India

The Department of Commerce published its Final Determination in the antidumping (“AD”) and countervailing duty (“CVD”) investigation of Utility Scale Wind Towers from India on October 13, 2021, which investigation was initiated in November 2020. The AD/CVD petition was filed by Wind Tower Trade Coalition (“Petitioner”) and a complete summary of the original petition can be found here.  The mandatory respondent selected by Commerce in both the antidumping and countervailing duty investigation was Vestas Wind Technology India Private Limited (“Vestas”).

In Husch Blackwell’s August 2021 Trade Law Newsletter, you’ll learn about the following updates in international trade and supply chain law:

  • U.S. Customs and Border Protection issued updated guidance for returned goods under HTSUS subheading 9801.00.10
  • Domestic industry filed anti-circumvention cases involving three countries and imports of crystalline silicon photovoltaic (“CSPV”) cells
  • An update

The United States Trade Representative (“USTR”) Katherine Tai announced 25% additional tariffs on approximately $2 billion worth of imported goods from Austria, India, Italy, Spain, Turkey, and the United Kingdom (“UK”), which have adopted Digital Service Taxes (“DSTs”).  However, USTR also immediately suspended the tariffs for 180 days to provide additional time for ongoing multilateral

On March 31, 2021, the Organic Soybean Processors of America, American Natural Processors, LLC, Lester Feed & Grain Co., Organic Production Services, LLC, Professional Proteins Ltd., Sheppard Grain Enterprises, LLC, Simmons Grain Co., Super Soy, LLC, and Tri-State Crush (“Petitioners”), filed a petition for the imposition of antidumping and countervailing duties on imports of organic soybean meal from India.

The United States has updated its list of developing and least-developed countries pertaining to countervailing duty (CVD) law.  The most notable change is that India has been removed from this list due to its share of global trade, one of the several factors considered in creating the list of developing countries.  Prior to the change

Shipping containersOn February 10, 2020, the Department of Commerce (“Commerce”) announced its affirmative final determinations in the AD and CVD investigations of imports of carbon and alloy steel threaded rod from China and India.  See the fact sheet for a summary of the final cash deposit rates and margins.

In the China AD investigation, Commerce calculated

On December 19, 2019, Petitioners FEB Fair Trade Coalition, Ellwood Group, and Finkl Steel filed a petition for the imposition of antidumping on imports of Fluid End Blocks from Germany, India, and Italy and countervailing duties on imports of such products from the People’s Republic of China, Germany, India and Italy.

SCOPE OF THE INVESTIGATION

Court of International Trade

Summary of Decisions

19-79

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.

19-80

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.”