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 triggersContinue 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.
On February 21, 2019, Petitioner Vulcan Steel Products, Inc. filed a petition for the imposition of antidumping and countervailing duties on imports of Carbon and Alloy Steel Threaded Rod from China, India, Taiwan, and Thailand.
Continue Reading Petition Summary: Carbon and Alloy Steel Threaded Rod from China, India, Taiwan, and Thailand
On May 22, 2018, Worthington Industries and Manchester Tank & Equipment Co. filed a petition for the imposition of antidumping and countervailing duties on imports of Steel Propane Cylinders from the People’s Republic of China, Taiwan, and Thailand. Commerce initiated the case on June 12, 2018. See the factsheet here.
Continue Reading Petition Summary: Steel Propane Cylinders From China, Taiwan, and Thailand
On March 28, 2018, GEO Specialty Chemicals, Inc. and Chattem Chemicals, Inc. filed a petition for the imposition of antidumping and countervailing duties on imports of glycine from the People’s Republic of China, India, Thailand, and Japan.
Continue Reading Petition Summary: Glycine from China, India, Japan, and Thailand
The Department of Commerce released its reports recommending remedies with respect to the Section 232 investigations of steel and aluminum today, February 16. The steel report was submitted to the White House on January 11, 2018 and started a statutory 90-day clock for the President to make a decision on a course of action. The aluminum report was submitted on January 19, 2018 and similarly started the statutory 90 days for the decision. …
Continue Reading Commerce Releases Steel and Aluminum Section 232 Reports