The Court of International Trade dismissed Aug. 21 a case brought by Canadian lumber exporter J.D. Irving in an attempt to secure a lower antidumping duty cash deposit rate for some of its entries.
Court of International Trade Judge Timothy Reif on Aug. 22 vacated the Commerce Department’s pause on antidumping and countervailing duties on solar cells from Thailand, Cambodia, Vietnam and Malaysia -- in place until June 6, 2024 -- after a finding that the countries' exporters were circumventing an antidumping duty on solar cells from China (Auxin Solar v. United States, CIT # 23-00274).
Importer Allied Stone agreed to pay $12.4 million to settle claims that it violated the False Claims Act by evading antidumping duties and countervailing duties on quartz surface products from China, DOJ announced. The FCA case was initially filed by Melinda Hemphill, a whistleblower in the case, who will receive a $2,170,875 cut of the settlement.
The Commerce Department and the International Trade Commission published the following Federal Register notices Aug. 21 on AD/CVD proceedings:
Court of International Trade Judge Claire Kelly denied Aug. 20 a motion by various exporters to stay their case challenging antidumping duty and countervailing duty reviews on Chinese-origin aluminum foil (Jiangsu Dingsheng New Materials Joint-Stock Co. v. United States, CIT # 24-00228).
Domestic petitioner Catfish Farmers of America brought another case Aug. 19 against an administrative review of the antidumping duty order on frozen fish fillets from Vietnam -- this time, the review for the 2022-23 period (Catfish Farmers of America v. United States, CIT # 25-00156).
CBP failed to provide "substantial evidence" that importer Kana Energy Services Inc. imported Chinese-origin oil country tubular goods and arbitrarily applied adverse inferences in an antidumping duty and countervailing duty evasion determination in an Enforce and Protect Act case on OCTG from Thailand, the importer told the Court of International Trade in an Aug. 14 complaint (Kana Energy Services v. United States, CIT # 25-00186).
Over opposition from the government, which said that the Court of International Trade didn't have the power to extend complaint deadlines, the trade court let honey exporters led by Ban Me Thout Honeybee file their complaint out of time in an order Aug. 15. The court said it would follow up its order with its reasoning in a later filing.
Court of International Trade Judge Timothy Reif ruled Aug. 21 that Canadian lumber exporter J.D. Irving’s 2022 case challenging the cash deposit rate assigned to certain entries should have been brought to a binational panel under 1581(c), not to the trade court under 1581(i). He said that the “true nature” of the exporter’s case was a challenge to a 2019 antidumping duty review’s results. His analysis, he said, was identical to the analysis offered by the U.S. Court of Appeals for the Federal Circuit when it upheld Reif’s dismissal of the exporter’s prior case (J.D. Irving v. United States, CIT # 22-00256).
The Commerce Department and the International Trade Commission published the following Federal Register notices Aug. 20 on AD/CVD proceedings: