On October 17, 2023, the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC (“USW”) (collectively “Petitioners”) filed a petition for theContinue Reading Petition Summary: Imports of Truck and Bus Tires from Thailand
On October 4, 2023, U.S. Aluminum Extruders Coalition (“the Coalition”) and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (“United Steelworkers” or…Continue Reading Petition Summary: Aluminum Extrusions from Colombia, the Dominican Republic, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, the People’s Republic of China, South Korea, Taiwan, Thailand, Turkey, the United Arab Emirates and Vietnam
On August 18, 2023, the Department of Commerce (“Commerce”) announced its final determination that certain solar cells and modules exported from Cambodia, Malaysia, Thailand, and Vietnam are circumventing the antidumping…Continue Reading Commerce Issues Final Determination on Circumvention of Solar Cells and Modules from Cambodia, Malaysia, Thailand, and Vietnam
On April 25, 2023, Edsal Manufacturing Co., Inc (“Petitioners”), filed a petition for the imposition of antidumping duties on imports of Boltless Steel Shelving Units Prepackaged For Sale from India…Continue Reading Petition Summary: Boltless Steel Shelving Units Prepackaged For Sale From India, Malaysia, Taiwan, Thailand, And Vietnam
On December 8, 2022, the Department of Commerce published its anti-circumvention preliminary determination with respect to the four Southeast Asian countries named above. The publication of the preliminary determination triggers…Continue Reading Department of Commerce Sets Deadlines for Certifications in Solar Panels Anti-Circumvention Case Regarding Cambodia, Malaysia, Thailand and Vietnam
On September 16, 2022, the Biden Administration announced the final rule regarding a two-year pause on the imposition of new anticircumvention duties on imports of solar cells and modules from…Continue Reading BIDEN ADMINISTRATION PAUSES NEW SOLAR ANTICIRCUMVENTION TARIFFS WITH FINAL REGULATIONS RELATED TO IMPORTS OF SOLAR PANELS
- 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
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.
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.
Continue Reading May Trade Law Update: Court Decisions
U.S. International Trade Commission
Section 701/731 Proceedings
- 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.