The International Trade Commission shouldn't have sought information about the circulation of phosphate fertilizer already in the market nor expected that circulation to prevent oversupply, two importers said in two March 1 briefs for the Court of International Trade (OCP S.A. v. U.S., CIT Consol. # 21-00219).
A Canadian-owned company told the U.S. Court of Appeals for the Federal Circuit in an opening brief March 1 that its "internal inventory transfer" from a Canadian warehouse to New York was not a sale for export, and its goods shouldn’t have been liquidated using transaction value with a 75.75% “uplift” (Midwest-CBK, LLC v. U.S., Fed. Cir. # 24-1142).
The Court of International Trade on March 5 sustained the Commerce Department's remand results in a suit on the antidumping investigation on raw honey from Argentina. Judge Claire Kelly said Commerce properly used exporter Nexco's acquisition costs as a proxy for its suppliers' costs of production. Because the statute emphasizes finding whether the goods are sold at below fair value, the agency's departure from its normal practice of using the suppliers' data is "justified," Kelly said. The judge also upheld Commerce's comparison of Nexco's normal values based on third country sales prices and U.S. sales prices on a monthly, rather than quarterly, basis.
The following lawsuit was filed recently at the Court of International Trade:
The Court of International Trade on March 1 issued a scheduling order in the lawsuit challenging the Commerce Department's pause on antidumping and countervailing duties on solar cells and modules from Southeast Asian countries found to be circumventing the AD/CVD orders on these goods from China (Auxin Solar v. United States, CIT # 23-00274).
Antidumping duty petitioners Bio-Lab, Innovative Water Care and Occidental Chemical Corp. took to the Court of International Trade on March 1 to contest the Commerce Department's surrogate country pick in the 2021-22 antidumping duty review on chlorinated isocyanurates from China (Bio-Lab v. United States, CIT # 24-00024).
The Court of International Trade on Feb. 29 sustained the Commerce Department's remand results in a case on the 2019 administrative review of the countervailing duty order on crystalline silicon photovoltaic cells from China. On remand, Commerce reversed its decision to apply subsidy rates to China's Export Buyer's Credit Program (EBCP) and a Chinese tax program for the CVD rate for exporters Risen Energy Co. and JA Solar Technology Yangzhou Co.
The Court of International Trade remanded the Commerce Department's antidumping duty investigation on superabsorbent polymers from South Korea in a March 1 confidential opinion. Petitioner Ad Hoc Coalition of American SAP Producers' motion for judgment had argued against Commerce's use of alternative characteristics of superabsorbent polymers supplied by respondent LG Chem to set control numbers (see 2307170007). The petitioner said the use of LG Chem's alternative characteristics is contrary to the agency's established practice (The Ad Hoc Coalition of American SAP Producers v. U.S., CIT # 23-00010).
The Court of International Trade on March 1 rejected importer Diamond Tools Technology's request for attorney fees in its suit challenging CBP's finding that the company evaded the antidumping duty order on diamond sawblades from China. Judge Timothy Reif said that since the case presented two issues of "first impression," the government's position was "substantially justified."
Just as the Court of International Trade ruled, the U.S. Court of Appeals for the Federal Circuit can hear a Chinese diamond sawblade exporter’s case on a new issue arising from a separate rate determination even though CAFC has already decided a previous case regarding that same determination, an importer said Feb. 28 (China Manufacturers Alliance, LLC v. U.S., Fed. Cir. # 23-2391).