The value of solar cell processing in Thailand was not “small,” plaintiff-intervenor and importer NextEra Energy Constructors said Dec. 2 (Canadian Solar International Limited v. U.S., CIT # 23-00222).

Importer Elysium said in remand comments Dec. 2 that the new report of an ex parte meeting the Commerce Department held with Elysium’s competitor, a domestic tile producer, while making a decision on an Elysium scope ruling is “adequate” and “satisfies the legal requirements” (Elysium Tiles v. United States, CIT # 23-00041).

The Commerce Department improperly used a period of review-wide allocation methodology for exporter Sahamitr Pressure Container's certification expenses, Sahamitr argued in its opening brief at the U.S. Court of Appeals for the Federal Circuit. The company said it followed Commerce's instructions throughout the 2019-20 review of the antidumping duty order on steel propane cylinders from Thailand only for the agency to find that its methodology to be "distortive" (Sahamitr Pressure Container v. United States, Fed. Cir. # 24-2043).

The International Trade Commission regulation requiring a party to file an entry of appearance in order to establish standing to sue a commission decision before the Court of International Trade is lawful and in line with the relevant statute, the U.S. said. Replying to importer Pay Less Here's bid to keep its case on the ITC's critical circumstances determination on mattresses from Burma alive, the government said Pay Less doesn't have standing since it failed to file an entry of appearance (Pay Less Here v. United States, CIT # 24-00152).

The following lawsuits were recently filed at the Court of International Trade:

An automobile parts exporter’s financial statements aren’t representative of exporter Your Standing International’s home market steel nail sales, Your Standing said Nov. 29 in support of its August motion for judgment (see 2408270046) (Your Standing International v. United States, CIT # 24-00055).

The Court of International Trade sustained the Commerce Department's remand results in a confidential decision on Dec. 2 on the antidumping duty investigation on oil country tubular goods from Argentina. Judge Claire Kelly gave the parties until Dec. 9 to review the confidential information in the decision. Previously, the judge remanded part of Commerce's decision to initiate the investigation, holding that the agency hadn't proven that the petition had at least 50% support from the domestic industry (see 2403220033). Kelly was concerned that some U.S. producers that both make and finish OCTGs may have accidentally been counted twice. On remand, Commerce said it found no evidence of double-counting (Tenaris Bay City, et al. v. U.S., CIT # 22-00343).

The Court of International Trade on Dec. 2 referred importer California Steel Industries' suit on its denied requests for Section 232 steel tariff exclusions to court-annexed mediation before Judge Leo Gordon. The action was previously referred to mediation, though the effort proved fruitless (California Steel Industries v. United States, CIT # 21-00015).

The U.S. and defendant-intervenors each replied Nov. 26 to importer CME Acquisition’s August motion for judgment (see 2408220024). They argued that the U.S. Court of Appeals for the Federal Circuit has put the burden on exporters to show that averaged adverse facts available rates for non-selected respondents via the expected method is unreasonable (CME Acquisitions v. United States, CIT # 24-00032).

The following lawsuits were recently filed at the Court of International Trade: