Importer Wabtec told the Court of International Trade that a recent CIT decision calls into question the Commerce Department's practice of covering upstream components of goods actually imported or sold in the U.S. in antidumping cases. Filing a notice of supplemental authority on June 27, Wabtec said that while CIT Judge Timothy Stanceu didn't affirmatively resolve this question, his discussion is "highly relevant to the matter here" (Wabtec Corporation v. U.S., CIT #s 23-00160, -00161).
The Commerce Department and the International Trade Commission published the following Federal Register notices June 30 on AD/CVD proceedings:
The following lawsuits were filed recently at the Court of International Trade:
Defending against a motion to dismiss its Section 1581(i) case challenging the Commerce Department’s refusal to open a changed circumstances review, wood mouldings and millwork importer Houston Shutters said that precedent actually supports its case (Houston Shutters v. United States, CIT # 24-00193).
The Court of International Trade on June 26 heard oral argument in a suit from U.S. solar cell maker Auxin Solar and solar module designer Concept Clean Energy against the Biden administration's decision to pause antidumping and countervailing duties on solar cells and modules from four Southeast Asian countries. Judge Timothy Reif heard from DOJ, the plaintiffs and counsel for various solar cell importers and exporters on whether Auxin waited too long to file suit and the propriety of applying retroactive relief, given that the affected importers would be subject to massive antidumping and countervailing duties without a chance for review (Auxin Solar v. United States, CIT # 23-00274).
The Commerce Department and the International Trade Commission published the following Federal Register notices June 27 on AD/CVD proceedings:
The following lawsuits were filed recently at the Court of International Trade:
A Thai wheel exporter and three importers filed their opening bid at the U.S. Court of Appeals for the Federal Circuit challenge a trade court ruling that their products, wheels made with some Chinese-origin components, originated from China rather than Thailand (Asia Wheel Co. v. United States, Fed. Cir. # 25-1689).
The Court of International Trade called on future litigants to address the "various problems of interpretation" posed by the Commerce Department's subassemblies provision in its antidumping duty and countervailing duty orders. In a pair of decisions issued June 25, Judge Timothy Stanceu said the current construction of the provision can lead to "unreasonable, and even absurd, results."
The Commerce Department and the International Trade Commission published the following Federal Register notices June 26 on AD/CVD proceedings: