Department of Commerce

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.

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.  

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.

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.

On May 28, 2019, Commerce published in the Federal Register a notice of proposed action and modification of regulations regarding the benefit and specificity in Countervailing Duty Proceedings to address the issue of currency undervaluation in CVD proceedings.  The new regulation will authorize the use of countervailing duties on imports of goods from countries that “undervalue” their currency relative to the U.S. dollar.  While this is still a proposed rule, interested parties may comment on this modification no later than June 27, 2019.

On Wednesday, May 15, 2019, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) announced in a press release that it would add Huawei Technologies Co. Ltd. (“Huawei”) and additional Huawei affiliates to BIS’s Entity List.  BIS’s initial press release stated that this designation would become effective upon its publication in the Federal Register (which is scheduled for May 21, 2019).  However, a copy of the designation action posted in the Federal Register Public Inspection List on Thursday, May 16, 2019 stated that the designation would take effect on its May 16 Public Inspection List display date.  BIS explained that it is making this designation because it determined that “[T]here is reasonable cause to believe that Huawei has been involved in activities contrary to the national security or foreign policy interests of the United States.”  Among other reasons, BIS specifically cited Huawei’s Superseding Indictment in the US District Court for the Eastern District of New York for violating US sanctions against Iran.

Investigations

  • Laminated Woven Sacks from the Socialist Republic of Vietnam: On April 11, 2019, Commerce released its final AD and CVD determinations.

Administrative Reviews

  • Stainless Steel Bar from Brazil: On April 12, 2019, Commerce released the final results of the Antidumping Duty Administrative Review (2017).
  • Uncovered Innerspring Units from the People’s Republic of China: On April 18, 2019, Commerce released the final results of the Antidumping Duty Administrative Review (2017-2018).
  • Large Power Transformers from the Republic of Korea: On April 19, 2019, the final results of the Antidumping Duty Review (2016-2017) were released.
  • Light-Walled Rectangular Pipe and Tube from Mexico: On April 22, 2019, Commerce released its final results for the Antidumping Duty Administrative Review (2016-2017).
  • Certain Steel Nails from the People’s Republic of China: On April 24, 2019, the final results of the Antidumping Duty Administrative review and Final determination of No Shipments (2016-2017) were released.
  • Hydrofluorocarbon Blends from the People’s Republic of China: On April 25, 2019, the final results of the Antidumping Duty Administrative review and final determination of No Shipments (2016-2017) were released.
  • Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China: On April 25, 2019, the final results of the Countervailing Duty Administrative Review (2016) were released.
  • Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China: On April 26, 2019, the final results of the Antidumping Duty Administrative Review and final determination of No Shipments (2016-2017) were released.
  • Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: On April 29, 2019, Commerce released the final results and final determination of No Shipments of the Antidumping Duty Administrative Review (2016-2017).
  • Certain Hot-Rolled Steel Flat Products from Australia: On April 30, 2019, Commerce released the final results of the Antidumping Duty Administrative Review (2016-2017).

On October 11, 2018, the Department of Commerce (Commerce) announced that it is initiating antidumping duty investigations on Refillable Stainless Steel Kegs from Germany, Mexico, and the People’s Republic of China and concurrently initiating a countervailing duty investigation on imports from China.