The U.S. on May 10 told the U.S. Court of Appeals for the Federal Circuit that the Court of International Trade "improperly relied on extra-record information" in rejecting the Commerce Department's final determination in the antidumping duty investigation on hardwood plywood from China (Linyi Chengen Import and Export Co. v. United States, Fed. Cir. # 24-1258).
The following lawsuits were recently filed at the Court of International Trade:
The U.S. moved for a voluntary remand at the Court of International Trade to reconsider its decision to reject importer LE Commodities' requests for exclusions from Section 232 steel and aluminum tariffs. The government said it will "ensure that it appropriately addresses the record evidence" on remand. LE Commodities assented to the remand bid (LE Commodities v. United States, CIT # 23-00220).
Even if the public can deduce some trends or information about a company's confidential product information from publicly available sources, that doesn't "negate the confidential nature of the information submitted" as part of an International Trade Commission investigation, the ITC told the Court of International Trade on May 8 (OCP v. U.S., CIT Consol. # 21-00219).
The Court of International Trade on May 9 allowed a case to proceed against the Commerce Department's pause of antidumping and countervailing duties on Southeast Asian solar panels, rejecting motions to dismiss from the government and nine solar cell importers and exporters.
The U.K. High Court of Justice on May 3 said funds are subject to sanctions when a party can prove that the funds are being "in fact controlled" by a sanctioned party, not when there's "only reasonable cause to suspect" they are controlled by a sanctioned party, according to the Global Sanctions blog.
The Clerk's Office of the U.S. Court of Appeals for the Federal Circuit on May 9 announced that it will nix the live chat feature on its website. The Clerk's Office said parties will still be able to call the office at (202) 275-8000 or reach out via the Contact Us page "during normal operating hours."
The Court of International Trade last week granted exporter Red Sun Energy Long An Co.'s motion to supplement the record after the company noted the Commerce Department "omitted several critical pieces of information from the official certified copy" of the record in the 2023 anti-circumvention inquiry on solar cells from Vietnam it filed with the court (Red Sun Energy Long An Co. v. U.S., CIT # 23-00229).
The Court of International Trade in a May 1 decision made public May 9 upheld the Commerce Department's decision to use adverse facts available against mandatory respondent Risen Energy Co., though it remanded the methodology used to come up with the AFA rate. Judge Claire Kelly said that Commerce failed to pick from facts available and "instead created facts by manipulating evidence on the record."
Former Deputy U.S. Trade Representative Jayme White will join Kelley Drye as a senior international trade adviser starting May 13 in the international trade practice group, the firm announced. White joined USTR in 2021, engaging with nations in the Western Hemisphere, Europe and the Middle East. USTR noted his departure in October, saying he led the enforcement of the USMCA, along with the global deal on sustainable steel and aluminum and negotiations on a critical minerals agreement. Prior to joining USTR, White worked in the office of then-Rep. Jim McDermott, D-Wash., and as chief adviser for international competitiveness and innovation for the Senate Finance Committee.