A proposed remand order that would force the International Trade Commission to reconsider a 2021 final injury determination in an antidumping duty case on methionine from Spain and Japan overly restricts the ITC's authority and discretion, defendant-intervenor Novus International argued in its Feb. 8 response to the draft order (Adisseo Espana and Adisseo USA v. U.S., CIT # 21-00562).
The U.S. Court of Appeals for the Federal Circuit's recent decision upholding President Donald Trump's imposition of Section 232 national security tariffs on steel and aluminum derivative products provides further evidence that exporter Oman Fasteners will suffer irreparable harm without an injunction in an antidumping duty case, Oman Fasteners argued. Filing a motion to take judicial notice at the Court of International Trade on Feb. 7, the exporter said that in light of the Federal Circuit's decision it will be required to pay the Section 232 duties on its steel nails entered after Feb. 8, 2020 (Oman Fasteners v. United States, CIT # 22-00348).
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade should dismiss a penalty case against defendant Zhe "John" Liu since the statute of limitations had run out by the time the case was filed, and because the government has not established how Liu was connected to the allegedly fraudulent scheme, Liu argued in a Feb 7 brief at the Court of International Trade (U.S. vs. Zhe "John" Liu, CIT # 22-00215).
The following lawsuits were recently filed at the Court of International Trade:
The Commerce Department failed to support its finding that the provision of electricity for less than adequate remuneration conferred a non-measurable benefit in a countervailing duty proceeding involving goods from South Korea, CVD petitioner Nucor Corp. argued in a Feb. 3 complaint at the Court of International Trade. Nucor also railed against Commerce's decision not to conduct verification of the South Korean government's questionnaire responses (Nucor Corp. v. U.S., CIT #23-00003).
Antidumping duty respondent Octal moved to dismiss its challenge of the Commerce Department's decision to find that the company was affiliated with one of its U.S. customers, among other things. On Feb. 1, Commerce released its final determination in the underlying AD investigation terminating the order, leading Octal to petition to dismiss the case (Octal v. U.S., CIT # 20-03697).
The U.S. said that negotiations between it and importer Root Sciences over whether the company's imports should be seized as "drug paraphernalia" have "achieved substantial progress." Filing for its fifth extension of time over its reply brief at the U.S. Court of Appeals for the Federal Circuit, the U.S. said that it and Root have been discussing how to settle the matter ever since the importer's informal proposal for negotiations (Root Sciences v. United States, Fed. Cir. # 22-1795).
The Commerce Department made multiple errors in assigning duty rates in an administrative review of the countervailing duty order on crystalline silicon photovoltaic cells from China, plaintiff intervenor JA Solar argued in its Jan. 30 motion for judgment at the Court of International Trade (Risen Energy Co., et al. v. United States, CIT # 22-00231).
The Court of International Trade in a Feb. 3 order granted the Commerce Department's voluntary remand request to reconsider its decision to apply a cost-based particular market situation adjustment when calculating antidumping duty respondent Garg Tube Export's weighted-average dumping margin. The respondent consented to the motion in light of the U.S. Court of Appeals for the Federal Circuit's 2021 decision in Hyundai Steel Co. v. U.S., which found Commerce can't make a PMS adjustment to the sales-below-cost test (Garg Tube Export v. United States, CIT # 21-00169).