Big box retailer Target Corp. asked the U.S. Court of Appeals for the Federal Circuit for more time to file its reply brief in its suit against the Court of International Trade's decision to order reliquidation of Target's entries that erroneously received a favorable antidumping duty rate. While the brief is currently due on Jan. 5, 2024, Target asked if it could submit its arguments on Jan. 19 "due largely to the circumstances of the holidays" (Target Corp. v. United States, Fed. Cir. # 23-2274).
Plaintiffs on Dec. 20 dismissed three related cases challenging the Commerce Department's anti-circumvention findings regarding the antidumping and countervailing duty orders on solar cells from China. No reason for the dismissals was given. The suits were brought by exporters Red Sun Energy Long An Company, Trina Solar (Vietnam) Science & Technology Co., Trina Solar Energy Development Co., Trina Solar Co. and Trina Solar Science & Technology (Thailand).
A Turkish aluminum foil exporter Dec. 22 sought expedited consideration of a request for a voluntary remand by the Commerce Department and challenged concerns raised by domestic petitioners in a case involving a duty drawback adjustment on its products (Assan Aluminyum Sanayi ve Ticaret v. U.S., CIT # 21-00616).
The Court of International Trade won't order the Commerce Department "to ignore information" antidumping duty respondent Navneet Education "voluntarily put on the record," the trade court ruled in Dec. 29 decision sustaining the 2019-20 AD review on notebook paper from India.
No lawsuits have been filed recently at the Court of International Trade.
Countervailing duty petitioner Nucor Corp. and the U.S. on Dec. 28 dismissed their appeal of a Court of International Trade ruling sustaining the Commerce Department's decision that found electricity wasn't provided below cost in South Korea. No reason was given for why the appellants dismissed the appeal, and counsel didn't respond to our request for comment (POSCO v. U.S., Fed. Cir. # 22-1576, -2130).
Commerce has still not properly explained why India is a better surrogate country for Vietnam than Indonesia for an antidumping duty review’s analysis of fish filet exports, an importer said in remand comments Dec. 22 (Catfish Farmers of America v. U.S., CIT # 21-00380).
The Commerce Department unreasonably selected data from Kazakhstan's Bureau of Natural Statistics data to use as a tier two benchmark regarding the provision of natural gas for less than adequate remuneration, countervailing duty petitioner The Mosaic Co. argued in a Dec. 28 complaint (The Mosaic Co. v. U.S., CIT # 23-00247).
The Court of International Trade on Dec. 29 sustained the Commerce Department's final results in the 2019-20 antidumping duty administrative review on lined paper products from India. Judge Stephen Vaden said that Commerce didn't commit a programming error by altering respondent Navneet Education's response to "YES" to the question of whether product characteristic information was provided. While Navneet didn't give the agency the physical characteristics of the goods in its cost database, Navneet did put the data in question on the record as part of its submissions to Commerce, the court noted.
The Commerce Department and the International Trade Commission published the following Federal Register notices Dec. 28 on AD/CVD proceedings: