Exporter Shanghai Tainai Bearing Co. and importer C&U Americas brought a suit to the Court of International Trade on Feb. 20 challenging the 2021-22 review of the antidumping duty order on tapered roller bearings from China. The five-count complaint alleges a host of errors in the review, including on Commerce's use of partial adverse facts available (Shanghai Tainai Bearing Co. v. United States, CIT # 24-00025).
The U.S. will appeal a Court of International Trade case on the 2017 review of the countervailing duty order on solar cells from China, it said in a Feb. 16 notice of appeal. The government lost at the trade court with regard to its land benchmark calculation and use of adverse facts available pertaining to China's Export Buyer's Credit Program (see 2312200026).
An antidumping duty petitioner said Feb. 17 that the Commerce Department accidentally included offsets for scrap not produced during the investigation period in its calculation of an exporter's normal value in an administrative review of the antidumping duty orders on Greek pipe (The American Line Pipe Producers Trade Association Committee v. U.S., CIT # 24-00012).
Again remanding the Commerce Department’s final affirmative determination in mattress exporter Zinus Indonesia's antidumping duty case, the Court of International Trade said that facts otherwise available weren't warranted in Commerce's construction of the exporter’s export price and that the department needed to consider new evidence in constructing its selling expenses.
A Chinese ball bearings exporter asked for another remand of an antidumping duty review on its products after the Commerce Department exchanged its adverse facts available AD rate for one based on neutral facts, saying the department double-counted when constructing its products’ values and wrongly capped its revenue related to Section 301 duties (Shanghai Tainai Bearing Co. v. U.S., CIT # 22-00038).
The Court of International Trade on Feb. 20 sustained the Commerce Department's remand results in a case on the 2018 review of the countervailing duty order on corrosion-resistant steel products from South Korea. In its remand redetermination, Commerce lowered exporter Hyundai Steel Co.'s CVD rate to a de minimis mark after removing the subsidy attributed to the company's usage rights for the North Incheon Harbor in South Korea (see 2401240062) (Hyundai Steel Co. v. U.S., CIT # 21-00304).
Exporter CVB will appeal a January Court of International Trade decision upholding the International Trade Commission's affirmative injury finding on mattresses from a host of countries to the U.S. Court of Appeals for the Federal Circuit. The trade court found various errors in the ITC's assessment of whether the market industry is segmented but nevertheless sustained the injury determination due to the "harmless error" principle (see 2312200070) (CVB v. U.S., CIT # 21-00288).
A vehicle accessories exporter's products are “steps bars,” as demonstrated by their usual industry use, designs and marketing, not “side protective attachments,” as the exporter claims, the government said Feb. 16 at the Court of International Trade (Keystone Automotive Operations v. U.S., CIT # 21-00215).
Antidumping duty petitioner Mid Continent Steel & Wire told the U.S. Court of Appeals for the Federal Circuit that exporter Oman Fasteners' opposition to its bid to stay the appeal is a strategic delay tactic (Oman Fasteners v. U.S., Fed. Cir. # 24-1350).
An importer said that CBP liquidated 227 of its entries at an incorrect 1.02% AD rather than at the proper de minimis rate, then denied its protests and refused refunds despite a correction from Commerce (PNS Clearance v. U.S., CIT #24-00044).