The Commerce Department may still use single respondents in antidumping and countervailing duty investigations, despite a recent U.S. Court of Appeals for the Federal Circuit ruling that found fault with the practice in one proceeding, a Justice Department attorney said during Georgetown Law's Annual International Trade Update conference on June 13.

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There is no requirement that an importer intentionally evade duties to be hit by an Enforce and Protect Act investigation, the Court of International Trade ruled in a June 13 opinion. Upholding CBP's finding that importers Ikadan System USA and Weihai Gaosai Metal Product Co. evaded the antidumping and countervailing duty orders on steel grating from China, Judge Leo Gordon rejected the importers' claim that the definition of "evasion" requires a finding of some level of culpability.

The World Trade Organization is steadily headed towards irrelevancy to global trade and is facing a "long, slow sunset," said Peter Harrell, former senior director for international economics and competitiveness at the White House, during remarks at the Georgetown International Trade Update on June 13.

The Commerce Department made no changes its margin calculations for antidumping respondent Zinus Indonesia in its June 9 remand results an a case involving an administrative review on mattresses from India, with the agency saying that it fully addressed the Court of International Trade's remand order in the case and was not required to change its calculations if it fully explained its choices (PT. Zinus Global Indonesia v. U.S., CIT # 21-00277).

The Commerce Department unlawfully expanded the scope of antidumping and countervailing duty orders on magnesia alumina carbon bricks (MAC bricks) from China in a covered merchandise inquiry during an Enforce and Protect Act remand investigation regarding Fedmet's importation of MAC bricks, Fedmet argued in a June 12 complaint at the Court of International Trade (Fedmet Resource Corporation v. U.S., CIT # 23-00117).

Tire exporter Pirelli's claim that the labelling of its board members as "independent" under Italian law requires the Commerce Department to find that the company rebutted the presumption of Chinese state control "misses the mark," the Court of International Trade ruled on June 9. Again upholding the 2017-18 administrative review of the antidumping duty order on passenger vehicle and light truck tires from China, Judge Jennifer Choe-Groves said the question for Commerce is whether Pirelli rebutted the presumption of Chinese state control, not control by another company, which is what the "independent" label measures.

Federal Circuit judges cautioned counsel for importer Katana Racing against arguing whether the U.S. actually stated a claim for which relief can be granted, despite the fact that the Court of International Trade dismissed the case due to an expired statute of limitations. During the June 7 oral argument in the customs penalty suit, Judge Alvin Schall pointed out that the CIT judge did not decide the failure to state a claim issue, while Judge Todd Hughes said he thought it was "very unwise" to make this claim, seeing as argument over the issue would be precluded at the trade court if the appellate court were to rule on it (U.S. v. Katana Racing, Fed. Cir. # 22-1832).

The Court of International Trade granted the Commerce Department's request for a remand to reconsider its calculations of constructed value, CV profit cap and constructed export price profit for countervailing duty respondent Hyundai Steel in the 2019-20 review of the CVD order on oil country tubular goods from South Korea. Hyundai claimed that Commerce's use of exporter SeAH Steel Corp.'s third-country sales data for calculating these figures unreasonably used data that failed to represent Hyundai's actual experience.

DOJ is looking to collect over $10 million in unpaid duties and penalties from Florida businessman Zhe "John" Liu and one of his companies, AB MA Distribution, alleging Liu and AB MA transshipped steel wire hangers through India and Thailand to avoid the payment of antidumping and other duties on steel wire hangers from China, according to a June 7 complaint at the Court of International Trade (U.S. v. Zhe "John" Liu and AB MA Distribution Corporation, CIT # 23-00116).