The following lawsuit was recently filed at the Court of International Trade:
On appeal, the U.S. and a petitioner each defended the Court of International Trade’s acceptance of its thrice-remanded (see 2401190037) countervailing duty calculation for Russian phosphate fertilizer exporters (The Mosaic Company v. U.S., Fed. Cir. # 21-00117, -20, -21).
Mandatory antidumping duty respondent Linyi Chengen Import and Export Co., along with 25 plywood exporters, urged the U.S. Court of Appeals for the Federal Circuit to uphold the Court of International Trade's decision giving Chengen and the separate rate respondents a zero percent dumping margin in the AD investigation on hardwood plywood from China (Linyi Chengen Import and Export Co. v. U.S., Fed. Cir. # 24-1258).
Because no party now opposes the results of a remanded scope ruling on engines with horizontal crankshafts from China, the government asked the Court of International Trade on July 18 to sustain the ruling (Zhejiang Amerisun Technology Co. v. U.S., CIT # 23-00011).
The Court of International Trade in a confidential decision July 17 sustained in part and remanded in part the Commerce Department's final determination in the antidumping duty investigation on preserved mushrooms from the Netherlands. Judge M. Miller Baker said he will make the decision public on July 25. U.S. mushroom producer Giorgio Foods contested Commerce's pick of Germany as the third-country comparison market and its decision not to use adverse facts available against respondent Prochamp (see 2307240018) (Giorgio Foods v. U.S., CIT # 23-00133).
An importer arguing that its Chinese-origin garlic that is boiled, then frozen shouldn’t be subject to antidumping duties on fresh garlic from China filed a motion for judgment in the Court of International Trade on July 15 (Export Packers Company Limited v. U.S., CIT # 24-00061).
The Commerce Department improperly decided that it can use Romania as the primary surrogate in the 2021-22 antidumping duty review on chlorinated isocyanurates from China after Romania wasn't submitted as a potential surrogate prior to the surrogate country comment deadline, exporters Heze Huayi Chemical Co. and Juancheng Kangtai Chemical Co. argued (Bio-Lab v. United States, CIT Consol. # 24-00024).
In a heavily redacted public brief, a mattress petitioner pushed back on several complex conclusions reached by the Commerce Department on remand regarding an antidumping duty order review on mattresses from Indonesia (PT. Zinus Global Indonesia v. U.S., CIT # 21-00277).
Loper Bright was cited yet again -- this time in a challenge to a sunset review’s finding that a softwood lumber exporter probably would continue dumping its products in the absence antidumping duties -- as attorneys continue trying to define the new limits of judicial discretion in the post-Chevron era (see 2406280051) (Resolute FP Canada v. U.S., CIT # 23-00095).
Hoverboards are toys, not transportation devices, an importer argued in a motion for judgment filed July 12 in one of a couple of identical classification disputes it has brought in recent years (see 2110150056 and 2112100053) (3BTech v. U.S., CIT # 21-00026).