Exporter Kumar Industries will appeal a November Court of International Trade decision sustaining the Commerce Department's assignment of a 13.61% adverse facts available dumping rate to the exporter based on its "inadequate explanations" regarding one of its partners ownership interests in two unnamed companies (see 2311270005). In the decision, the court sustained the rate, issued as part of the first antidumping duty review on glycine from India, finding that Kumar prevented Commerce from conducting a proper affiliate analysis (Kumar Industries v. United States, CIT # 21-00622).
The Court of International Trade on Dec. 19 upheld the Commerce Department's decision to revert to the calculation of a previously used land benchmark as part of a countervailing duty review. Judge Jane Restani said that since no parties contest the move, the court will sustain the agency's third remand results.
The U.S. Court of Appeals for the Federal Circuit in a Dec. 18 text-only order granted the government's request for 60 more days to file their opening brief in a case on whether the statute of limitations had passed on an action seeking to collect on a customs bond from surety firm American Home Assurance Co. (United States v. American Home Assurance Co., Fed. Cir. # 24-1069).
The Court of International Trade sustained the International Trade Commission's affirmative injury finding on mattresses from a host of countries despite finding that the commission committed various errors in its assessment of whether the market industry is segmented.
Greek exporter Corinth Pipeworks Pipe Industry had "multiple opportunities" to submit the proper reconciliation information in an antidumping duty review "but refused to do so," justifying the Commerce Department's decision to impose adverse facts available, the U.S. government told the U.S. Court of Appeals for the Federal Circuit last week (Corinth Pipeworks Pipe Industry v. United States, Fed. Cir. # 23-2094).
The Court of International Trade on Dec. 18 upheld the Commerce Department's use of a 0.8 threshold for Cohen's d test to analyze masked dumping, finding Commerce's explanation for the methodology reasonable.
Turkish duties on a host of U.S. products in retaliation for President Donald Trump's Section 232 steel and aluminum tariffs violate World Trade Organization commitments, a WTO dispute panel ruled Dec. 19. The panel said the duties violate articles I and II of the 1994 General Agreement on Tariffs and Trade and also found that the Section 232 duties are not "safeguards."
The Commerce Department didn't meaningfully respond to arguments regarding the specificity of the provision of Korean Allowance Units (KAUs) by the South Korean government's cap-and-trade system in a countervailing duty review, the Court of International Trade ruled on Dec. 18.
No lawsuits have been filed recently at the Court of International Trade.
Solar panel exporters are hoping to extend the deadline to file a petition for reheraing en banc with the U.S. Court of Appeals for the Federal Circuit in a case on whether President Donald Trump legally revoked a Section 201 tariff exclusion on bifacial solar panels. Asking the court for 14 more days to file the petition, the exporters, led by the Solar Energy Industries Association, said "good cause" exists for the extension (Solar Energy Industries Association v. United States, Fed. Cir. # 22-1392).