U.S. importer CME Acquisitions argued that the U.S. Court of Appeals for the Federal Circuit's recent decision in PrimeSource Building Products v. U.S. didn't overrule the appellate court's decision in Yangzhou Bestpak Gifts & Crafts Co. v. U.S. regarding how the Commerce Department sets the non-selected respondents' antidumping duty rate (CME Acquisitions v. United States, CIT # 24-00032).
Antidumping duty petitioner Ventura Coastal and respondent Louis Dreyfus Company Sucos traded briefs on the impact and relevance the Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo, which eliminated the Chevron principle of deferring to agencies' interpretations of ambiguous statutes (Ventura Coastal v. United States, CIT # 23-00009).
Exporters Shanghai Tainai Bearing Co. and C&U Americas argued in an Aug. 13 motion for judgment at the Court of International Trade that the Commerce Department's differential pricing analysis is not allowed by the statute in antidumping reviews and is only permissible for AD investigations (Shanghai Tainai Bearing Co. v. United States, CIT # 24-00025).
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The U.S. Court of Appeals for the Federal Circuit in an Aug. 13 opinion again affirmed the president's ability to make trade-restrictive modifications to Section 201 safeguard tariffs. Judges Alan Lourie, Richard Taranto and Leonard Stark partially granted a group of solar cell exporters' motion for panel rehearing of its 2023 decision, which came to the same conclusion, so that the court could conduct a de novo review of the applicable statute, instead of reviewing whether the president's interpretation of the law was a "clear misconstruction" of the statute.
An exporter and a petitioner each filed an opposition to the Commerce Department’s final results upon remand for an antidumping duty review on Indian-origin steel pipe, in which the department provided a strong defense of adverse facts available as a tool to combat the problem of noncooperative unaffiliated suppliers (see 2407100037) (Garg Tube Export v. U.S., CIT # 21-00169).
The U.S. said the Supreme Court's decision in Loper Bright Enterprises v. Raimondo, which eliminated the principle of deferring to federal agencies' interpretations of ambiguous statutes, "is not pertinent" to the massive lawsuit on the validity of the lists 3 and 4A Section 301 tariffs (HMTX Industries v. United States, Fed. Cir. # 23-1891).
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The U.S. Supreme Court's decision in Loper Bright v. Raimondo rejecting the Chevron principle of deferring to federal agencies' interpretations of ambiguous statutes doesn't call for the U.S. District Court for the District of Columbia to revisit a decision sustaining the sanctions designation of former Afghan government official Mir Rahman Rahmani and his son, Hafi Ajmal Rahmani, the U.S. said this week (Mir Rahman Rahmani v. Janet Yellen, D.D.C. # 24-00285).
Plaintiffs in the massive Section 301 litigation said the U.S. Supreme Court's recent decision in Loper Bright v. Raimondo, which overturned the Chevron principle of deferring to federal agencies' interpretations of ambiguous statutes (see 2406280051), is relevant to the consequential litigation concerning the lists 3 and 4A Section 301 duties (HMTX Industries v. U.S., Fed. Cir. # 23-1891).