In a motion for judgment filed Dec. 9, ferrosilicon exporter TNC Kazchrome JSC said the Commerce Department had been wrong to apply adverse facts available to it, resulting in a 265.52% countervailing duty rate, for information it provided early in the CVD investigation (TNC Kazchrome JSC v. United States, CIT # 25-00128).
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).
The Court of International Trade on Dec. 11 sustained the Commerce Department's remand results in the antidumping duty investigation on mobile access equipment from China. Judge M. Miller Baker upheld Commerce's decisions to use Maersk price quotes to value ocean freight and value minor fabricated components using Harmonized Tariff Schedule subheading 8431.20.90 data.
Importer Viecura’s argument that there were facts in its classification case that were in dispute, necessitating a trial, “amount[ed] to vague, unsubstantiated claims,” the U.S. said in a reply brief Dec. 5 (Viecura v. United States, CIT Consol. # 21-00154).
In a Dec. 3 reply supporting its motion for judgment, Nura said that the ITC “did not undertake the analysis that defendants claim is correct” to reach its affirmative critical circumstances finding (Nura USA v. United States, CIT Consol. # 24-00182).
A U.S. epoxy resin trade group said Dec. 3 that the Commerce Department was right to find that South Korea’s provision of low-cost off-peak electricity was specific to the country’s chemical industry (Kumho P&B Chemicals v. United States, CIT Consol. # 25-00143).
As lawsuits seeking refunds of International Emergency Economic Powers Act tariffs at the Court of International Trade continue to mount, lawyers remain uncertain of the refund process that would be followed should the Supreme Court strike down the tariffs, including whether refunds will come via judicial or administrative pathways.
The Court of International Trade's Pay.gov system will undergo maintenance Dec. 13, 6 p.m. to 10 p.m. ET, the court announced. Documents requiring payment with this system can't be filed on CM/ECF during this time.
The following lawsuits were filed recently at the Court of International Trade: