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).
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 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 following lawsuits were recently filed at the Court of International Trade:
An exporter and a petitioner each filed an opposition to the Commerce Department’s final results upon remand for an antidumping duty review on Indian-origin steel pipe, in which the department provided a strong defense of adverse facts available as a tool to combat the problem of noncooperative unaffiliated suppliers (see 2407100037) (Garg Tube Export v. U.S., CIT # 21-00169).
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).
The Court of International Trade on Aug. 9 granted importer Blockstream USA Corp.'s bids to dismiss three of its own customs cases on the classification of its cryptocurrency miners. The court previously dismissed one of the cases for failure to prosecute after Blockstream didn't move to extend the time for the case to remain on the customs case management calendar. This dismissal was set aside after the company asked the court to help correct the error (see 2404050029). Counsel for Blockstream didn't immediately respond to a request for comment on why the company moved to dismiss the cases (Blockstream Services USA v. U.S., CIT #s, 22-00101, 23-00018) (Blockstream USA Corp. v. United States, CIT # 20-00149).
U.S. export controls are blocking Huawei's access to evidence that it needs to prepare for its upcoming trial on racketeering, trade secret theft and other charges (see 2002130045), the Chinese technology company said in a court filing last week.
The Commerce Department "under protest" notified an Indonesian polyester textured yarn exporter of specific deficiencies in a questionnaire response it provided and gave it the chance to address them. As a result, the department reduced the exporter’s dumping margin from 26.07% to 9.20% (PT. Asia Pacific Fibers v. United States, CIT # 22-00007).
An importer of China-origin garlic chunks argued in an Aug. 7 complaint that it shouldn’t have been found to be circumventing antidumping duties on fresh garlic from China, saying that its garlic chunks are exempt because they are preserved in citric acid (Green Garden Produce v. United States, CIT # 24-00114).