A group of solar cell importers and exporters asked the U.S. Court of Appeals for the Federal Circuit to consolidate its appeal of a Court of International ruling vacating the Commerce Department's 2022-2024 duty pause on the collection of antidumping and countervailing duties on solar cells and modules from Cambodia, Malaysia, Thailand and Vietnam with the government's appeal of the same order (Auxin Solar v. United States, Fed. Cir. # 25-2120).
The U.S. Court of Appeals for the Federal Circuit held oral argument on Nov. 4 in a pair of cases on the International Trade Commission's treatment of business proprietary information in injury proceedings. Judges Timothy Dyk, Richard Taranto and Raymond Chen pressed Courtney McNamara, counsel for the ITC, on the commission's policy of treating questionnaire submissions as confidential; on the Court of International Trade's separate authority to publicize information deemed confidential by the ITC; and on whether notice should be provided to the commission prior to the trade court's exercise of that authority (In Re United States, Fed. Cir. #s 24-1566, 25-127).
The arbitrator in a World Trade Organization dispute between the U.S. and the EU on U.S. antidumping and countervailing duties covering Spanish ripe wolves issued a decision on Oct. 29.
No lawsuits have been filed recently at the Court of International Trade.
The U.S. filed a notice of supplemental authority at the Court of International Trade in a case on an antidumping and countervailing duty injury proceeding in light of the U.S. Court of Appeals for the Federal Circuit's decision in Sweet Harvest Foods v. U.S. (NURA USA v. United States, CIT Consol. # 24-00182).
The Commerce Department improperly used adverse facts available against antidumping duty respondent Oman Aluminium Rolling Company for its failure to report information on the company's movement expenses and its collection of freight revenues in the 2022-23 administrative review of the AD order on aluminum foil from Oman, Oman Aluminium argued in a complaint filed at the Court of International Trade (Oman Aluminium Rolling Company v. United States, CIT # 25-00215).
The following lawsuit has been filed recently at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit on Oct. 30 issued its mandate in a case on the 2019-20 administrative review of the antidumping duty order on large diameter welded pipe from Greece. Last month, the court said the Commerce Department reasonably used adverse facts available against respondent Corinth Pipeworks Pipe Industry for failing to remedy deficiencies in its cost reconciliation submission (see 2509080027). CAFC said Commerce wasn't required to provide Corinth with an opportunity to comment on the agency's analysis that led to the conclusion that the company's reported costs didn't reconcile with its financial accounting system (Corinth Pipeworks Pipe Industry v. United States, Fed. Cir. # 23-2094).
Exporters Jiangsu Senmao Bamboo and Wood Industry, Jiangsu Keri Wood and Sino-Maple won't participate in the appeal on the 2017 administrative review of the countervailing duty order on multilayered wood flooring from China despite having participated in the case at the Court of International Trade (Jiangsu Senmao Bamboo and Wood Industry Co. v. United States, Fed. Cir. # 26-1050).
The following lawsuits have been filed recently at the Court of International Trade: