The following lawsuits were filed recently at the Court of International Trade:
The Commerce Department properly found that Export Packers Company's individually quick frozen cooked garlic cloves are outside the scope of the antidumping duty order on fresh garlic from China, Export Packers argued in a Jan. 16 brief at the Court of International Trade. The exporter argued that, contrary to petitioner Fresh Garlic Producers Association's claims, the plain language of the scope excludes Export Packers' cooked garlic and other sources, including a separate scope ruling on blanched garlic and Commerce's preliminary determination, don't support the petitioner's arguments (Export Packers Company v. United States, CIT # 24-00061).
The Commerce Department and the International Trade Commission published the following Federal Register notices Jan. 16 on AD/CVD proceedings:
In remand comments, exporter POSCO continued to challenge the Commerce Department’s decision to find that South Korea’s emissions cap-and-trade program provided it a financial benefit, saying the program’s emissions permits were “restriction[s],” not benefits (POSCO v. United States, CIT # 24-00006).
The Commerce Department on Jan. 15 explained more about its finding that exporter Hoa Phat Pipe isn't eligible to certify whether its light-walled rectangular pipe and tube was made using hot-rolled steel from China. After a remand order from the Court of International Trade, Hoa Phat confirmed that it was "unable to track the source of" its hot-rolled steel inputs prior to the inquiry period in the antidumping duty and countervailing duty circumvention proceeding at issue and has no basis to certify the country of origin of its pipe consistent with the agency's practice, Commerce said (Hoa Phat Steel Pipe v. United States, CIT Consol. # 23-00248).
The Commerce Department confirmed its decision to impose a 160% countervailing duty rate for exporter Tau-Ken Temir in the countervailing duty investigation on silicon metal from Kazakhstan despite a remand from the U.S. Court of Appeals for the Federal Circuit (Tau-Ken Temir v. United States, CIT # 21-00173).
The Commerce Department and the International Trade Commission published the following Federal Register notices Jan. 15 on AD/CVD proceedings:
In a motion for judgment filed Jan. 14, petitioners said the Commerce Department was wrong to use exporter OM Materials’ revised information on verification in its antidumping duty investigation on ferrosilicon from Malaysia (CC Metals and Alloys v. United States, CIT # 25-00131).
The Court of International Trade erred in holding that the rule established in the USMCA requiring parties seeking CIT review of antidumping duty and countervailing duty proceedings to provide proper notice is a jurisdictional rule, exporter Pipe & Piling Supplies told the U.S. Court of Appeals for the Federal Circuit in its Jan. 13 opening brief (Pipe & Piling Supplies v. United States, Fed. Cir. # 26-1155).
The Commerce Department and the International Trade Commission published the following Federal Register notices Jan. 14 on AD/CVD proceedings: