In a Dec. 2 motion for judgment, exporter Kukdo Chemical said the Commerce Department wrongly determined that China’s subsidization of the country’s own chemical industry conferred a transnational countervailable subsidy to it itself, an unrelated Korean producer (Kumho P&B Chemicals v. United States, CIT Consol. # 25-00143).

The Court of International Trade erred in ruling that importer Blue Sky The Color of Imagination's planning calendars are diaries under Harmonized Tariff Schedule subheading 4820.10.2010, the U.S. Court of Appeals for the Federal Circuit held on Dec. 4. Judges Alan Lourie, William Bryson and Raymond Chen said the trade court violated the principle of stare decisis by skirting the CAFC's prior interpretation of the term "diary."

A Wisconsin federal court on Dec. 1 dismissed a case from a former prisoner at the Nunan Chishan Prison in China against Milwaukee Electric Tool and its parent company, Techtronic Industries, for allegedly importing goods made with forced labor. Judge Brett Ludwig of the U.S. District Court for the Eastern District of Wisconsin held that the civil remedy of the Trafficking Victims Protection Act (TVPA), which is the statute the prisoner sued under, doesn't apply to conduct occurring outside the U.S. (Xu Lun v. Milwaukee Electric Tool Corp., E.D. Wis. # 24-803).

The U.S. Court of Appeals for the Federal Circuit on Dec. 2 granted the government's voluntary remand motion for the Commerce Department to reconsider its use of the Cohen's d test in an antidumping duty case in light of the Federal Circuit's decisions in Stupp v. U.S. and Marmen v. U.S. largely invalidating the agency's use of the test, which is used to detect "masked" dumping (Mid Continent Steel & Wire v. United States, Fed. Cir. # 24-1556).

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The Commerce Department unlawfully found that the South Korean government's provision of electricity for less than adequate remuneration (LTAR) was de facto specific based on heavy consumption by the chemical industry, exporter Kumho P&B Chemicals argued in a Dec. 2 motion for summary judgment at the Court of International Trade (Kumho P&B Chemicals v. United States, CIT Consol. # 25-00143).

The Commerce Department failed to adequately explain its treatment of costs needed to convert steel plates into wind towers in the 2021-22 administrative review of the antidumping duty order on utility scale wind towers from South Korea, the Court of International Trade held on Dec. 2. Judge Leo Gordon said the U.S. provided "inadequate" explanation of the decision to use respondent Dongkuk’s reported conversion costs instead of the costs reported by the petitioner, the Wind Tower Trade Coalition.

The Commerce Department abused its discretion in rejecting information submitted by countervailing duty respondent Ternium Mexico regarding three alleged subsidy programs in the CVD investigation on corrosion-resistant steel products, Ternium argued in a Nov. 26 complaint at the Court of International Trade (Ternium Mexico v. United States, CIT # 25-00236).

The U.S. Court of Appeals for the Federal Circuit questioned whether it should grant the government's voluntary remand motion in an antidumping duty case on the Commerce Department's use of the Cohen's d test in light of CAFC's decisions in Stupp v. U.S. and Marmen v. U.S. During oral argument held Dec. 1, Judges Richard Taranto, William Bryson and Tiffany Cunningham appeared ready to grant the motion, asking the parties what specifically the remand order should say (Mid Continent Steel & Wire v. United States, Fed. Cir. # 24-1556).

The U.S. urged the Court of International Trade on Nov. 24 to dismiss conservation group Maui and Hector's Dolphin Defenders NZ's suit seeking an import ban on seafood and seafood products from set net and trawl fisheries off New Zealand's North Island (Maui and Hector's Dolphin Defenders NZ v. National Marine Fisheries Service, CIT # 24-00218).