The following lawsuit was filed recently at the Court of International Trade:
U.S. importer CME Acquisitions filed a complaint on March 6 at the Court of International Trade to contest the adverse facts available rate for the non-selected companies in the 2021-22 review of the antidumping duty order on stainless steel sheet and strip in coils from Taiwan (CME Acquisitions v. United States, CIT # 24-00032).
International Rights Advocates said the Court of International Trade's recent decision in Ninestar Corp. v. U.S. "highlights the unreasonableness of CBP's delay in issuing a [withhold release order] against imports of cocoa products made with forced child labor in Cote d'Ivoire" (International Rights Advocates v. U.S., CIT # 23-00165).
The Court of International Trade last week ordered a hearing in a countervailing duty injury case on whether any party violated the court's rules regarding the bracketing of confidential information, suggesting that Rule 11 sanctions were on the table.
The Court of International Trade on March 6 sustained the Commerce Department's fourth remand results excluding Star Pipe Products' ductile iron flanges from the antidumping duty order on cast iron pipe fittings from China.
A dispute settlement panel at the World Trade Organization on March 5 found that the EU's measures on palm oil and oil palm crop-based biofuels issued under its Renewable Energy Directive are generally compatible with the bloc's WTO commitments, but that elements of the policies violate global trade rules. The panel also weighed in on similar French and Lithuanian measures on the relevant products.
Importer Sucden Americas Corp. and the U.S. filed a stipulation of dismissal in a customs suit pertaining to the company's four entries of white refined sugar from Guatemala. The U.S. moved to dismiss the lawsuit in December, arguing that the case must be tossed because the importer didn't protest the liquidation of its entries or the denials of its post-importation preference claims (see 2312110045). As a result, the government said there was no subject-matter jurisdiction in the suit under Section 1581(a) (Sucden Americas Corp. v. U.S., CIT # 22-00228).
A group of steel nail exporters led by PT Enterprise will appeal a February Court of International Trade decision sustaining the Commerce Department's use of a simple average of standard deviations in the denominator of the Cohen's d test in detecting "masked" dumping as part of the antidumping duty investigation on steel nails from Taiwan (see 2402120036). The companies will take the case to the U.S. Court of Appeals for the Federal Circuit, where the Cohen's d test is being litigated in a lead case, Stupp Corp. v. U.S. The government's central contention in the present case is that Commerce's use of the full population of data precludes it from needing to satisfy statistical assumptions such as the normal variance of data (Mid Continent Steel and Wire v. U.S., CIT # 15-00213).
The U.S. on March 4 opposed exporter Chandan Steel Limited's motion for reconsideration of the Court of International Trade's order sustaining the company's adverse facts available rate in the 2018-19 antidumping duty review on stainless steel flanges from India. The government argued that the court properly found it didn't need to resolve certain issues pertaining to Chandan's allocation method for reporting its costs of production and that Chandan failed to show any "manifest error" in the court's decision to sustain the use of AFA based on the exporter's inadequate reporting of comparison market window period sales (Kisaan Die Tech Private, Ltd. v. United States, CIT # 21-00512).
The Court of International Trade in a decision made public March 5 sustained the Commerce Department's use of exporter Nexco's acquisition costs as a proxy for its suppliers' costs of production in the antidumping duty investigation on raw honey from Argentina.