The Commerce Department switched the basis on which it found the Korean government's full allotment of emissions permits under the Korean Emissions Trading System (K-ETS) was specific. Submitting its remand results under protest on July 31, Commerce said the full allotment of the permits was de facto specific after the Court of International Trade rejected the idea that the full allotment was de jure specific (Hyundai Steel Co. v. United States, CIT # 22-00170).
The U.S. Supreme Court's decision in Loper Bright v. Raimondo rejecting the Chevron principle of deferring to federal agencies' interpretations of ambiguous statutes doesn't call for the U.S. District Court for the District of Columbia to revisit a decision sustaining the sanctions designation of former Afghan government official Mir Rahman Rahmani and his son, Hafi Ajmal Rahmani, the U.S. said this week (Mir Rahman Rahmani v. Janet Yellen, D.D.C. # 24-00285).
The following lawsuit was recently filed at the Court of International Trade:
The Court of International Trade on July 30 stayed Chinese printer cartridge exporter Ninestar Corp.'s lawsuit challenging its placement on the Uyghur Forced Labor Prevention Act Entity List for four months or until the Forced Labor Enforcement Task Force issues a final decision in the exporter's delisting request before the task force (Ninestar Corp. v. U.S., CIT # 23-00182).
Multiple Indonesian glycine exporters argued July 29 that they have provided plenty of evidence they didn’t transship glycine from China. CBP and a petitioner, they said, are simply relying an a separate finding of affiliation and, otherwise, pure speculation (Newtrend USA v. U.S., CIT # 22-00347)
The U.S. Court of Appeals for the D.C. Circuit last week said that an entity can only violate the Plant Protection Act and Animal Health Protection Act for aiding, abetting, causing or inducing the illicit import of plant and animal products by knowingly taking part in the import process (Amazon Services v. U.S. Department of Agriculture, D.C. Cir. # 22-1052).
Opposing the Commerce Department’s second remand redetermination regarding Spanish utility-scale wind towers (see 2406250029), a wind tower trade coalition argued July 23 that part of an investigation’s collapsed mandatory respondent is only a holding company, and so shouldn’t be allowed to participate in the review (Siemens Gamesa Renewable Energy v. U.S., CIT # 21-00449).
A Colombian paper shopping bag exporter said in a complaint July 29 that the Commerce Department miscalculated the exporter’s dumping margin by failing to conduct a level of trade adjustment to its home market sales (Ditar v. U.S., CIT # 24-00130).
The following lawsuits were recently filed at the Court of International Trade:
The Commerce Department and exporter Teh Fong Min (TMF) International Co. said on July 26 that it will appeal a May Court of International Trade decision finding that the agency erred in revoking the antidumping duty orders on stilbenic optical brightening agents from Taiwan and China after it didn't receive a timely notice of intent to participate in the order's sunset reviews from a domestic producer (see 2405290050). The trade court told the agency to conduct the full sunset reviews because U.S. manufacturer Archroma U.S. filed substantive responses to the agency's notice of initiation of the sunset reviews. According to its notice of appeal, Commerce will take the case to the U.S. Court of Appeals for the Federal Circuit (Archroma U.S. v. U.S., CIT # 22-00354).