The Court of International Trade on May 13 entered default judgment against Chinese exporter Cherish Your Health Food Inc. in a customs penalty case. The U.S. brought the suit in October 2023 claiming that the company hadn't paid antidumping duties on five fresh garlic entries imported in 2018-20 (United States v. Cherish Your Health Food, CIT # 23-00230).
The U.S. on May 10 told the U.S. Court of Appeals for the Federal Circuit that the Court of International Trade "improperly relied on extra-record information" in rejecting the Commerce Department's final determination in the antidumping duty investigation on hardwood plywood from China (Linyi Chengen Import and Export Co. v. United States, Fed. Cir. # 24-1258).
The following lawsuits were recently filed at the Court of International Trade:
The U.S. moved for a voluntary remand at the Court of International Trade to reconsider its decision to reject importer LE Commodities' requests for exclusions from Section 232 steel and aluminum tariffs. The government said it will "ensure that it appropriately addresses the record evidence" on remand. LE Commodities assented to the remand bid (LE Commodities v. United States, CIT # 23-00220).
Even if the public can deduce some trends or information about a company's confidential product information from publicly available sources, that doesn't "negate the confidential nature of the information submitted" as part of an International Trade Commission investigation, the ITC told the Court of International Trade on May 8 (OCP v. U.S., CIT Consol. # 21-00219).
The Court of International Trade on May 9 allowed a case to proceed against the Commerce Department's pause of antidumping and countervailing duties on Southeast Asian solar panels, rejecting motions to dismiss from the government and nine solar cell importers and exporters.
The U.K. High Court of Justice on May 3 said funds are subject to sanctions when a party can prove that the funds are being "in fact controlled" by a sanctioned party, not when there's "only reasonable cause to suspect" they are controlled by a sanctioned party, according to the Global Sanctions blog.
The Clerk's Office of the U.S. Court of Appeals for the Federal Circuit on May 9 announced that it will nix the live chat feature on its website. The Clerk's Office said parties will still be able to call the office at (202) 275-8000 or reach out via the Contact Us page "during normal operating hours."
The Court of International Trade last week granted exporter Red Sun Energy Long An Co.'s motion to supplement the record after the company noted the Commerce Department "omitted several critical pieces of information from the official certified copy" of the record in the 2023 anti-circumvention inquiry on solar cells from Vietnam it filed with the court (Red Sun Energy Long An Co. v. U.S., CIT # 23-00229).
The Court of International Trade in a May 1 decision made public May 9 upheld the Commerce Department's decision to use adverse facts available against mandatory respondent Risen Energy Co., though it remanded the methodology used to come up with the AFA rate. Judge Claire Kelly said that Commerce failed to pick from facts available and "instead created facts by manipulating evidence on the record."