After the Commerce Department made no changes to the results of a 2019-20 administrative review of the antidumping duty order on Chinese solar cells (see 2408300020) after a remand order (see 2405090045), importers and exporters said that the department had failed to follow the trade court’s instructions -- continuing to justify use of a second surrogate to value an input with the argument that it needed that input reported in something other than kilograms even though it itself ordered respondents to report that way (Jinko Solar Import and Export Co. v. United States, CIT # 22-00219).

The following lawsuit was recently filed at the Court of International Trade:

The Court of International Trade sustained the Commerce Department's decision on remand to not apply partial adverse facts available against exporter Garg Tube in the 2018-19 review of the antidumping duty order on welded carbon steel standard pipes and tubes from India. Judge Claire Kelly issued a confidential decision deciding the matter, giving the parties until Nov. 14 to review the confidential information in the opinion (Garg Tube Export v. U.S., CIT # 21-00169).

The Court of International Trade remanded the Commerce Department's finding that exporter Louis Dreyfus wasn't affiliated with its main fresh lemon supplier, leading to a de minimis rate for the company in the antidumping duty investigation on lemon juice from Brazil. Filing a confidential decision Nov. 7, Judge Claire Kelly gave the parties until Nov. 14 to review the confidential information in the opinion (Ventura Coastal v. U.S., CIT # 23-00009).

After the Court of International Trade ruled that a Section 301 exclusion for side protective attachments for trucks is a principal use provision, not an eo nomine one (see 2410070030), a vehicle accessories importer asked CIT Judge Jennifer Choe-Groves on Nov. 6 to either reconsider or let it bring an interlocutory appeal to the U.S. Court of Appeals for the Federal Circuit (Keystone Automotive Operations v. U.S., CIT # 21-00215).

In response to U.S. opposition (see 2410090041) to its motion for judgment (see 2408010044), an aluminum importer again said Nov. 5 that its manufacturer’s production in South Korea was not minor or insignificant (Hanon Systems Alabama Corp. v. U.S., CIT # 24-00013).

Chinese lidar company Hesai Technology and the U.S. agreed to file new motions for summary judgment in the company's lawsuit against its designation as a Chinese military company after the Pentagon relisted the firm (see 2410230018). Filing a joint status report on Nov. 5 at the U.S. District Court for the District of Columbia, the parties agreed that their pending cross-motions for judgment are moot and that renewed cross-motions for summary judgment are needed. The parties submitted a proposed schedule that would run from Nov. 8 to mid-February 2025 (Hesai Technology Co. v. Department of Defense, D.D.C. # 24-01381).

The Court of International Trade on Nov. 6 granted the government's voluntary remand request in a suit on the 2019-20 administrative review of the antidumping duty order on aluminum extrusions from China. The U.S. asked for the remand to consider the impact of recent CIT cases Global Aluminum Distributor v. U.S. and H&E Home v. U.S. in which CBP reversed its findings of AD/CVD evasion on Dominican exporter Kingtom Aluminio (see 2209080013) (Kingtom Aluminio v. United States, CIT Consol. # 22-00072).

Importer Lionshead Specialty Tire and Wheel argued that the continued application of an injunction on the liquidation of its "Method B" wheel entries is "inequitable," since the plain reading of the injunction shows that the Method B wheels never have been enjoined. Responding to opposition from AD/CVD petitioner Dexstar Wheel Division of Americana Development Inc. to Lionshead's bid to amend the PI at the Court of International Trade, Lionshead added that the amendment wouldn't reverse a CBP decision, as Dexstar claims (Lionshead Specialty Tire and Wheel v. United States, CIT Consol. # 24-00019).

The following lawsuit was recently filed at the Court of International Trade: