The Commerce Department reasonably used adverse facts available against respondent Kumar Industries for failing to respond to the best of its ability in demonstrating that it's not affiliated with two unnamed companies, the Court of International Trade held on April 23. Judge Gary Katzmann held that Commerce's request for information on the alleged affiliations "should not have come as a surprise," adding that it's the respondent's burden to sufficiently populate the record.

The U.S. Court of Appeals for the Federal Circuit on April 23 again rejected the Commerce Department's use of the Cohen's d test as part of its analysis to detect and address "masked" dumping. A day after the court resoundingly struck down the agency's use of the test in a separate case (see Ref:2504220030]), Judges Alan Lourie, William Bryson and Leonard Stark said they were bound by the court's day-old ruling.

Twelve U.S. states led by Oregon filed a lawsuit April 23 against all of President Donald Trump's tariffs imposed under the International Emergency Economic Powers Act. The states' complaint argues that Trump exceeded his authority as established in IEEPA, since the "annual U.S. goods trade deficits" are not an "unusual and extraordinary threat." The states also argue that neither the reciprocal tariffs, nor the tariffs on China, Canada and Mexico imposed to address drug trafficking, establish a sufficient nexus to the claimed emergencies (The State of Oregon v. Donald J. Trump, CIT # 25-00077).

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Hoshine Silicon (Jia Xiang) Industry Co. has constitutional and statutory standing to challenge a withhold release order on silica-based products made by its parent company, Hoshine Silicon, or its subsidiaries, the Court of International Trade held in a decision made public April 22. However, Judge Claire Kelly dismissed Jiaxing Hoshine's claim against CBP's issuance of the WRO for being untimely, finding that it was brought after the statute of limitations had run out.

The Commerce Department cannot use the Cohen's d test to detect "masked" dumping when the "underlying data is not normally distributed, equally variable, and equally and sufficiently numerous," the U.S. Court of Appeals for the Federal Circuit held on April 22. Judges Sharon Prost, Richard Taranto and Raymond Chen said that it's "unreasonable" to use the test when it's applied to "data sets that do not satisfy the statistical assumptions."

The Court of International Trade on April 22 denied a group of five companies' application for a temporary restraining order against President Donald Trump's "reciprocal" tariffs imposed under the International Emergency Economic Powers Act. Judges Gary Katzmann, Timothy Reif and Jane Restani held that the companies "have not clearly shown a likelihood that immediate and irreparable harm would occur" before the court considers their motion for a preliminary injunction against the tariffs.

The U.S. Court of Appeals for the Federal Circuit affirmed April 21 the Commerce Department’s decision to adjust wind tower exporter Dongkuk S&C Co.’s steel plate input costs based on fluctuations in the input’s price over time -- price fluctuations unrelated to the plate’s physical characteristics. The department isn’t limited to adjusting only the costs of the physical characteristics it has used to define CONNUMs, it said.

The Court of International Trade cannot order the reliquidation of finally liquidated entries except where a protest has been filed or a civil action has been filed challenging an antidumping duty or countervailing duty determination, the U.S. Court of Appeals for the Federal Circuit held on April 21. Judges Richard Taranto and Raymond Chen held that the statute, 19 U.S.C. 1514, doesn't let the trade court order reliquidation based on equitable considerations.

The Court of International Trade on April 18 upheld the International Trade Commission's preliminary negative injury determination on aluminum extrusions from the Dominican Republic. Judge Lisa Wang rejected all three claims from petitioners U.S. Aluminum Extruders Coalition and United Steelworkers, which challenged the ITC's conclusions that the Dominican imports were negligible, there was "no likelihood of contrary evidence to arise in the final phase which would warrant a non-negligibility determination" and the Dominican imports didn't have the "potential to exceed the negligibility threshold in the imminent future."