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).
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. 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).
The following lawsuits were recently filed at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit gave text-only notice to exporter Canadian Solar that it failed to respond to the court's notice of oral argument in an appeal on the 2017-18 antidumping duty review on solar cells from China. Exporter Risen Energy Co. filed the appeal to claim that 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). While Risen waived its right to appear at oral argument (see 2408020019), the court told Canadian Solar that failure to respond to notice of oral argument "may result in dismissal or other action as deemed appropriate by the court" (Risen Energy Co. v. U.S., Fed. Cir. # 23-1550).
A petitioner supported the Commerce Department’s decision, on remand, to use Brazilian rather than Mexican labor cost data in its calculation of the antidumping duty margins for two exporters of steel kegs from China (see 2407240018) (New American Keg v. U.S., CIT # 20-00008).
The chair and ranking member of the House Select Committee on China, along with a bipartisan group of 53 representatives, filed an amicus brief last week in the suit against the TikTok ban to support the constitutionality of the ban (see 2406070023) (TikTok v. Merrick Garland, D.C. Cir. # 24-1113).
The Court of International Trade on Aug. 5 sustained the Commerce Department's decision to lower the countervailing duty subsidy rate for exporter Yama Ribbons and Bows Co. related to China's Export Buyer's Credit Program, from 10.54% to 0.87%. The result is a final, recalculated 22.2% total subsidy rate for Yama in the 2017 administrative review of the CVD order on narrow woven ribbons from China.
The following lawsuits were recently filed at the Court of International Trade:
Cruise Car, Inc. on Aug. 1 voluntarily dismissed its 2020 customs case against the United States. The golf cart company never filed a complaint (Cruise Car, Inc. v. U.S., CIT # 20-03933).