The Court of International Trade remanded the Commerce Department's antidumping duty investigation on superabsorbent polymers from South Korea in a March 1 confidential opinion. Petitioner Ad Hoc Coalition of American SAP Producers' motion for judgment had argued against Commerce's use of alternative characteristics of superabsorbent polymers supplied by respondent LG Chem to set control numbers (see 2307170007). The petitioner said the use of LG Chem's alternative characteristics is contrary to the agency's established practice (The Ad Hoc Coalition of American SAP Producers v. U.S., CIT # 23-00010).
The Court of International Trade on March 1 rejected importer Diamond Tools Technology's request for attorney fees in its suit challenging CBP's finding that the company evaded the antidumping duty order on diamond sawblades from China. Judge Timothy Reif said that since the case presented two issues of "first impression," the government's position was "substantially justified."
The World Trade Organization extended the 13th Ministerial Conference by one day to "facilitate outcomes," the WTO announced. The conference, which was set to end Feb. 29, was extended to March 1 following consultations by WTO Director-General Ngozi Okonjo-Iweala, MC13 Chair Thani bin Ahmed Al Zeyoudi and minister facilitators.
The U.S. Attorney's Office for the Southern District of New York last week charged Russian oligarch Andrey Kostin, along with Russian national Vadim Wolfson of Austin, Texas, and U.S. citizen Gannon Bond of Edgewater, New Jersey, with conspiracy to violate U.S. sanctions on Russia by providing "funds, goods, and services" to Kostin, a sanctioned party, it said in a news release. (U.S. v. Andrey Kostin, S.D.N.Y. # 24-00091).
Former commodities trader Javier Aguilar was convicted Feb. 23 of violating the Foreign Corrupt Practices Act by bribing officials of Ecuadorian state-owned oil company Petroecuador. The U.S. Attorney's Office for the Eastern District of New York also said Aguilar was found guilty of laundering money used to bribe Ecuadorian officials of Petroecuador and of an affiliate of the Mexican state-owned oil company Pemex. He faces a maximum 30-year prison stint.
Nestle USA last week filed a motion opposing class certification in a lawsuit alleging that it "deceptively labels its chocolate as a sustainable, fair trade product" when its cocoa beans are allegedly farmed using child and trafficked labor in West Africa (Renee Walker v. Nestle USA, S.D. Cal. # 19-00723).
The U.S. and importer Siffron filed a pair of briefs at the U.S. Court of Appeals for the Federal Circuit defending the Commerce Department's finding that Siffron's shelf dividers are outside the scope of the antidumping and countervailing duty orders on flexible magnets from China (Magnum Magnetics Corp. v. U.S., Fed. Cir. # 24-1164).
The Solar Energy Industries Association argued that the U.S. Court of Appeals for the Federal Circuit used the "right tools" of statutory construction to answer the "wrong question" of agency deference in sustaining President Donald Trump's revocation of a tariff exclusion for bifacial solar panels. Filing a response on Feb. 28 to the government's opposition to SEIA's rehearing en banc motion, the industry group said that the U.S. didn't dispute, and "thus concedes," that the Maple Leaf deferential standard is "deeply out of step" with the law set by the Supreme Court, CAFC and other circuit courts (Solar Energy Industries Association v. United States, Fed. Cir. # 22-1392).
The Court of International Trade in a decision made public Feb. 29 rejected Chinese printer cartridge exporter Ninestar Corp.'s motion for a preliminary injunction against its designation on the Uyghur Forced Labor Prevention Act Entity List. Judge Gary Katzmann said the company was unlikely to succeed on the merits of its claims, failed to show that it would suffer irreparable harm absent the injunction and that the balance of equities and public interest favored the government.
Forty-eight World Trade Organization members adopted a "comprehensive plan" at the 13th Ministerial Conference to try to phase out or eliminate harmful fossil fuel subsidies, the WTO announced Feb. 27. The members, including countries in South America, Europe and the Pacific Islands, hope to make progress on the effort this year and next ahead of the next ministerial conference, the WTO said. The effort, called the Fossil Fuel Subsidy Reform initiative, aims to boost transparency surrounding fossil fuel subsidies, "tackle crisis support measures," and identify key fossil fuel subsidy types and different ways to "reform, reduce and eliminate them."