The Court of International Trade on Aug. 19 sustained the Commerce Department's decision not to amend the antidumping duty order on softwood lumber from Canada to revoke the order as to exporter Resolute FP Canada in the sunset review of the order.
The Court of International Trade on Aug. 16 said it's unreasonable for the Commerce Department not to attempt verification of an exporter's certificates proclaiming nonuse of China's Export Buyer's Credit Program, despite the exporter not having submitted such certificates for all its customers.
Last week, the Court of International Trade said anti-forced labor advocacy group International Rights Advocates (IRAdvocates) didn't have standing to challenge CBP's inaction in responding to a petition to ban cocoa from Cote d'Ivoire, alleging that it's harvested by child labor (see 2408080049). Speaking with Trade Law Daily, Terrence Collingsworth, counsel for IRAdvocates, said he intends to appeal the decision but, should that fail, he is ready to bring alternative plaintiffs before the court who may more clearly establish standing.
The U.S. Court of Appeals for the Federal Circuit on Aug. 15 sustained the Commerce Department's use of adverse facts available against exporter Unicatch Industrial Co. for failing to submit adequate cost reconciliation information in the 2015-16 review of the antidumping duty order on steel nails from Taiwan.
The Court of International Trade on Aug. 13 sustained the Commerce Department's countervailing duties on ribbon exporter Yama Ribbons and Bows pertaining to its reception of synthetic yarn and caustic soda, two ribbon inputs, for less than adequate remuneration. Judge Timothy Stanceu said Commerce adequately used adverse facts available in multiple instances of the subsidy analysis due to the Chinese government's failure to respond to the agency to the best of its ability.
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.
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Antidumping duty petitioner American Brass Rod Fair Trade Coalition told the Court of International Trade that the Commerce Department erred in making an adjustment for AD respondent Rajhans Metal's claimed work-in-process (WIP) and in valuing the company's scrap offset. Filing a complaint Aug. 9, the petitioner contested Rajhans' 2.19% AD rate set in the investigation on brass rod from India (American Brass Rod Fair Trade Coalition v. U.S., CIT # 24-00119).
Importer Acquisition 362, doing business as Strategic Import Supply, filed a complaint at the Court of International Trade on Aug. 8 claiming CBP failed to provide the company with a "statement of reasons" for the denial of its protest concerning its passenger vehicle and light truck tires from China. The company said protest denial was improper because it centered on a message from the Commerce Department, which the importer wasn't given access to (Acquisition 362, LLC dba Strategic Import Supply v. U.S., CIT # 24-00149).
Three wildlife advocacy groups took to the Court of International Trade on Aug. 8 to contest the collective failure of the Commerce, Treasury and Homeland Security departments and the National Marine Fisheries Service to ban fish or fish products exported from fisheries that don't meet U.S. bycatch standards under the Marine Mammal Protection Act (MMPA) (Natural Resources Defense Council v. Gina Raimondo, CIT # 24-00148).