Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.

The Court of International Trade in an April 19 decision made public April 29 sent back for the third time the Commerce Department's decision not to investigate the sale of off-peak electricity in South Korea for less than adequate remuneration. Judge Mark Barnett said that Commerce failed to explain why evidence submitted by petitioner Nucor Corp. was insufficient "pursuant to the low standard" for opening a subsidy investigation established in RZBC Group Shareholding Co. v. U.S.

Importer Netgear filed a complaint at the Court of International Trade on April 26 seeking reliquidation of re-imported LTE routers under duty-free Harmonized Tariff Schedule subheading 9802.00.50. The company is seeking refunds of any overpayments of Merchandise Processing Fees and Harbor Maintenance Fees, along with a refund of Section 301 duties (Netgear v. United States, CIT # 22-00129).

The statute on deemed liquidation for drawback claims "doesn't make sense as written," Judge Jane Restani said during April 18 oral arguments at the Court of International Trade. She said that both importer Performance Additives and the government are "adding terms to the statutes that aren't there," but said she understands because "none of this can work if we just read the words that are there" (Performance Additives v. United States, CIT # 22-00044).

The Commerce Department abused its discretion by denying an exporter’s supplemental questionnaire extension request amid the COVID-19 pandemic’s 2021 delta variant wave, Court of International Trade Judge Stephen Vaden ruled April 25. He pointed out that, by the time of the rejection, three of Simec’s key accountants had died of the disease and a fourth was "hospitalized and intubated."

The Court of International Trade on April 24 sustained CBP's finding on remand that importer Columbia Aluminum Products didn't evade the antidumping and countervailing duty orders on aluminum extrusions from China. But Judge Timothy Stanceu rejected Columbia's claim that CBP needed to immediately terminate the interim measures issued under the Enforce and Protect Act after reversing its original evasion finding.

Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.

The Court of International Trade on April 22 sent back the Commerce Department's decision not to attribute subsidies received by lumber suppliers to respondents in an expedited countervailing duty review on Canadian softwood lumber. Judge Mark Barnett said that if Commerce continues to find that the respondents are the producers of the subject lumber, the agency must reconsider its decision to require an upstream subsidy allegation for lumber purchases within the class of covered merchandise.

The Court of International Trade on April 19 sent back the International Trade Commission's decision to cumulate imports of oil country tubular goods (OCTG) from Argentina, Mexico, Russia and South Korea, in part because the commission failed to take into account the effect of U.S. sanctions on Russia in assessing whether the Russian goods compete at the same level of competition as the good from the other nations.

The Commerce Department misapplied the presumption of foreign state control by framing it as a burden on antidumping and countervailing duty respondents to "completely disprove potential government control," exporter Guizhou Tyre Co. argued in an April 18 reply brief at the U.S. Court of Appeals for the Federal Circuit (Guizhou Tyre Co. v. United States, Fed. Cir. # 23-2165).