The following lawsuits were recently filed at the Court of International Trade:
The Commerce Department cannot hit a countervailing duty respondent with adverse facts available relating to its alleged use of China's Export Buyer's Credit Program since there's no gap on the record over the respondent's EBCP usage, respondent Wuxi Tianran Photovoltaic Co. said in a March 9 brief at the Court of International Trade. Tianran's U.S. customers properly verified that they did not use the EBCP, the brief said (Wuxi Tianran Photovoltaic Co. v. United States, CIT Consol. #21-00538).
The Court of International Trade told litigants in a paperless order to file a proposed stipulated judgment in a countervailing duty case after a resolution of the matter was reached following a voluntary remand from the Commerce Department. Commerce said that a South Korean sewerage fees program was not countervailable, leading to a de minimis rate for plaintiff Hyundai Steel Company. In a March 9 joint status report, Hyundai and the U.S. said that case was resolved following the voluntary remand (Hyundai Steel Company v. United States, CIT #21-00012).
The Court of International Trade should deny the U.S.'s motion to dismiss a case from Wheatland Tube Co. seeking to compel CBP to respond to requests for information and a tariff classification ruling, Wheatland said in a March 9 reply brief. DOJ had said the trade court should toss the case, in part, since it already responded to the RFI and petition for a tariff classification. Wheatland disagreed, arguing that CBP's limited response failed to meet the requirements of Section 1516 which mandates that CBP "furnish the classification and the rate of duty imposed upon designated imported merchandise" (Wheatland Tube Company v. United States, CIT #22-00004).
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade should deny Chinese exporter Jangho Group's bid for a rehearing in a countervailing duty case filed to contest Commerce's alleged failure to address the company's alternative arguments, the U.S. said in a March 9 reply brief. Jangho last raised the "long gone" arguments in 2019, and failed to raise its alternative arguments in its post-remand brief, meaning they are "waived" and thus not eligible for further litigation, DOJ argued (Taizhou United Imp. & Exp. Co. v. United States, CIT Consol. #16-00009).
The following lawsuits were recently filed at the Court of International Trade:
OCP, a Moroccan state-owned fertilizer maker, asked the Court of International Trade to order the International Trade Commission to reconsider its determination of injury. OCP's March 3 motion accuses the ITC of failing to consider arguments and evidence in the countervailing duty investigation of phosphate fertilizers from Morocco and Russia. The ITC determined in March 2021 that Morocco was subsidizing phosphate fertilization and that U.S. domestic industry was materially injured (OCP S.A. v. U.S., CIT Consol. # 21-00219).
The Commerce Department properly decided not to consider off-peak electricity sold for less than adequate remuneration in a countervailing duty administrative review, DOJ said in a March 7 brief at the Court of International Trade. Responding to a motion for judgment from petitioner Nucor Corporation, DOJ said that Nucor's arguments merely dispute how Commerce weighed the evidence alleging that the provision of off-peak electricity for LTAR was a countervailable subsidy (Nucor Corporation v. United States, CIT #21-00182).
The following lawsuits were recently filed at the Court of International Trade: