The Commerce Department misapplied its regulations regarding the filing of ministerial error allegations during an antidumping duty administrative review, the Court of International Trade held on Dec. 15. Judge Timothy Stanceu said Commerce erred in only allowing the petitioner in an AD review to raise ministerial error allegations regarding the final results that couldn't have been raised in the petitioner's case brief, finding that this cut against the "express requirement of Section 751(h)."

Three wildlife advocacy groups urged the Court of International Trade to compel the U.S. to comply with its settlement agreement with the groups by requiring the National Marine Fisheries Service (NMFS) to bar the importation of fish and fish products from all harvesting nations that don't meet Marine Mammal Protect Act (MMPA) standards (Natural Resources Defense Council v. Howard Lutnick, CIT # 24-00148).

The Court of International Trade denied a group of importers' motion for a preliminary injunction against liquidation of their entries subject to tariffs imposed under the International Emergency Economic Powers Act on the basis that the trade court has the power to order reliquidation of the entries if the Supreme Court strikes down the IEEPA tariffs.

The Court of International Trade on Dec. 12 denied the government's motion for reconsideration of the trade court's previous decision to vacate CBP's finding that Dominican exporter Kingtom Aluminio made its aluminum extrusions with forced labor. Although Judge Timothy Reif said he made a mistake of fact in the initial decision, the mistake was a "harmless error," and that no mistake of law was made.

The U.S. on Dec. 11 filed its opposition to a motion for a preliminary injunction in dozens of cases filed by Crowell & Moring seeking refunds of tariffs imposed under the International Emergency Economic Powers Act (AGS Company Automotive Solutions v. United States, CIT Consol. # 25-00255).

Attorneys at Crowell & Moring asked the Court of International Trade on Dec. 11 for a hearing regarding its motion for a preliminary injunction in its lead case seeking refunds from tariffs imposed under the International Emergency Economic Powers Act (AGS Company Automotive Solutions v. United States, CIT # 25-00255).

The Court of International Trade "rewrote" a precedential decision from the U.S. Court of Appeals for the Federal Circuit and "effectively nullified" three AD/CVD orders on magnesia carbon bricks (MCBs) from China when it held that MCBs that contain any amount of alumina are excluded from the orders, the Magnesia Carbon Bricks Fair Trade Committee said (Fedmet Resources v. United States, Fed. Cir. # 26-1160).

The Commerce Department excluded exporter Export Packers Company's individually quick frozen cooked garlic cloves from the scope of the antidumping duty order on fresh garlic from China on remand at the Court of International Trade. Submitting its remand results on Dec. 9 under protest, Commerce said that while it disagrees with the trade court's reasoning for remanding the case, it's respecting the court's ruling and following "the Court's logic, under protest, to its natural conclusion" and excluding the company's products from the AD order (Export Packers Company v. United States, CIT # 24-00061).

The Commerce Department dropped its finding that a South Korean electricity subsidy is de facto specific on remand in a case at the Court of International Trade concerning the 2021 administrative review of the countervailing duty order on carbon and alloy steel cut-to-length plate from South Korea (POSCO v. U.S., CIT # 24-00006).

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