The partial revocation of an antidumping duty order for a Turkish company should have meant that company's export volumes were to be excluded from a sunset review of the AD order, Turkish steelmaker Eregli Demir ve Celik Fabrikalari (Erdemir) argued in a July 14 motion for judgment at the Court of International Trade (Eregli Demir ve Celik Fabrikalari v. U.S. International Trade Commission, CIT # 22-00351).
Tire exporter Guizhou Tyre Co. and Guizhou Tyre Import and Export Co. will appeal a Court of International Trade decision upholidng the Commerce Department's finding that Guizhou failed to rebut the presumption of government control in the antidumping duty investigation on truck and bus tires from China. Per the notice of appeal, the companies will take the case to the U.S. Court of Appeals for the Federal Circuit. In the opinion, the trade court said that despite Commerce's "inartful and internally-inconsistent approach" to answering whether a company majority-owned by a government entity could ever prove to be free of government control, the agency did enough here to show that Guizhou's largest shareholder was still run by the government (see 2305230060) (Guizhou Tyre Co. v. United States, CIT Consol. # 19-00031).
The Court of International Trade in a July 17 order denied importer Nature's Touch Frozen Foods (West)'s motion for stay of enforcement of judgment pending appeal in a customs dispute on the classification of frozen fruit mixtures. Judge Stephen Vaden said that in light of the U.S. claim that it will "take no action to reliquidate the entries at issue" until the importer's appeal is resolved, the court dismisses the motion as moot (Nature's Touch Frozen Foods (West) v. U.S., CIT # 20-00131).
The Commerce Department shouldn't have rejected a questionnaire response in an antidumping duty investigation on utility scale wind towers from Spain, considering that the agency relied on responses from the relevant company on remand, Siemens Gemesa Renewable Energy argued in its July 17 remand comments at the Court of International Trade (Siemens Gamesa Renewable Energy v. U.S., CIT # 21-00449).
Australian exporter BlueScope Steel is asking the Court of International Trade to overturn the International Trade Commission's decision to cumulate imports from Australia with shipments from other countries in its sunset review of the AD orders on the steel goods from Australia, Japan, the Netherlands, Russia, South Korea, Turkey and the U.K. (BlueScope Steel v. U.S., CIT # 22-00353).
U.S. Court of Appeals for the Federal Circuit Judge Pauline Newman will begin mediation at the U.S. District Court for the District of Columbia with three of her colleagues leading an investigation on her fitness to continue serving on the bench, on Aug. 3. Per a joint notice of continuation of deadline to file a report on mediation, the parties said that they set a date with Judge Thomas Griffith, who was appointed to preside over the mediation (see 2307110045). Griffith sat on the U.S. Court of Appeals for the District of Columbia Circuit from 2005 to 2020 (Newman v. Moore, D.D.C. # 23-01334).
The following lawsuits were recently filed at the Court of International Trade:
Tire exporters Guizhou Tyre and Aeolus Tyre will appeal a Court of International Trade decision upholding the Commerce Department's decision to deny separate rate status to the companies as part of the seventh administrative review of the antidumping duty order on off-road tires from China. Per a pair of appeal notices, the companies will take the case to the U.S. Court of Appeals for the Federal Circuit. In the decision, the trade court said the agency properly used the China-wide AD rate of 105.31% on the companies after finding that the companies failed to rebut the presumption of government control (see 2305190026) (Guizhou Tyre v. U.S., CIT Consol. # 17-00100).
The Commerce Department's use of alternative characteristics of superabsorbent polymers supplied by antidumping respondent LG Chem to set control numbers (CONNUMs) in an AD investigation should be remanded, The Ad Hoc Coalition of American SAP Producers said in a July 14 motion for judgment at the Court of International Trade. The coalition said the department's use of unverified and unrequested alternative superabsorbent polymer characteristics contravened an established practice (The Ad Hoc Coalition of American SAP Producers v. U.S., CIT # 23-00010).
The following lawsuit was recently filed at the Court of International Trade: