the U.S. to hear his appeal of his test results. Chae appealed his test results to CBP, the Court of International Trade and the U.S. Court of Appeals for the Federal Circuit, receiving credit for some of the question answers he challenged, but ultimately falling just one correct answer shy of a passing grade on the April 2018 exam (Byungmin Chae v. Janet Yellen, U.S. Sup. Ct. # 23-200).

On remand, CBP reaffirmed its determination that Fedmet Resources Corporation evaded the antidumping and countervailing duty orders on certain magnesia carbon bricks (MCBs) from China, it said in its Sept. 1 remand redetermination to the Court of International Trade. The agency had sought and was granted a voluntary remand to consider several issues raised in Fedmet’s motion for judgment (see 2306290022) (Fedmet Resources v. U.S., CIT # 21-00248).

The Commerce Department must reconsider its decision not to investigate the alleged off-peak sale of electricity for less than adequate remuneration to countervailing respondent POSCO, the Court of International Trade ruled in an Aug. 21 opinion made public Sept. 4. Judge Mark Barnett again remanded the issue after finding that Commerce failed to clearly articulate a standard and apply that standard regarding petitioner Nucor Corp.'s allegation as part of the 2018 review of the CVD order on carbon and alloy steel cut-to-length plate from South Korea.

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