German paper exporters Koehler Oberkirch and Koehler Paper on May 13 opposed the government's bid to serve the companies' U.S.-based counsel in a separate case, claiming that the rules don't "permit such service." The exporters said service instead should be effectuated through diplomatic channels, as contemplated by the rules, as this would "respect international comity and due process principles" (U.S. v. Koehler Oberkirch GmbH, CIT # 24-00014).
The U.S. told the U.S. Court of Appeals for the Federal Circuit that the principle of stare decisis requires the appellate court to sustain the legality of the Commerce Department's non-market economy policy (Jilin Forest Industry Jinqiao Flooring Group Co. v. United States, Fed. Cir. # 23-2245).
The U.S. Court of Appeals for the Federal Circuit on May 15 reversed a Court of International Trade decision sustaining the exclusion of dual-stenciled pipe from the antidumping duty order on circular welded carbon steel pipes and tubes from Thailand. The AD order's scope language included standard pipe but excluded line pipe, and exporter Saha Thai Steel Pipe Public Co.'s dual-stenciled pipes fit the industry specifications for both line and standard pipe. CAFC Judges Alan Lourie and Jimmie Reyna said that meeting an additional specification doesn't "strip away the qualification of these pipes as standard pipes." The majority added that the (k)(1) materials support the inclusion of dual-stenciled pipes under the order's scope. Judge Raymond Chen dissented, finding that the plain scope language is ambiguous as to whether it includes dual-stenciled pipe, and saying that the (k)(1) factors support exclusion of the dual-stenciled pipe.
The Commerce Department and the International Trade Commission published the following Federal Register notices May 14 on AD/CVD proceedings:
The Court of International Trade on May 13 entered default judgment against Chinese exporter Cherish Your Health Food Inc. in a customs penalty case. The U.S. brought the suit in October 2023 claiming that the company hadn't paid antidumping duties on five fresh garlic entries imported in 2018-20 (United States v. Cherish Your Health Food, CIT # 23-00230).
The U.S. on May 10 told the U.S. Court of Appeals for the Federal Circuit that the Court of International Trade "improperly relied on extra-record information" in rejecting the Commerce Department's final determination in the antidumping duty investigation on hardwood plywood from China (Linyi Chengen Import and Export Co. v. United States, Fed. Cir. # 24-1258).
The Commerce Department and the International Trade Commission published the following Federal Register notices May 13 on AD/CVD proceedings:
The following lawsuits were recently filed at the Court of International Trade:
Even if the public can deduce some trends or information about a company's confidential product information from publicly available sources, that doesn't "negate the confidential nature of the information submitted" as part of an International Trade Commission investigation, the ITC told the Court of International Trade on May 8 (OCP v. U.S., CIT Consol. # 21-00219).
The Court of International Trade on May 9 allowed a case to proceed against the Commerce Department's pause of antidumping and countervailing duties on Southeast Asian solar panels, rejecting motions to dismiss from the government and nine solar cell importers and exporters.