The Commerce Department erred in finding that respondent Habich and its U.S. sales agent aren't affiliated, as well as in its calculations of Habich's normal value based on its third-country sales to Mexico, petitioner Lumimove, doing business as WPC Technologies, argued. Filing a motion for judgment at the Court of International Trade on Dec. 5, WPC said Commerce's failure to further investigate the alleged affiliation between Habich and its U.S. sales agent amounted to a "dereliction of duty" (Lumimove, Inc., d/b/a WPC Technologies v. U.S., CIT # 24-00105).
Chinese lidar company Hesai Technology on Dec. 9 filed a rebuke of its designation as a Chinese military company, urging the U.S. District Court for the District of Columbia to reverse the decision due to a host of alleged evidentiary and procedural errors. Hesai said the Pentagon, which recently relisted the company, "still cannot find a single connection to the Chinese military or defense industrial base" (Hesai Technology Co. v. U.S., D.D.C. # 24-01381).
The Commerce Department issued a final rule making various changes to its antidumping and countervailing duty procedures, notably altering its nonmarket economy policy in AD cases by allowing entities in third countries "owned or controlled" by nonmarket economies to be subject to the country-wide AD rate for that nation.
An importer of dried seaweed brought a complaint Dec. 4 to the Court of International Trade challenging the reclassification of its seaweed “for the first time in 37 years” (Takaokaya USA v. United States, CIT # 24-00213).
A 2012 analysis memorandum from a prior antidumping duty determination should be put on the record of a suit on an anti-circumvention proceeding, the Court of International Trade held on Dec. 5. Granting the government's motion to complete the administrative record, Judge Stephen Vaden dubbed the spat "pedantic" and said the record "should be supplemented."
Judges at the U.S. Court of Appeals for the Federal Circuit on Dec. 4 questioned importer Nature's Touch Frozen Foods (West) and the government regarding the tariff classification of frozen fruit mixtures. Judge Todd Hughes led the bulk of the questioning, pushing Nature's Touch on how to classify the goods if the court finds that the mixtures aren't food preparations, as claimed by the company, and how they should be classified instead under Harmonized Tariff Schedule heading 0811, which covers certain frozen fruit (Nature's Touch Frozen Foods (West) v. U.S., Fed. Cir. # 23-2093).
The Court of International Trade on Dec. 5 let the Commerce Department add an analysis memorandum from a previous antidumping proceeding to the administrative record of an anti-circumvention proceeding on Vietnamese circular welded carbon-quality steel pipe. Judge Stephen Vaden dubbed the spat as "pedantic," and said the memo should be part of the record because it was referenced by both Commerce and respondent SeAH Steel VINA Corp.
The value of solar cell processing in Thailand was not “small,” plaintiff-intervenor and importer NextEra Energy Constructors said Dec. 2 (Canadian Solar International Limited v. U.S., CIT # 23-00222).
The U.S. said Nov. 22 that a vehicle parts importer “misrepresented multiple primary sources” when it argued that, as a petitioner for antidumping and countervailing duty orders on chassis from China, it hadn’t intended Chinese-origin components used in chassis from another country be included (see 2403070060) (Pitts Enterprises, Inc. v. U.S., CIT # 24-00030).
Supporting its own motion for judgment (see 2407190048) in a case regarding the oft-litigated countervailing duties on South Korea’s low-cost provision of off-peak electricity (see 2406200062), the Korean government said Nov. 26 the opposition’s cited cases were distinct from the current situation (POSCO v. U.S., CIT # 24-00006).