The Commerce Department and the International Trade Commission published the following Federal Register notices June 25 on AD/CVD proceedings:
The following lawsuit was filed recently at the Court of International Trade:
Exporters led by Bioparques de Occidente agreed to voluntarily dismiss their appeal at the U.S. Court of Appeals for the Federal Circuit regarding an antidumping duty investigation on tomatoes from Mexico originally opened in 1996 but subject to a series of suspension agreements negotiated between the Commerce Department and the Mexican government. The case was previously stayed after the Court of International Trade settled a related lawsuit (Bioparques de Occidente v. United States, Fed. Cir. # 23-2109).
The Court of International Trade on June 24 in a confidential decision sustained the Commerce Department's antidumping duty investigation on lemon juice from Brazil. In a letter to the litigants, Judge Claire Kelly said she intends to issue a public version of the decision on or shortly after July 2. Kelly previously remanded the investigation so the agency could redo its analysis of whether respondent Louis Dreyfus and its unnamed supplier, Supplier A, are affiliated or are partners (see 2411180024). Kelly said Commerce failed to consider whether Louis Drefyfus has the "ability to control Supplier A," and whether the supplier is "reliant" on the respondent. On remand, Commerce continued to find that Louis Dreyfus and Supplier A aren't affiliated, nor are they partners (see 2502180037). The agency said it's important to distinguish "exclusivity" from "reliance" in affiliation analyses, noting that an exclusive relationship with a supplier doesn't mean a party isn't capable of acting independently if the exclusive relationship is no longer in its interests (Ventura Coastal v. United States, CIT # 23-00009).
Replying to U.S. opposition to its motion for judgment, shopping bag exporter Ditar said June 19 that the government still hasn’t addressed substantial evidence that Ditar’s home market sales had been made at “a more remote and significantly different level of trade” than its U.S. sales, justifying an adjustment in an antidumping duty investigation on Colombian paper shopping bags (Ditar v. United States, CIT # 24-00130).
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The U.S. Court of Appeals for the 9th Circuit on June 23 upheld a jury's determination that importer Sigma Corp. is liable under the False Claims Act for lying about whether its imports were subject to antidumping duties. Judges Michelle Friedland and Mark Bennett said no errors of law were made against Sigma and that the federal district court, not the Court of International Trade, had jurisdiction in the case (Island Industries v. Sigma Corp., 9th Cir. # 22-55063).
The Commerce Department and the International Trade Commission published the following Federal Register notices June 24 on AD/CVD proceedings:
The following lawsuits were filed recently at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit on June 20 issued its mandates in a pair of appeals on three exporters' challenges to the Commerce Department's decision to deny them separate rates in the 2012-13 and 2014-15 reviews of the antidumping duty order on new pneumatic off-the-road tires from China (see 2504280020). The court said the exporters' claims on whether the agency can "deem decisive an exporter's failure to establish lack of state control of management selection" without more proof of state control over export activities were precluded by the appellate court's recent holding in Pirelli Tyre v. U.S. The court then said Commerce provided sufficient evidence to back its decision to reject the separate rate applications of all three companies (Guizhou Tyre Co. v. United States, Fed. Cir. # 23-2163) (China Manufacturers Alliance v. United States, Fed. Cir. # 23-2391).