The Court of International Trade on July 23 dismissed a suit on CBP's liquidation of tire entries from importer Acquisition 362, doing business as Strategic Import Supply, for lack of subject-matter jurisdiction. The importer entered tires made by exporters Shandong Hengyu Science & Technology Co. and Shandong Wanda Boto Tyre Co., subject to a 64.57% AD rate. In a separate case, the trade court enjoined the liquidation of certain tire entries made by the two exporters but not imports from Acquisition 362 because it wasn't a party to the case. The importer said CBP illicitly failed to enjoin the liquidation of its entries. Judge Mark Barnett said CBP didn't make a "protestable decision" in liquidating Acquisition 362's goods and that the agency didn't have the authority to extend to the importer's entries based on the court's order in the separate case.
U.S. solar cell company Auxin Solar and solar module designer Concept Clean Energy argued on July 22 that Section 318(a) of the Trade Act of 1930 didn't permit the Commerce Department to pause antidumping and countervailing duties on solar cells and modules from four Southeast Asian countries found to be circumventing the AD/CVD orders on these products from China (Auxin Solar v. United States, CIT # 23-00274).
The World Trade Organization's published agenda for the Dispute Settlement Body's July 26 meeting indicates China will request the establishment of a dispute settlement panel on the U.S. government's tax credits for electric vehicles under the Inflation Reduction Act.
The Supreme Court's recent decision eliminating the standard of deferring to federal agencies' interpretation of ambiguous statutes (see 2406280051) "will likely result in more litigation in the already heavily litigated world of international trade," two ArentFox Schiff partners said in a client alert.
In a pair of opinions published July 22, Court of International Trade Judge Timothy Reif granted motions from defendant-intervenors (see 2305190068) and the International Trade Commission (see 2309010004) to dismiss two cases brought by Turkish steel exporter Eregli Demir ve Celik Fabrikalari regarding the same sunset review of an antidumping duty order on hot-rolled steel flat products from Turkey.
The Commerce Department and the International Trade Commission published the following Federal Register notices July 22 on AD/CVD proceedings:
Antidumping and countervailing duty petitioners, led by Atlas Tube, said the Commerce Department properly used adverse facts available against exporter Hoa Phat Steel Pipe Co. in three anti-circumvention inquiries for untimely submitting questionnaire responses in a "straightforward case" (Hoa Phat Steel Pipe Co. v. U.S., CIT Consol. # 23-00248).
Court of International Trade Judge Timothy Reif released a pair of opinions July 22 dismissing two of a hot-rolled steel flat product exporter's three cases. One, in which Turkish exporter Eregli Demir ve Celik Fabrikalari sought a sunset review of an AD investigation, was made moot by a subsequent sunset review; the other was incorrectly brought under Section 1581(i) instead of under Section 1581(c), even if that would have required the exporter to file based on “speculation,” the judge said (Eregli Demir ve Celik Fabrikalari v. U.S. International Trade Commission, CIT # 22-003549, -50).
The Commerce Department and the International Trade Commission published the following Federal Register notices July 19 on AD/CVD proceedings:
On appeal, the U.S. and a petitioner each defended the Court of International Trade’s acceptance of its thrice-remanded (see 2401190037) countervailing duty calculation for Russian phosphate fertilizer exporters (The Mosaic Company v. U.S., Fed. Cir. # 21-00117, -20, -21).