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Court of International Trade

Summary of Decisions

19-66

On June 3, 2019, in the ongoing case of determining whether or not Plaintiff Midwest Fastener’s zinc and nylon anchor products are considered to be nails, the CIT sustained the Department of Commerce’s final results of the redetermination pursuant to the Court Remand. The CIT concluded that Plaintiff’s zinc and nylon anchors do not function like nails and are considered a separate type of product from nails by the relevant industry. Commerce’s remand results were sustained and Plaintiff Midwest Fastener’s products were excluded from the scope.

19-69

On June 6, the CIT denied Plaintiffs Confederacion de Asociaciones Agricolas del Estado de Sinaloa, Consejo Agricola de Baja California, Asociacion Mexicana de Horticultura Protegida, Asociacion de Productores de Hortalizas del Yaqui y Mayo, and Sistem Producto Tomate (collectively, “Plaintiffs”) motion for a temporary restraining order (“TRO”) and preliminary injunction (“PI”) in the antidumping duty investigation of tomatoes from Mexico. The Court determined that the Plaintiffs had not met their burden to establish the likelihood of success on the merits and irreparable harm absent injunctive relief. They also had failed to establish if the hardships tip in favor of denying the Plaintiff’s motion. The Court also found the public interest to be neutral. For those reasons the CIT denied the plaintiff’s motions. …
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U.S. International Trade Commission

Section 701/731 Proceedings

Investigations
  • Mattresses from the People’s Republic of China: On June 13, 2019, the ITC released the schedule for the final phase of the Antidumping Duty Investigation.
  • Fresh Tomatoes from Mexico: On June 14, 2019, the ITC announced the resumption of the final phase of the Antidumping Duty Investigation.
  • Stainless Steel Kegs from the People’s Republic of China, Germany, and Mexico: On June 17, 2019, the ITC released the schedule of the Final Phase of Countervailing and Antidumping Duty Investigations.
  • Glycine from the People’s Republic of China, India, Japan: On June 21, 2019, the ITC released the final determinations in the Antidumping Duty and Countervailing Duty investigations.
  • Aluminum Wire and Cable from the People’s Republic of China: On June 28, 2019, the ITC released the schedule for the final phase of the Countervailing Duty and Antidumping Duty Investigations.

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Investigations

  • Certain Steel Nails from the Socialist Republic of Vietnam: On June 19, 2019, Commerce released a notice of its Final Scope Ruling and notice of the Amended Final Scope Ruling in the Antidumping and Countervailing duty orders of the subject merchandise.
  • Steel Propane Cylinders: On June 21, 2019, Commerce announced its final determinations in the Antidumping Duty Investigations for the People’s Republic of China and Thailand.
  • Steel Propane Cylinders from the People’s Republic of China: On June 21, 2019, Commerce released the final affirmative Countervailing Duty determination.
  • Carbon Steel Butt-Weld Pipe Fittings from the People’s Republic of China: On June 21, 2019, Commerce issued the final affirmative determination of Circumvention of the Antidumping Duty Order.
  • Glycine from India and Japan: On June 21, 2019, Commerce released the amended final affirmative Antidumping Duty determination.  

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India Loses GSP Preferential Status Effective June 5, 2019

In a sudden announcement after 8pm on Friday May 31, 2019, the President made the anticipated decision that India was to be removed from the Generalized System of Preferences (“GSP”), effective June 5, 2019. The statement issued by the White House claims that the President had “determined that India has not assured the United States that India will provide equitable and reasonable access to its markets.” The end of the GSP eligibility and removal of India’s developing country status comes after holding that status for approximately 30 years and is a deepening indication of the U.S.’s increased protectionist stance in the global trade environment. To see our full post on India losing its GSP status, click here. …
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Court of International Trade

Summary of Decisions

19-52

On May 1, 2019, the CIT sustained Commerce’s remand redetermination results following a countervailing duty investigation for certain hot-rolled steel flat products from the Republic of Korea. The court reviewed two issues on remand, Commerce’s selection of the highest calculated AFA rate and Commerce’s corroboration. Concerning the first issued on the selection of the AFA rate, the CIT found that Plaintiff POSCO did not exhaust its administrative remedies. The second issue presented was whether or not the selected 1.05% AFA rate was corroborated based upon substantial evidence and whether Commerce’s selection of a non-de-minimis AFA rate was appropriate because it was a rate calculated for a cooperating Korean company in another countervailing duty proceeding for a similar program.

19-53

On May 2, 2019, in the case of garage door openers that were redesigned to avoid infringement on a registered patent, the CIT denied the ITC’s motion for a stay pending appeal based on the grounds that the ITC did not meet its burden for a stay. A stay of the preliminary injunction and all other proceedings in this matter was not warranted as: (1) the ITC has not demonstrated a “strong showing” of likelihood of success on the merits, (2) the ITC has not demonstrated that it will be irreparably injured absent a stay in this action, (3) the issuance of a stay would substantially injure another party, the Plaintiff, and (4) the public interest is neutral. For those reasons, the CIT denied the ITC’s motion for a stay. …
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U.S. International Trade Commission

Section 701/731 Proceedings

Investigations
  • Steel Trailer Wheels from the People’s Republic of China: On May 2, 2019, the ITC released the schedule of the final phase of Countervailing Duty and Antidumping Duty Investigations.
  • Fresh Tomatoes from Mexico: On May 14, 2019, the ITC announced that it would terminate its review of the subject merchandise since there is no longer a suspension agreement in place.
  • Steel Wheels from the People’s Republic of China: On May 17, 2019, the ITC announced its final determinations in the Antidumping Duty and Countervailing Duty investigations and found that the importation of steel wheels has caused material injury to a U.S. industry.
  • Laminated Woven Sacks from Vietnam: On May 30, 2019, the ITC announced its final determinations in the Antidumping Duty and Countervailing Duty investigations and found that the importation of the subject merchandise has caused material injury to a U.S. industry.

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Investigations

  • Glycine from India: On May 1, 2019, Commerce released its final determinations for both the Antidumping Duty and Countervailing Duty Investigation.
  • Glycine from the People’s Republic of China: On May 1, 2019, Commerce released its final affirmative Countervailing Duty determination.
  • Glycine from Japan: On May 1, 2019, Commerce issued its final Antidumping Duty determination.
  • Large Diameter Welded Pipe: On May 2, 2019, Commerce issued an amended final affirmative antidumping determination and antidumping duty order to the following countries: Greece
  • Turkey
  • Republic of Korea
  • Certain Quartz Surface Products from the People’s Republic of China: On May 23, 2019, Commerce released both the final affirmative Countervailing Duty and final affirmative Antidumping Duty determinations.

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USTR Publishes Notice on Increase in Section 301 List 3 Tariff Rate

On May 8, 2019, USTR released its federal register notice on the tariff increase for the third tranche (List 3) Section 301 tariffs on China. The duty rate on the estimated $200 billion worth of Chinese products will increase from 10% to 25% effective 12:01am ET on Friday, May 10, 2019. The notice also announces that an exclusion process will be instituted for these products in a separate notice.

The rate increase to 25% means that entries of goods

  1. entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on May 10, 2019, and
  2. exported to the United States on or after May 10, 2019 will now be subject to an additional tariff of 25%. Entries must be subject to both qualifiers-meaning that if a shipment has been exported prior to May 10, 2019 it will still be subject to the 10% duty rate.  However, if the shipment is exported after 12:01am ET on May 10 the 25% duty rate will apply. To see our full post, click here.

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Court of International Trade

Summary of Decisions

19-41

On April 1, 2019, the CIT sustained and further remanded Commerce’s remand redetermination in the 2014-2015 administrative review of the antidumping duty order on welded carbon steel standard pipe and tube products from Turkey. Commerce’s action on remand negated the statutory drawback adjustment that Plaintiff Toscelik earned by exporting its finished product to the United States and impinges on the agency’s ability to make a fair comparison. Commerce reasonably relied on Plaintff Toscelik’s questionnaire responses and concluded that Commerce’s grant of circumstances of sale adjustment was supported by substantial evidence. …
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U.S. International Trade Commission

Section 701/731 Proceedings

Investigations
  • Certain Pasta from Italy and Turkey: On April 10, 2019, the ITC announced its determination that the revocation on certain pasta from Italy and Turkey would lead to the continuation or recurrence of material injury to an industry in the United States.
  • Cast Iron Soil Pipe from the People’s Republic of China: On April 12, 2019, the ITC announced its final determinations in the AD and CVD investigation that industries in the US would be materially injured by the importation of the subject merchandise.
  • Larges Diameter Welded Pipe from Canada, Greece, Korea, and Turkey: On April 19, 2019, the ITC announced its final determination that an industry in the United States is materially injured by the importation of the subject merchandise.
  • Steel Propane Cylinders from China and Thailand: On April 29, 2019, the ITC issued a revised schedule of the final Phase of the Countervailing Duty and Anti-Dumping Duty Investigations.
  • Certain Large Residential Washers from Korea and Mexico: On April 30, 2019, the ITC released its final determinations on whether or not the continuation of the subject merchandise from these countries would continue to cause material injury in the United States.

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