China officially requested dispute consultations with the EU on its provisional countervailing duties on Chinese electric vehicles, the World Trade Organization announced Aug. 14. China said the duties and general CVD investigation violate Article VI of the General Agreement on Tariffs and Trade 1994, which covers antidumping and countervailing duties, and the Agreement on Subsidies and Countervailing Measures.
Jacob Kopnick
Jacob Kopnick, Associate Editor, is a reporter for Trade Law Daily and its sister publications Export Compliance Daily and International Trade Today. He joined the Warren Communications News team in early 2021 covering a wide range of topics including trade-related court cases and export issues in Europe and Asia. Jacob's background is in trade policy, having spent time with both CSIS and USTR researching international trade and its complexities. Jacob is a graduate of the University of Michigan with a B.A. in Public Policy.
Antidumping duty petitioner Ventura Coastal and respondent Louis Dreyfus Company Sucos traded briefs on the impact and relevance the Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo, which eliminated the Chevron principle of deferring to agencies' interpretations of ambiguous statutes (Ventura Coastal v. United States, CIT # 23-00009).
The U.S. Court of Appeals for the Federal Circuit in an Aug. 13 opinion again affirmed the president's ability to make trade-restrictive modifications to Section 201 safeguard tariffs. Judges Alan Lourie, Richard Taranto and Leonard Stark partially granted a group of solar cell exporters' motion for panel rehearing of its 2023 decision, which came to the same conclusion, so that the court could conduct a de novo review of the applicable statute, instead of reviewing whether the president's interpretation of the law was a "clear misconstruction" of the statute.
Exporters Shanghai Tainai Bearing Co. and C&U Americas argued in an Aug. 13 motion for judgment at the Court of International Trade that the Commerce Department's differential pricing analysis is not allowed by the statute in antidumping reviews and is only permissible for AD investigations (Shanghai Tainai Bearing Co. v. United States, CIT # 24-00025).
The South Korean government urged the Court of International Trade to not confuse "disparity" with "disproportionality" in assessing the Commerce Department's de facto specificity finding on the Korean government's alleged provision of electricity below cost. Filing a reply brief on Aug. 12 in a case on the 2021 countervailing duty review on cut-to-length carbon-quality steel plate from South Korea, the Korean government said the fact that a few industries used a large amount of electricity doesn't establish de facto specificity (Hyundai Steel Co. v. United States, CIT # 23-00211).
Bulgarian national Milan Dimitrov appeared Aug. 12 in a federal court for allegedly engaging in a scheme to violate U.S. export controls, DOJ announced. Extradited from Greece, Dimitrov is charged with conspiring with Russian citizen Ilias Sabirov and Bulgarian national Dimitar Dimitrov to procure "sensitive radiation-hardened integrated circuits" from the U.S. and export them to Russia via Bulgaria (see 2012210013).
The U.S. told the Court of International Trade that Southwest Airlines isn't entitled to keep Customs Passenger Processing Fees fees paid by its customers on canceled tickets. Filing a cross-motion for judgment on Aug. 13, the government argued that the airline's cancellation policy, which offers travel credits that Southwest then stores as profits if they go uncollected, can't usurp the law, which requires Southwest to "collect the fee and remit the fees collected to the Government" (Southwest Airlines Co. v. United States, CIT # 22-00141).
The U.S. Court of Appeals for the Federal Circuit on Aug. 12 ordered exporter Risen Energy Co. to appear at oral argument in an antidumping duty case after the company waived its right to appear (see 2408020019). Risen originally brought suit to contest the 2017-18 AD review on solar cells from China, arguing that the Commerce Department failed to use the best information when setting surrogate values for the company's backsheet and ethyl vinyl acetate inputs (see 2305170049). The per curiam order from the court told Risen to appear at oral argument after the U.S. said it would appear (see 2408070003) (Risen Energy Co. v. U.S., Fed. Cir. # 23-1550).
The Court of International Trade's Pay.gov site will undergo maintenance on Aug. 17, 6 p.m. to 10 p.m. EDT, the court announced. Documents requiring payment on the site can't be filed on the CM/ECF platform during this time.
Countervailing duty petitioner The Mosaic Co. and respondent OCP each moved the Court of International Trade for judgment last week in a combined suit on the first review of the CVD order on phosphate fertilizers from Morocco (The Mosaic Co. v. U.S., CIT Consol. # 23-00246).