Importers and exporters of solar cells and modules from Cambodia, Malaysia, Thailand and Vietnam must complete and sign certifications within the next several weeks for any entries after April 1, 2022, to avoid antidumping and countervailing duties imposed in the preliminary determination of an anti-circumvention inquiry released by the Commerce Department on Dec. 2.

The U.S. is likely to see several more resolutions under the Foreign Corrupt Practices Act in the coming months, Acting Principal Deputy Assistant Attorney General Nicole Argentieri said at an annual FCPA conference this week. Argentieri made the remark after highlighting FCPA enforcement action taken in 2022. These moves included three corporate FCPA resolutions, involving Stericycle, Glencore and GOL Linhas Airlines, and one declination under the Corporate Enforcement Policy with disgorgement, involving Jardine Lloyd Thompson Group Holdings (JLT).

The Court of International Trade in a Dec. 1 opinion rejected the U.S.' motion to partially dismiss the alternative claims of jurisdiction in a case over the Commerce Department's assessment of antidumping duties. Judge Gary Katzmann said the question of the opinion was whether a party can dismiss an alternatively pleaded ground of jurisdiction. The judge said that since the U.S.'s motion "as styled is not the proper vehicle," the motion is denied.

The Court of International Trade should deny fish importer Southern Cross Seafoods' motion to expedite a case concerning the importer's application for preapproval to enter Chilean sea bass since the question of jurisdiction should settle the action, the U.S. argued in a Nov. 28 reply brief. The motion to expedite is "premature and unwarranted," and failing to expedite would not deprive Southern Cross of its requested relief, the U.S. said (Southern Cross Seafoods v. United States, CIT # 22-00299).

CBP cannot rely on country trade patterns as specific evidence for evasion of antidumping and countervailing duties in Enforce and Protect Act proceedings, importer Skyview Cabinets USA argued in a Nov. 29 reply brief at the Court of International Trade. CBP also erred by relying on statements from a corporate investigator, paid for by the alleger in the EAPA case, that are "inconsistent with the record." While Masterbrand tries to "downplay" facts presented by Skyview by using words such as "discrepancies, deficiencies, inconsistencies, and omissions," CBP never investigated any of these perceived discrepancies as required by law, Skyview said (Skyview Cabinet USA v. United States, CIT #22-00080).

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CBP failed to provide public summaries of the confidential information in an Enforce and Protect Act antidumping duty evasion investigation, the Court of International Trade ruled in a Nov. 28 opinion. Judge Jennifer Choe-Groves sent back parts and upheld parts of the EAPA finding, ultimately also remanding CBP's decision to retroactively cover entries made before the EAPA statute came into force and include merchandise found by the Commerce Department in a scope ruling to not be covered by the order.

The Court of International Trade on Nov. 28 blocked imports of certain fish taken from New Zealand's West Coast North Island multispecies set-net and trawl fisheries. In an opinion that cited renowned conservationist Rachel Carson, Judge Gary Katzmann found plaintiffs are likely to succeed in arguing two claims in the case seeking a Marine Mammal Protection Act ban on imports of fish and fishery products from New Zealand and caught using techniques that have caused the near extinction of the Maui dolphin, warranting the injunction. The injunction covers snapper, tarakihi, spotted dogfish, trevally, warehou, hoki, barracouta, mullet and gurnard from the New Zealand set-net and trawl fisheries.

An amended complaint in a conflict-of-interest case does not cure the fundamental deficiencies of the suit, the U.S. argued in a second motion to dismiss at the Court of International Trade. While the amended complaint included specific examples of alleged ethical violations committed by plaintiff Amsted Rail Co.'s former counsel and a declaration from an ethics expert, the case still suffers from a lack of jurisdiction, the government said (Amsted Rail Co. v. United States, CIT # 22-00316).

The Court of International Trade erred by upholding the Commerce Department's exclusion of dual-stenciled pipe from the antidumping duty order on circular welded carbon steel pipes and tubes from Thailand, defendant-appellant Wheatland Tube Co. told the U.S. Court of Appeals for the Federal Circuit in its opening brief. Commerce's original scope ruling including dual-stenciled pipe was backed by evidence since the pipe met the physical characteristics laid out in the scope of the order "and was made to an industrial specification for standard pipe" (Saha Thai Steel Pipe Public Co. v. United States, Fed. Cir. # 22-2181).