The Court of International Trade in a June 18 opinion made public June 26 sustained the Commerce Department's decision to pick a second mandatory respondent in an AD review of passenger vehicle and light truck tires from China, following a U.S. Court of Appeals for the Federal Circuit decision saying the agency couldn't use just one. Judge Mark Barnett said that Commerce reasonably said it could look at two respondents, despite the temporal limitations on going back and picking another. However, the court remanded Commerce's method of picking the respondent, remanding the agency's decision to leave exporter Shandong Linglong Tyre Co. off the list. Barnett also remanded Commerce's rejection of various companies' requests for separate rate status.
The Commerce Department can't extend an antidumping and countervailing duty circumvention finding based on adverse facts available for one mandatory respondent on a "country-wide basis," exporter Trina Solar Co. argued June 25. Filing a motion for judgment at the Court of International Trade, Trina said Commerce made "no company-specific findings" on whether all the cooperative companies were circumventing the AD/CVD orders on Chinese solar cells and, as a matter of law, can't impose the circumvention finding on those companies (Trina Solar (Vietnam) Science & Technology Co. v. U.S., CIT # 23-00228).
The Drug Enforcement Administration told CBP that it believes importer UniChem's entry of "7-keto dehydroepiandrosterone is a Schedule III anabolic steroid and its importation violates DEA regulations." As a result, DEA requested that CBP seize the entry on DEA's behalf, the U.S. told the Court of International Trade in a June 25 status report (UniChem Enterprises v. U.S., CIT # 24-00033).
The “vague and open-ended” language of a scope order on artist canvas from China makes the order unconstitutional, having caused the “absurd” result of levying antidumping duties on importers without advance notice, an importer told the Court of International Trade on June 24 in defense of its motion for judgment (see 2402270079) (Printing Textiles, LLC v. U.S., CIT # 23-00192).
After four remands in the Court of International Trade (see 2312210054), a German exporter of steel used to transport corrosive materials filed its opening bid with the U.S. Court of Appeals for the Federal Circuit on June 21. The company, AG der Dillinger Huttenwerke, claimed the Commerce Department wrongly used one of its products’ selling prices as a substitute for its costs of production, which amounts to “circular reasoning" (AG Der Dillinger Huttenwerke v. U.S., Fed. Cir. # 24-1498).
The Commerce Department reduced the antidumping duty rate for a collapsed entity, made up of exporter Siemens Gamesa, affiliated supplier Windar Renovables and five of Windar's subsidiaries, from 73% to 28.55% after reverting to the use of partial adverse facts available for the entity (Siemens Gamesa Renewable Energy v. U.S., CIT # 21-00449).
The following lawsuit was recently filed at the Court of International Trade:
The government has “inexcusably failed to provide substantive responses and/or produce any documents whatsoever,” gun manufacturer Glock said in a June 20 motion asking the Court of International Trade to compel the U.S. to produce the information the importer sought in its first round of discovery (Glock v. U.S., CIT # 23-00046).
An importer on June 20 accused CBP of placing “wholly unrelated” lab tests on the record to support an evasion decision and illegally refusing to consider the scope ruling that importer sought from the Commerce Department. As a result, it said, the CBP’s final determination was unlawful (Vanguard Trading Co. v. U.S., CIT # 23-00253).
Exporter Saha Thai Steel Pipe Public Co. on June 21 petitioned the U.S. Court of Appeals for the Federal Circuit for either a panel or en banc rehearing of its decision to include dual-stenciled pipe in the scope of the antidumping duty order on circular welded carbon steel pipes and tubes from Thailand (see 2405150027) (Saha Thai Steel Pipe Public Co. v. United States, Fed. Cir. # 22-2181).