The Commerce Department's preliminary application of an adverse facts available rate for a mandatory respondent to more than 40 non-selected respondents in an antidumping duty administrative review on stainless steel flanges from India violates the agency's obligation to calculate accurate rates, the lawyer for some of those non-selected respondents said in a May 4 letter to the agency. Peter Koenig of Squire Patton criticized the agency's practice of selecting a limited number of mandatory respondents in antidumping reviews, finding AFA on the respondents, then applying the erroneously reached higher dumping rate to all other respondents. He noted that, in a recent case involving Jilin Forest Industry Jinqiao Flooring Group, CIT found that this use of Commerce's "Mandatory Respondent Exception" goes against its statutory intention, which was to determine an "accurate all-others rate, based on a weighted average of rates determined for mandatory respondents" (see 2104300079). "Commerce should accurately calculate Chandan’s dumping margin, if not for Chandan (as should), but then for the 44 other Indian companies to whom Commerce is applying the Chandan dumping margin," Koenig's letter said. Chandan, the mandatory respondent, was assigned a 140.38% antidumping duty rate in the preliminary results of the review issued in February, and that rate was also extended to the non-selected respondents.
The Commerce Department and the International Trade Commission published the following Federal Register notices May 5 on AD/CV duty proceedings:
The Commerce Department and the International Trade Commission published the following Federal Register notices May 4 on AD/CV duty proceedings:
The following new requests for antidumping and countervailing duty scope rulings were filed with the Commerce Department during the week of April 26-30:
The Commerce Department and the International Trade Commission published the following Federal Register notices May 3 on AD/CV duty proceedings:
The Commerce Department and the International Trade Commission published the following Federal Register notices April 30 on AD/CV duty proceedings:
The Commerce Department will not modify the scope of its ongoing antidumping and countervailing duty investigations on aluminum foil from Armenia, Brazil, Oman, Russia and Turkey in preliminary AD duty determinations now imminent in the cases, Commerce said in a preliminary scope memorandum issued April 27. The agency ruled against requests from respondents to the investigations to exclude household aluminum foil and thin-gauge foil (with a thickness less than 7 microns), deferring to petitioners’ wishes not to exclude the products. Both products are covered by the scope of the AD/CVD investigations as currently written.
Diamond sawblades made by Protech in Canada from a core and segments each of Chinese and non-Chinese origin are not subject to antidumping duties on diamond sawblades from China (A-570-900), but some are covered by duties nonetheless due to Protech’s partial ineligibility for making the required certifications, the Commerce Department said in a scope ruling issued April 27.
The Commerce Department and the International Trade Commission published the following Federal Register notices April 29 on AD/CV duty proceedings:
Filers of a recent petition for antidumping duties on raw honey Argentina, Brazil, India, Ukraine and Vietnam told the Commerce Department April 23 that the scope of the proposed investigations should be amended to set specific criteria for the filtering out of pollen. The scope clarification, filed by the American Honey Producers Association and the Sioux Honey Association, says “raw honey” is typically unfiltered, as opposed to processed honey that has been filtered to remove pollen, wax and other impurities. While the scope in the petition said that “raw honey has not been filtered to a level that results in the removal of most or all of the pollen,” the petitioners now propose to add the phrase, “e.g., a level that removes pollen to below 25 microns,” to the end of that statement. They say 25 microns is the average size of pollen filtered out by honey packers. “Honey that tests for particulates, including pollen 25 micron or more, remains raw honey for purposes of this investigation,” they said.