The Commerce Department "under protest" notified an Indonesian polyester textured yarn exporter of specific deficiencies in a questionnaire response it provided and gave it the chance to address them. As a result, the department reduced the exporter’s dumping margin from 26.07% to 9.20% (PT. Asia Pacific Fibers v. United States, CIT # 22-00007).
Countervailing duty petitioners Bio-Lab, Innovative Water Care and Occidental Chemical Corp. challenged the Commerce Department's refusal to use adverse facts available against exporters Heze Huayi Chemical Co. and Juancheng Kangtai Chemical Co. in an administrative review of the CVD order on chlorinated isocyanurates from China (Bio-Lab v. United States, CIT # 24-00118).
An importer of Vietnamese countertops said in a response to an Enforce and Protect Act investigation that it didn’t deny some of its countertops should have been covered by AD orders on Chinese quartz slabs -- it just hadn’t known they had originated from China (Superior Commercial Solutions v. United States, CIT # 24-00052).
The Court of International Trade on Aug. 8 denied exporter Habas Sinai ve Tibbi Gazlar Isihsal Endustrisi's motions to intervene in an antidumping suit and secure an injunction on its entries because its entries have "already been liquidated." Judge Jane Restani said that because the company failed to secure an injunction from the court prior to the liquidation of its entries, the court can't provide the relief the company seeks.
Russian exporter Industrial Group Phosphorite told the U.S. Court of Appeals for the Federal Circuit that the Commerce Department contradicted the countervailing duty statute in finding that the Russian government's provision of natural gas was de facto specific. Filing a reply brief on Aug. 7, the exporter said Commerce can't find that the agrochemical industry is the "predominant user of natural gas" by only comparing its usage among a subset of natural gas users as opposed to all natural gas users (The Mosaic Co. v. United States, Fed. Cir. # 24-1593).
The following lawsuits were recently filed at the Court of International Trade:
The U.S. said Aug. 6 that pistol maker Glock’s motion to compel discovery improperly required it to admit to "pure legal conclusions" and asked for irrelevant and disproportionate document production (Glock v. U.S., CIT # 23-00046).
Ljiljana Karadzic, wife of former Serbian President Radovan Karadzic, said the U.S. government's recent sponsorship of a U.N. Security Council Resolution related to petitions for sanctions delisting helps her case that the Office of Foreign Assets Control unreasonably delayed in ruling on her delisting petition (Ljiljana Karadzic v. Bradley Smith, D.D.C. # 23-01226).
The U.S. will appear for oral argument in an antidumping duty case at the U.S. Court of Appeals for the Federal Circuit despite appellants Risen Energy Co. and Canadian Solar waiving their rights to appear. Risen initially brought suit to challenge the 2017-18 AD review on solar cells from China. The company said the Commerce Department failed to use the best information when setting surrogate values for the company's backsheet and ethyl vinyl acetate inputs (see 2305170049). DOJ attorney Ashley Akers will appear for the government (Risen Energy Co. v. U.S., Fed. Cir. # 23-1550).
The following lawsuits were recently filed at the Court of International Trade: