Court of International Trade Judge Richard Eaton issued opinions for two antidumping and countervailing cases, sustaining the second remand results in one and remanding the application of adverse facts available in another.
Negative injury determinations that ended antidumping duty investigations on polyethylene terephthalate resin from Brazil, Indonesia, South Korea, Pakistan and Taiwan in 2018 will stand, after the Court of International Trade sustained a remand redetermination from the International Trade Commission that provided further explanation of the ITC’s decisions without any changes to the end result.
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade remanded a trade adjustment assistance case back to the Labor Department after the agency denied a unionized group of former AT&T call center employees the aid. In a May 4 opinion, Judge M. Miller Baker found that Labor failed to discuss or even reference the union's evidence of why the trade adjustment assistance was warranted in its determination, warranting a remand for reconsideration of the agency decision. The former call center employees worked for AT&T at the Kalamazoo, Michigan, call center location and were let go following the telecommunications company's decision to relocate the jobs to Mexico, the Philippines and the Caribbean.
Truck and bus tire exporter Guizhou Tyre Co. cited a recent Court of International Trade opinion to argue that it should be given an individual dumping rate in an antidumping investigation of truck and bus tires from China, in an April 30 notice of supplemental authority. Drawing on CIT's April 29 opinion in Jilin Forest Industry Jinqiao Flooring Group Co. v. U.S. (see 2104300079), Guizhou claimed that an argument it made in its own case in CIT directly mirrors one accepted by the court about how de facto government control is determined by the Commerce Department.
The Commerce Department will no longer apply adverse facts available to the antidumping rate for an Indian shrimp exporter, it said in remand results filed May 4 (Calcutta Seafoods Pvt. Ltd. v. U.S., CIT # 19-00201). The filing follows a Feb. 3 Court of International Trade decision which found that Commerce did not aid a small, first-time mandatory respondent to an AD case enough and unlawfully applied AFA to the exporter (see 2102030006). Commerce will now use neutral facts available, leading the agency to drop frozen warmwater shrimp exporter Elque Group's dumping margin to 27.66% from 110.9%.
The Court of International Trade issued two decisions related to the application of adverse facts available in antidumping duty proceedings on solar cells from China and cold-rolled steel flat products from South Korea shipped through Vietnam.
Although a court opinion last week cleared the way for exports of 3D-printed guns to be removed from State Department jurisdiction, the guns will continue to be covered under the agency’s U.S. Munitions List until the ruling is made official, the State Department said.
Changes made to the Court of International Trade's rules and fees took effect on May 3, according to an earlier notice of the amendments. Alterations to CIT Rules 3, 5, 15, Form 20 and Administrative Order 02-01 are now in force along with changes in fees made to the Schedule of Fees, Rule 74 and Form 10. The attorney admission certificate fee for the original admission of an attorney to practice was raised to $88, from $81.
The following lawsuits were recently filed at the Court of International Trade: