The Commerce Department is set to lower the countervailing duty for two Chinese solar cell exporters, removing adverse facts available rates for certain programs and changing several cost calculation methods, it said in remand results filed with the Court of International Trade (Risen Energy Co. v. U.S., CIT # 22-00231).
Judges at the U.S. Court of Appeals for the 8th Circuit questioned the claim that the U.S.-Peru Trade Promotion Agreement bars a class-action lawsuit against U.S. companies and their officials. The suit, brought by Peruvian citizens, alleges that a mineral smelting and refining complex in Peru caused environmental damage, harming the individuals (Sr. Kate Reid v. The Doe Run Resources Corp., 8th Cir. # 23-1625).
Tire exporters Guizhou Tyre Co. and Aeolus Tyre Co. asked for 6,000 more words for their opening brief after the U.S. Court of Appeals for the Federal Circuit rejected their bid to submit two separate briefs. The companies noted that they received the government's consent and there's "good cause" to expand the word count (Guizhou Tyre Co. v. United States, Fed. Cir. # 23-2163).
Parties in a case on the 2020 countervailing duty review on steel concrete reinforcing bar from Turkey disagreed on the impact of the Court of International Trade's ruling in a separate suit concerning the 2018 review of the same CVD order. Filing a joint status report to the trade court on Jan. 8, the U.S. and exporter Kaptan Demir Celik Endustrisi ve Ticaret said no consensus has been reached and "none of the parties have changed their position," though Kaptan said the court's decision "dictates the outcome of this proceeding given virtually identical facts" (Kaptan Demir Celik Endustrisi ve Ticaret v. United States, CIT # 22-00149).
The Commerce Department was wrong to equate captive power industries and utilities in its determination that an Indian aluminum exporter had received coal for less-than-adequate remuneration, the exporter said Jan. 5 in the Court of International Trade (Hindalco Industries Limited v. U.S., CIT # 23-00260)
The Commerce Department on remand altered its analysis on whether an additional allotment of traceable carbon emissions credits in South Korea constituted a financial contribution. Submitting remand results to the Court of International Trade on Jan. 5, Commerce said that the South Korean government's decision to distribute additional free allowances of carbon emissions credits constitutes a "direct transfer of funds," rather than revenue forgone by the foreign government (Hyundai Steel Co. v. U.S., CIT # 22-00170).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The U.S. Court of Appeals for the Federal Circuit on Jan. 5 granted a motion to dismiss an appeal of a countervailing duty suit from the U.S. and petitioner Nucor Corp. The court lifted the stay in the case and dismissed the case after also considering the "non-participation" of exporters POSCO and Hyundai Steel Co. and the South Korean government (POSCO v. U.S., Fed. Cir. # 22-1576).
Russian exporter JSC Apatit took to the Court of International Trade to contest the Commerce Department's 2020-21 administrative review of the countervailing duty order on phosphate fertilizers from Russia, in which it received a 28.5% CVD rate (Joint Stock Company Apatit v. U.S., CIT # 23-00254).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: