U.S. solar cell company Auxin Solar and solar module designer Concept Clean Energy argued on July 22 that Section 318(a) of the Trade Act of 1930 didn't permit the Commerce Department to pause antidumping and countervailing duties on solar cells and modules from four Southeast Asian countries found to be circumventing the AD/CVD orders on these products from China (Auxin Solar v. United States, CIT # 23-00274).
The following lawsuits were recently filed at the Court of International Trade:
The U.S. told the U.S. Court of Appeals for the Federal Circuit on July 19 that importer Nutricia North America's medical foods should be classified as "food preparations" and not "medicaments" (Nutricia North America v. U.S., Fed. Cir. # 24-1436).
In a pair of opinions published July 22, Court of International Trade Judge Timothy Reif granted motions from defendant-intervenors (see 2305190068) and the International Trade Commission (see 2309010004) to dismiss two cases brought by Turkish steel exporter Eregli Demir ve Celik Fabrikalari regarding the same sunset review of an antidumping duty order on hot-rolled steel flat products from Turkey.
The Korean government filed a brief in defense of a South Korean steel exporter and plaintiff July 12, adding its own opinion directly to a case discussing the long-standing controversy surrounding the Commerce Department’s finding of de jure specificity in the Korean steel industry’s use of Korea’s cap-and-trade emissions program (see 2406200062) (POSCO v. U.S., CIT # 24-00006).
Importers Yellow Bird and Vantage Point filed a complaint at the Court of International Trade July 18 arguing that a 1955 Jaguar race car, driven in competitions by multiple Australian racing drivers, is a collector's item, not a used motor vehicle (Yellowbird Enterprises v. U.S., CIT # 24-00121).
Court of International Trade Judge Timothy Reif released a pair of opinions July 22 dismissing two of a hot-rolled steel flat product exporter's three cases. One, in which Turkish exporter Eregli Demir ve Celik Fabrikalari sought a sunset review of an AD investigation, was made moot by a subsequent sunset review; the other was incorrectly brought under Section 1581(i) instead of under Section 1581(c), even if that would have required the exporter to file based on “speculation,” the judge said (Eregli Demir ve Celik Fabrikalari v. U.S. International Trade Commission, CIT # 22-003549, -50).
The following lawsuit was recently filed at the Court of International Trade:
On appeal, the U.S. and a petitioner each defended the Court of International Trade’s acceptance of the Commerce Department's thrice-remanded (see 2401190037) countervailing duty calculation for Russian phosphate fertilizer exporters (The Mosaic Company v. U.S., Fed. Cir. # 21-00117, -20, -21).
Mandatory antidumping duty respondent Linyi Chengen Import and Export Co., along with 25 plywood exporters, urged the U.S. Court of Appeals for the Federal Circuit to uphold the Court of International Trade's decision giving Chengen and the separate rate respondents a zero percent dumping margin in the AD investigation on hardwood plywood from China (Linyi Chengen Import and Export Co. v. U.S., Fed. Cir. # 24-1258).