The U.S. ignored the Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo in defending its circumvention finding on exporter Canadian Solar, the solar panel exporter said in a Nov. 15 reply brief. Canadian Solar said the Commerce Department should not be shown "tremendous" deference, as claimed by the U.S., since the agency doesn't have "unbridled authority to make an affirmative finding of circumvention" (Canadian Solar International v. United States, CIT # 23-00222).
Jacob Kopnick
Jacob Kopnick, Associate Editor, is a reporter for Trade Law Daily and its sister publications Export Compliance Daily and International Trade Today. He joined the Warren Communications News team in early 2021 covering a wide range of topics including trade-related court cases and export issues in Europe and Asia. Jacob's background is in trade policy, having spent time with both CSIS and USTR researching international trade and its complexities. Jacob is a graduate of the University of Michigan with a B.A. in Public Policy.
The Commerce Department continued to use German third-country comparison market data in the antidumping duty investigation on mushrooms from the Netherlands on remand at the Court of International Trade. Addressing the court's concern about whether exporter Prochamp's sales to Germany were actually sold in Germany, the agency said the record lets Commerce "reasonably estimate the percentage of German-language-labelled products sold to Prochamp’s largest German customer," which then may have been sold downstream in another German-speaking country "(i.e., Austria)" (Giorgio Foods v. United States, CIT # 23-00133).
The Court of International Trade defined the term "partners" under the statute regarding affiliation analyses in antidumping duty cases as "a for profit cooperative endeavor in which parties share in risk and reward."
The facilitator of the World Trade Organization's e-commerce work program called for members to submit their views on a work plan to structure talks on e-commerce between now and the 14th Ministerial Conference, which will take place in early 2026, with the goal of presenting recommendations at MC14, the WTO said.
Costa Rica formally accepted the World Trade Organization Agreement on Fisheries Subsidies Nov. 15, bringing the number of countries that have accepted the deal to 87. The WTO needs 24 more to reach the two-thirds of the membership threshold for the agreement to take effect.
A Venezuelan national was sentenced Nov. 14 to 30 months in prison for his role in a scheme to evade U.S. sanctions on Petroleos de Venezuela, a Venezuelan state-owned oil company, DOJ announced.
The Court of International Trade on Nov. 14 dismissed petitioner Aloha Pencil Co.'s case challenging the Commerce Department's recission of the review of the antidumping duty order on cased pencils from China, covering entries in 2022-23. The court noted that Aloha Pencil failed to timely file a complaint. Counsel for the company didn't respond to request for comment (Aloha Pencil Co. v. U.S., CIT # 24-00192).
U.S. Court of Appeals for the Federal Circuit Judges Kimberly Moore and Richard Taranto probed claims from both exporter Oman Fasteners and the U.S. during oral argument in a suit on the Commerce Department's selection of a surrogate financial statement in an administrative review of an antidumping duty order on steel nails from Oman (Mid Continent Steel & Wire v. United States, Fed. Cir. # 23-1039).
Congress gave the Commerce Department wide latitude to go after "masked" dumping, the Court of International Trade said in a decision made public Nov. 15 that upheld the agency's differential pricing analysis.
The EU asked the World Trade Organization to establish a compliance panel regarding Colombia's tariffs on frozen fries from the EU, the Directorate-General for Trade announced Nov. 14. The bloc decided to make the move after consultations between the parties fell through, the Directorate-General said.