The Commerce Department failed to adequately support its finding that circular welded steel pipe from Vietnam made with hot-rolled steel from South Korea, India or China circumvented the antidumping duty and countervailing duty orders on steel pipe from the three countries, the Court of International Trade held on Dec. 16.
The Court of International Trade's CM/ECF system will undergo maintenance on Dec. 18 8 p.m. to 12 a.m. Dec. 19 ET, and on Dec. 20, 8 a.m. to 12 p.m. ET, the court said. During this time, access to the CM/ECF system may be "intermittent," the court said.
The following lawsuits were filed recently at the Court of International Trade:
The Court of International Trade's recent decision finding that no protests are needed to file suit under Section 1581(i) seeking refunds from tariffs imposed under the International Emergency Economic Powers Act "applies solely to pending court cases at this time," said attorneys at Grunfeld Desiderio. Protests may have to be filed if the Supreme Court strikes down the tariffs and CBP has not taken other steps to effect relief.
The Court of International Trade remanded the Commerce Department's determination that U.S. seafood seller Luscious Seafood is not a bona fide wholesaler of the domestic like product in a confidential decision issued on Dec. 15. Judge Timothy Stanceu said Commerce shall issue a new decision "in which it decides whether Luscious Seafood had standing to request an administrative review of certain Vietnamese exporters and producers" (Luscious Seafood v. United States, CIT # 24-00069).
The Commerce Department failed to adequately support its decision in a scope referral to exclude certain carbon steel butt-weld pipe fittings made from Chinese fittings that underwent production in Vietnam from the scope of the antidumping duty order on carbon steel butt-weld pipe fittings from China, the Court of International Trade held on Dec. 16.
The Commerce Department reasonably found that a certain Moroccan tax subsidy isn't de facto specific, since it's widely available throughout the economy, the Court of International Trade held on Dec. 16. Judge Timothy Stanceu sustained Commerce's reversal of its specificity determination made on remand in a case on the 2020-21 review of the countervailing duty order on Moroccan phosphate fertilizer.
The Commerce Department misapplied its regulations regarding the filing of ministerial error allegations during an antidumping duty administrative review, the Court of International Trade held on Dec. 15. Judge Timothy Stanceu said Commerce erred in only allowing the petitioner in an AD review to raise ministerial error allegations regarding the final results that couldn't have been raised in the petitioner's case brief, finding that this cut against the "express requirement of Section 751(h)."
The Court of International Trade on Dec. 16 remanded the Commerce Department's finding that circular welded steel pipe completed in Vietnam with hot-rolled steel from South Korea, India and China circumvented the antidumping and countervailing duty orders from these three countries. Despite siding with the U.S. regarding all of the legal challenges made to the circumvention determination by exporter SeAH Steel Vina, Judge Mark Barnett said Commerce failed to support its conclusion with substantial evidence. Barnett said the agency only based its conclusion on the circumvention statute's "mandatory" factors, adding that the statute requires Commerce to offer something additional to support a circumvention determination, which the agency failed to do here.
The following lawsuits were filed recently at the Court of International Trade: