The U.S. Supreme Court's decision in Loper Bright Enterprises v. Raimondo confirms that the U.S. Court of Appeals for the Federal Circuit must use its own judgment rather than defer to the Commerce Department in reviewing the agency's multifactor test for assessing independence from de facto Chinese government control of export functions, exporter Pirelli Tyre Co. argued (Pirelli Tyre Co. v. U.S., Fed. Cir. # 23-2266).
After a remand, the Commerce Department continued to find the downstream products of Mexican pipe exporter Maquilacero S.A. de C.V. and auto-parts manufacturer Tecnicas de Fluidos S.A. de C.V. (TEFLU) were covered by an antidumping duty order on light-walled rectangular pipe and tube (Maquilacero S.A. de C.V. v. U.S., CIT Consol. # 23-00091).
The International Trade Commission erred when it found that aluminum extrusion exports from 14 nations didn't injure the U.S. industry, AD/CVD petitioners the U.S. Aluminum Extruders Coalition and the United Steelworkers argued in a Jan. 3 complaint at the Court of International Trade. The seven-count complaint challenged, among other things, the commission's conclusions that the extrusions didn't undersell the domestic like product nor have "significant adverse price effects" (U.S. Aluminum Extruders Coalition v. United States, CIT # 25-00001)
Antidumping petitioner Coalition of American Manufacturers of Mobile Access Equipment took to the Court of International Trade on Jan. 3 to challenge the Commerce Department's surrogate value picks in the 2022-23 review of the antidumping duty order on mobile access equipment from China. The petitioner filed a 12-count complaint to contest 12 different surrogate data picks (Coalition of American Manufacturers of Mobile Access Equipment v. United States, CIT # 24-00219).
The Commerce Department and the International Trade Commission published the following Federal Register notices Jan. 3 on AD/CVD proceedings:
A number of consolidated plaintiffs, who referred to themselves as “ST&R,” said Jan. 2 the U.S. “appear[ed] to concede” that the Commerce Department lacked adequate information when it determined multiple Vietnamese plywood exporters had been circumventing an antidumping duty order on hardwood plywood from China (Shelter Forest International Acquisition v. United States, CIT Consol. # 23-00144).
In comments Dec. 16, the trade group Catfish Farmers of America opposed the Commerce Department’s remand results regarding its antidumping duty review on Vietnamese frozen fish fillets (see 2410220042) after the department refused to deviate from its previous surrogate decisions (Catfish Farmers of America, et al. v. United States, CIT # 22-00125).
Court of International Trade Judge Claire Kelly on Jan. 2 granted a motion to consolidate two cases challenging the Commerce Department’s refusal to grant several Chinese pea protein exporters separate rates in an antidumping duty investigation (Yantai Oriental Protein Tech Co. v. United States, CIT # 24-00181, -00179).
The U.S. Court of Appeals for the Federal Circuit on Dec. 31 denied Canadian lumber exporter J.D. Irving's bid for a full court rehearing of a three-judge panel's rejection of the company's attempt to challenge the denial of an antidumping duty cash deposit rate under Section 1581(i) (J.D. Irving v. United States, Fed. Cir. # 23-1652).
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