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Nithya Nagarajan

Nithya’s extensive background in U.S. trade issues spans 25 years and includes various roles in a number of federal government agencies, including the Department of Commerce Department of Justice, and the U.S. Court of International Trade. She assists clients with administrative and regulatory actions before the Department of Commerce, International Trade Commission and U.S. Customs and Border Protection (CBP) and defends clients in appeals before the Court of International Trade, Court of Appeals for the Federal Circuit, NAFTA panels and the World Trade Organization. In addition to her body of U.S. experience, Nithya is also well-versed in international trade issues in China and India.

Contact:Read more about Nithya Nagarajan

Court of International Trade

Summary of Decisions

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On August 1, 2019, the CIT remanded Commerce’s remand redetermination in the administrative review of carbon and certain alloy steel wire rod from Mexico. The court found that Commerce’s remand results did not comply with the court’s order and the decision by Commerce to apply a 40.52% AFA-rate to Plaintiff Deacero is unsupported by substantial evidence.

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On August 1, 2019, the court sustained Commerce’s remand redetermination in the first administrative review of steel concrete reinforcing bar from Mexico. The CIT found that Commerce’s decision not to collapse six non-producing fixed asset owning companies on remand complied with the court’s order and was supported by substantial evidence. Additionally, Commerce’s reliance on the cost experiences of the collapsed fixed asset owners to value the non-collapsed companies and decision not to apply total or partial facts available with an adverse inference to the respondent were sustained.

Section 701/731 Proceedings

Investigations

  • Magnesium from Israel: On August 5, 2019, the ITC released the schedule of the final phase of Countervailing Duty and Antidumping Duty Investigations.
  • Fresh Tomatoes from Mexico: On August 7, 2019, the ITC released the schedule of the final phase of the Antidumping Duty Investigation.
  • Steel Propane Cylinders from the People’s Republic of China and Thailand: On August 9, 2019, the ITC released the final determinations for both the Antidumping Duty and Countervailing Duty Investigations.
  • Vertical Metal File Cabinets from the People’s Republic of China: On August 21, 2019, the ITC released the schedule of the final phase of the Countervailing Duty and Antidumping Duty Investigations.
  • Glycine from Thailand: On August 21, 2019, the ITC announced in its final determination that it would be terminating the Countervailing Duty Investigation.
  • Glycine from Thailand: On August 23, 2019, the ITC announced the final schedule of the final phase of the Antidumping Duty Investigation.
  • Acetone from Belgium, Korea, Singapore, South Africa, and Spain: On August 26, 2019, the ITC released the schedule of the final phase of the Antidumping Duty Investigation.
  • Carbon and Alloy Steel Threaded Rod from the People’s Republic of China, India, Taiwan, and Thailand: On August 27, 2019, the ITC released the schedule of the final phase of the Countervailing Duty and Antidumping Duty Investigations.
  • Steel Trailer Wheels from the People’s Republic of China: On August 28, 2019, the ITC announced in its final determination that imports of the subject merchandise have caused material injury to a U.S. industry.

Investigations

  • Glycine from Thailand: On August 5, 2019, Commerce released its final negative Countervailing Duty determination and final negative Critical Circumstances determination.
  • Glycine from Thailand: On August 5, 2019, Commerce released its final determination in the Antidumping Duty Investigation and final affirmative determination of Critical Circumstances in Part.
  • Aluminum Extrusions from the People’s Republic of China: On August 12, 2019, Commerce announced the final affirmative determination of Circumvention of the Antidumping Duty and Countervailing Duty Orders.
  • Steel Propane Cylinders from the People’s Republic of China and Thailand: On August 15, 2019, Commerce released the amended final determinations in the Antidumping Duty Investigation.
  • Refillable Stainless Steel Kegs from Mexico: On August 19, 2019, Commerce released the final affirmative determination in the Antidumping Duty Investigation and final determination of Critical Circumstances.
  • Certain Polyester Staple Fiber from the Republic of Korea: On August 28, 2019, Commerce issued a notice of the final results of the Antidumping Duty Changed Circumstances Review.

President Trump Announces Tariffs on $300 Billion of Chinese Products

On Thursday, August 1, 2019, President Trump announced via twitter an additional 10% tariff on $300 billion worth of Chinese products (“List 4”). This is the fourth round of tariffs in the ongoing trade war between the U.S. and China. The List 4 tariffs were proposed on May 13, 2019 (see our previous post here).

President Trump indicated that the tariffs will begin on September 1, 2019 at a 10% duty rate and come as a result of China not purchasing large quantities of U.S. agricultural products and its continued sales of fentanyl. To see the full post on President Trump’s tariffs, click here.

The Office of the U.S. Trade Representative (“USTR”) announced on August 13, 2019 that several goods included on the upcoming tranche 4 of Section 301 tariffs, including laptops, computer monitors, cell phones, video game consoles, certain toys and certain items of footwear and clothing, will not face additional 10 percent tariffs until December 15, 2019. The agency also said there will be some products excluded entirely from the new set of tariffs for health, safety, national security or “other factors.” 

Court of International Trade

Summary of Decisions

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On July 1, 2019, in the ongoing antidumping and countervailing duty orders on aluminum extrusions from the People’s Republic of China, the Court concluded that jurisdiction over this action exists because Plaintiff Perfectus’s complaint seeking review of the scope ruling was filed within thirty days of the mailing by post of that ruling as required by statute and was therefore timely and the Court sustains Commerce’s finding that the pallet products fall within the plain language of the scope of the Orders.

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On July 2, 2019, in the classification case of stringed light sets, the Court granted Plaintiff Target’s motion for summary judgment and denied the Defendant’s cross-motion. The CIT concluded that the subject merchandise based on the principal of use and commercial fungibility with other products was incorrectly classified by Customs. In the Opinion, the CIT stated, “there can be no genuine issue of material fact that the lighting sets at issue are not principally used as Christmas tree lights and are not fungible with Christmas tree lights.”

U.S. International Trade Commission

Section 701/731 Proceedings

Investigations
  • Quartz Surface Products from the People’s Republic of China: On July 5, 2019, the ITC released the final determinations in the Antidumping Duty and Countervailing Duty Investigations.
  • Steel Trailer Wheels from the People’s Republic of China: On July 23, 2019, the ITC released the final revised schedule for the Antidumping and Countervailing Duty Investigations.
  • Polyester Textured Yarn from the People’s Republic of China: On July 29, 2019, the ITC released the final schedules for the Final Phase of the Countervailing Duty and Antidumping Duty Investigations.

Investigations

  • Certain Steel Wheels 12 to 16.5 Inches in Diameter from the People’s Republic of China: On July 9, 2019, Commerce released the final affirmative Antidumping Duty and Countervailing Duty determinations and final affirmative determinations of Critical Circumstances.
  • Diamond Sawblades and Parts Thereof: On July 16, 2019, Commerce released its final determination of Anti-Circumvention Inquiry.
  • Certain Steel Racks and Parts Thereof from the People’s: On July 24, 2019, Commerce released the final affirmative Countervailing Duty determination and Antidumping Duty determination.
  • Glycine from the People’s Republic of China: On July 25, 2019, Commerce released a notice of correction to the final affirmative Countervailing Duty determination and Countervailing Duty Order.

USTR Proposes New Tariffs on EU Products under Section 301

The Office of the U.S. Trade Representative (USTR) announced on July 1, 2019 a proposed list of tariffs on approximately $4 billion worth of products from the European Union (EU). This is a supplemental list to the April 12, 2019 proposed tariffs with an approximate trade value of $12 billion.

According to USTR, this action is designed to pressure the EU to implement the World Trade Organization’s (WTO) Dispute Settlement Body recommendations in regard to the United States’ WTO dispute against the EU’s subsidies on large civil aircraft.

Interested parties can appear at a public hearing or file comments on the proposed list.