Court of International Trade activity

The Court of International Trade in a pair of decisions sustained the Commerce Department's use of neutral facts available against respondent Shanghai Tainai Bearing Co. in the 33rd review of the antidumping duty order on tapered roller bearings from China and the agency's use of adverse facts available against the respondent in the AD order's 34th review. Judge Stephen Vaden said Commerce reasonably found in the 34th review that Tainai was aware of its unaffiliated suppliers' past non-cooperation but failed to work to the best of its ability to secure their cooperation.

The Court of International Trade on Dec. 19 found a factual dispute regarding the extent of CBP's role in the Section 232 exclusion request process for importer G&H Diversified Manufacturing, denying the company's motion for judgment on the pleadings. G&H secured a Section 232 exclusion for goods entered under subheading 7304.29.6115 but then saw CBP liquidate its goods under subheading 7304.59.8020. Judge Timothy Reif said G&H couldn't prevail on its claim that CBP failed to consider it previously determined, on at least three separate occasions, that the company's goods are classified under subheading 7304.29.6115 as part of its role in the exclusion process.

The Court of International Trade on Dec. 19 denied importer Lionshead Specialty Tire & Wheel's bid to amend a preliminary injunction that suspends liquidation of certain trailer wheel entries to not enjoin liquidation of wheel entries found by the Commerce Department to fall outside the scope of the AD/CVD orders on steel trailer wheels from China. The matter arose in Lionshead's suit against CBP's determination that various importers evaded the AD/CVD on Chinese trailer wheels. Judge Gary Katzmann said Lionshead failed to show "changed circumstances that warrant the modification of the preliminary injunction."

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

A recent Court of International Trade decision reviewing the Commerce Department's differential pricing methodology under Loper Bright Enterprises v. Raimondo is relevant to resolve a nearly identical claim in a separate case, the U.S. told the trade court in a notice of supplemental authority (Shanghai Tainai Bearing Co. v. United States, CIT # 24-00025).

Supporting its July motion for judgment (see 2407160051), Belgium citrate exporter Citribel again asked the Court of International Trade Dec. 6 to find that the Commerce Department’s refusal to conduct quarterly conversion cost analyses is unreasonable (Citribel v. U.S., CIT # 24-00010).

The Commerce Department failed to justify its de facto specificity finding regarding the South Korean government's provision of electricity below cost in the 2021 review of the countervailing duty order on cut-to-length carbon-quality steel plate from South Korea, the Court of International Trade held in a decision made public Dec. 17. Judge Claire Kelly said Commerce didn't lay out a "rational basis" for grouping certain industries together and declaring that the selected industries received a disproportionate benefit from the program.

The Commerce Department failed to consider whether importer Hardware Resources' edge-glued wood boards were wood mouldings and millwork products when it included the goods in the antidumping and countervailing duty orders on wood mouldings and millwork products from China, the Court of International Trade held on Dec. 16. In his first decision since joining the court, Judge Joseph Laroski said Commerce "ignored the threshold question of whether the product at issue is a wood moulding or millwork product."

The Court of International Trade in a pair of decisions sustained the Commerce Department's 33rd and 34th reviews of the antidumping duty order on tapered roller bearings from China. Judge Stephen Vaden upheld Commerce's decision on remand to use neutral facts available against respondent Shanghai Tainai Bearing Co. in the 33rd review and the agency's use of adverse facts available against the same company in the 34th review. In the 33rd review, Commerce used neutral facts available after declaring that it can't conclude that the exporter has enough control over its suppliers to induce their cooperation. In the 34th review, the agency said Tainai was aware of its suppliers' prior non-cooperation, yet failed to undertake best efforts to induce their cooperation.

The Court of International Trade upheld Dec. 17 the Commerce Department’s decision to swap back to the model match methodology it had used earlier in a review of antidumping duty orders on superabsorbent polymers from South Korea. The change meant administrative review mandatory respondent LG Chem’s AD rate jumped back up, from 17.64% to 26.05%.