Commerce’s countervailing duty for a Moroccan phosphate fertilizer exporter was too low because it either ignored or underestimated several benefits, a domestic petitioner said Dec 28 in the Court of International Trade (The Mosaic Company v. U.S., CIT # 23-00246).
Correction: The Court of International Trade issued 191 decisions in 2006 (see 2312280038), a pace it equaled in 2023 with a decision issued Dec. 29 in Navneet Education v. U.S.
Big box retailer Target Corp. asked the U.S. Court of Appeals for the Federal Circuit for more time to file its reply brief in its suit against the Court of International Trade's decision to order reliquidation of Target's entries that erroneously received a favorable antidumping duty rate. While the brief is currently due on Jan. 5, 2024, Target asked if it could submit its arguments on Jan. 19 "due largely to the circumstances of the holidays" (Target Corp. v. United States, Fed. Cir. # 23-2274).
Plaintiffs on Dec. 20 dismissed three related cases challenging the Commerce Department's anti-circumvention findings regarding the antidumping and countervailing duty orders on solar cells from China. No reason for the dismissals was given. The suits were brought by exporters Red Sun Energy Long An Company, Trina Solar (Vietnam) Science & Technology Co., Trina Solar Energy Development Co., Trina Solar Co. and Trina Solar Science & Technology (Thailand).
A Turkish aluminum foil exporter Dec. 22 sought expedited consideration of a request for a voluntary remand by the Commerce Department and challenged concerns raised by domestic petitioners in a case involving a duty drawback adjustment on its products (Assan Aluminyum Sanayi ve Ticaret v. U.S., CIT # 21-00616).
No lawsuits have been filed recently at the Court of International Trade.
Countervailing duty petitioner Nucor Corp. and the U.S. on Dec. 28 dismissed their appeal of a Court of International Trade ruling sustaining the Commerce Department's decision that found electricity wasn't provided below cost in South Korea. No reason was given for why the appellants dismissed the appeal, and counsel didn't respond to our request for comment (POSCO v. U.S., Fed. Cir. # 22-1576, -2130).
Importer Dell Will Customs Brokers (USA) Inc. dismissed its customs case on Dec. 27 at the Court of International Trade. The company filed suit in December 2021 claiming that its scaffolding, parts or accessories, of Harmonized Tariff Schedule subheadings 7308.40.00 and 9403.20.00, are exempt from Section 301 China tariffs under secondary subheading 9903.88.03. Counsel for Dell Will didn't respond to our request for comment (Dell Will Customs Brokers (USA) Inc. F/A Metal Tech-Omega Inc. v. U.S., CIT # 21-00630).
Nebraska resident Byungmin Chae submitted a petition for rehearing en banc to the U.S. Supreme Court in a renewed attempt to get the high court to hear his appeal of the 2018 customs broker license exam. Chae, mostly representing himself, has seen his case through multiple rounds of appeal at CBP, the Court of International Trade and the U.S. Court of Appeals for the Federal Circuit, ending up one correctly answered question shy of a passing grade (Byungmin Chae v. Janet Yellen, U.S. Sup. Ct. # 23-200). The court received the Nov. 17 petition on Dec. 18.
Commerce has still not properly explained why India is a better surrogate country for Vietnam than Indonesia for an antidumping duty review’s analysis of fish filet exports, an importer said in remand comments Dec. 22 (Catfish Farmers of America v. U.S., CIT # 21-00380).