The U.S. and Indian exporters led by Kisaan Die Tech Private Limited on Sept. 30 reached a settlement in pair of cases on the 2018-19 review of the antidumping duty order on stainless steel flanges from India (Kisaan Die Tech Private Limited v. United States, CIT Consol. # 21-00512).
After the Commerce Department once again refused in an administrative review to investigate an alleged countervailable subsidy provided by the South Korean government, the original investigation’s petitioner claimed the department’s results upon remand (see 2408160038) actually showed a reluctance on Commerce's part to investigate time of use electricity supply systems that can sustain themselves annually (Nucor Corp. v. U.S., CIT # 21-00182).
The Court of International Trade on Oct. 1 ordered that an evidentiary hearing be held on Oct. 16 in a suit from importer Retractable Technologies on the Office of the U.S. Trade Representative's 100% Section 301 tariff hike on needles and syringes. The importer filed the suit to seek a temporary restraining order and a preliminary injunction on the duties, claiming the tariffs could send it out of business (see 2409270025) (Retractable Technologies v. United States, CIT # 24-00185).
A number of plaintiffs in a large case opposing a scope inquiry and finding of circumvention for hardwood plywood raised Sept. 30 the new Loper Bright standard of deference. They said that the whole point of the now-defunct Chevron standard was to delegate authority to agencies in deference to agency expertise for technical issues; the U.S. can’t make the same argument now that that exact argument has been explicitly overturned, they said (Shelter Forest International Acquisition v. U.S., CIT Consol. # 23-00144).
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DOJ and exporters led by Baroque clashed in oral argument Sept. 26 before Court of International Trade Judge Timothy Reif over whether the Commerce Department should look to broader, less specific datasets in calculating Tier 2 world benchmark prices or to smaller, narrower ones (Baroque Timber Industries (Zhongshan) Co. v. U.S., CIT Consol. # 22-00210).
The Court of International Trade on Oct. 2 sustained the Commerce Department's final scope ruling excluding engines with horizontal crankshafts from the scope of the antidumping and countervailing duty orders on vertical shaft engines between 99cc and up to 225cc from China. Commerce excluded the engines from the orders on remand from the trade court. Judge Jennifer Choe-Groves said the agency "complied with the Court's remand order" in excluding the engines.
The U.S. on Sept. 30 told the U.S. Court of Appeals for the Federal Circuit that the Court of International Trade erred in rejecting its efforts to redact parts of the trade court's decision sustaining an International Trade Commission injury determination. The government said CIT "abused its discretion" in publicly disclosing information marked by the commission as business confidential (CVB, Inc. v. United States, Fed. Cir. # 24-1504).
The following lawsuit was recently filed at the Court of International Trade:
The Court of International Trade on Sept. 30 granted a pair of voluntary dismissal motions from importer Travelway Group International on its two import classification cases. Both cases sought Section 301 exclusions for its backpack and bag entries of Harmonized Tariff Schedule subheadings 4202.92.3120 and 4202.92.3131. Counsel for Travelway didn't immediately respond to request for comment (Travelway Group International v. United States, CIT #s 22-00313, 23-00057).