The Commerce Department was right to make a Vietnam-wide determination that exporters were circumventing antidumping and countervailing duty orders on solar panels from China on the basis of an affirmative finding for 10 respondents, the U.S. argued Oct. 21 (Trina Solar (Vietnam) Science & Technology Co. v. U.S., CIT # 23-00228).
The U.S. Court of Appeals for the Federal Circuit on Oct. 21 dismissed importer Phoenix Metal Co.'s appeal of CBP's affirmative finding that the company evaded the antidumping and countervailing duty orders on cast iron soil pipe from China by transshipping through Cambodia (see 2406100027). The Court of International Trade rejected Phoenix's due process claims, which faulted CBP for failing to notify the company that it was subject to an interim EAPA investigation, finding that the company failed to allege that it suffered specific-enough arm by being subject to the interim measures without adequate notice (Phoenix Metal Co v. U.S., Fed. Cir. # 24-2222).
The Court of International Trade on Oct. 18 granted the voluntary dismissal of importer LE Commodities' challenge to the Commerce Department's rejection of its requests for exclusions from Section 232 steel and aluminum tariffs (LE Commodities v. U.S., CIT # 23-00220).
The U.S. asked the Court of International Trade on Oct. 18 for a voluntary remand of the final results of the Commerce Department's 2019-2020 review of the countervailing duty order on aluminum extrusions from China, saying it wants to consider the impact of recent remand results in the cases Global Aluminum Distributor v. U.S. and H&E Home v. U.S. (see 2209080013) (Kingtom Aluminio v. United States, CIT Consol. #22-00072).
The following lawsuit was recently filed at the Court of International Trade:
The Court of International Trade on Oct. 21 in a confidential decision sustained the Commerce Department's denials of all eight of importer Seneca Foods Corp.'s requests for exclusions from Section 232 steel and aluminum tariffs. Judge Gary Katzmann gave the parties until Oct. 22 to review the confidential information in the decision. Katzmann previously remanded the exclusion rejection on the grounds the Bureau of Industry and Security failed to address contradicting evidence that the U.S. industry couldn't timely provide the importer's tin mill products (see 2310180052). On remand, BIS stuck with its rejections of the exclusion requests, finding that U.S. Steel can make the same products in a sufficient quantity and in a timely manner to satisfy Seneca's needs (see 2404020047) (Seneca Foods Corp. v. United States, CIT # 22-00243).
Responding to petitioners’ pushback (see 2409270050) against new results on remand that saw the Commerce Department lower a Brazilian honey exporter’s antidumping duty rate from 83.72% to 10.52%, the U.S. said it supports the results (Apiario Diamante Comercial Exportadora v. United States, CIT # 22-00185).
The Court of International Trade in a confidential Oct. 18 order sustained in part and remanded in part the Commerce Department's countervailing duty investigation on passenger vehicle and light truck tires from Vietnam. Judge Timothy Reif gave the parties until Oct. 25 to review the confidential information in the decision for potential bracketing. The suit was brought by exporter Kumho Tire (Vietnam), which received a 7.89% CVD rate and claimed that Commerce can't countervail Vietnam's currency valuation practices (see 2206030027) (Kumho Tire (Vietnam) Co. v. United States, CIt # 21-00397).
AD/CVD petitioner Dexstar Wheel Division of Americana Development on Oct. 15 opposed importer Lionshead Specialty Tire and Wheel's motion to amend a preliminary injunction in an antidumping and countervailing duty evasion case on steel trailer wheels to allow CBP to liquidate some of its entries. Dexstar said Lionshead failed to show that its entries are the specific type of wheels found by the Commerce Department to be excluded from the AD/CVD orders on the steel trailer wheels from China (Dexter Distribution Group LLC v. U.S., CIT Consol. # 24-00019).
Exporter Oman Fasteners on Oct. 18 urged the U.S. Court of Appeals for the Federal Circuit to reschedule oral argument in its antidumping duty appeal that is currently set for Nov. 7. Counsel for the exporter said an "unforeseeable scheduling conflict arose that will make it exceedingly difficult" for the company to argue the case on that date (Oman Fasteners v. United States, Fed. Cir. # 23-1661).