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 Court of International Trade again remanded the Commerce Department's decision to continue using adverse facts available against countervailing duty respondent The Ancientree Cabinet Co. related to its alleged receipt of benefits under China's Export Buyer's Credit Program. In a July 22 decision made public July 30, Judge Richard Eaton instructed the agency to "determine a customer-specific rate that excludes" the EBCP subsidy amount for Ancientree's U.S buyers "whose non-use" of the program was verified.
Plaintiffs in the massive Section 301 litigation said the U.S. Supreme Court's recent decision in Loper Bright v. Raimondo, which overturned the Chevron principle of deferring to federal agencies' interpretations of ambiguous statutes (see 2406280051), is relevant to the consequential litigation concerning the lists 3 and 4A Section 301 duties (HMTX Industries v. U.S., Fed. Cir. # 23-1891).
The U.S. Court of Appeals for the Federal Circuit's Clerk's Office and Circuit Library will be unavailable Aug. 1 from 1 p.m. to 3:45 p.m. EDT, the court announced. Nonelectric filings can be deposited at the court's night drop box on H Street NW in Washington D.C. Electronic filing remains available.
The following lawsuit was recently filed at the Court of International Trade:
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).
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).
The Court of International Trade on July 29 sustained the Commerce Department's decision on remand to slash exporter Meihua Group International Trading (Hong Kong)'s antidumping duty rate from 154.07%, based on adverse facts available, to zero percent in the 2019-20 review of the AD order on xanthan gum from China.
The Court of International Trade on July 30 sustained the Commerce Department's decision on remand to remove exporter Nagase's compensation for payment expense from the company's general and administrative expense ratio. Judge Stephen Vaden also said that Nagase failed to exhaust its administrative remedies pertaining to its challenge to Commerce's assessment rate in the first review of the antidumping duty order on glycine from Japan.
The World Trade Organization on July 26 published a joint statement initiative on e-commerce -- the first "stabilised text" released following five years of negotiations on an e-commerce deal. The deal's eight sections cover general scope, e-commerce, "openness," trust, transparency, telecommunications, exceptions and institutional arrangements.