Solar cell maker Auxin Solar and solar module designer Concept Clean Energy responded to the U.S. motion to dismiss their suit challenging the Commerce Department's pause of 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 (see 2401230040) (Auxin Solar v. United States, CIT # 23-00274).
The Court of International Trade on Feb. 26 remanded the Commerce Department's remand results in a case on the 15th review of the antidumping duty order on frozen fish fillets from Vietnam. Judge M. Miller Baker again sent back Commerce's failure to treat Indonesia as being at the same level of economic development as Vietnam during the surrogate country selection process. The judge also remanded Commerce's failure to consider evidence from petitioner Catfish Farmers of America regarding exporter NTSF Seafoods Joint Stock Co.'s reporting of its product information, though Baker then sustained Commerce's conclusion regarding the moisture content of NTSF's fish.
No lawsuits have been filed recently at the Court of International Trade.
Judge Lisa Wang, confirmed to the Court of International Trade on Feb. 1, was assigned to her first case at the trade court. The matter was reassigned to Wang after Judge Stephen Vaden recused himself since his former law clerk appeared in the action (see 2402120046). The case was brought by the American Kitchen Cabinet Alliance to challenge CBP's determination in an Enforce and Protect Act proceeding that importer Scioto Valley Woodworking didn't evade the antidumping and countervailing duty orders on wooden cabinets from China (see 2401230073) (American Kitchen Cabinet Alliance v. United States, CIT # 23-00140).
Importer Sterling Products, doing business as Auxiliaries Group, voluntarily dismissed its customs suit at the Court of International Trade on its chillers and parts of shredders and granulators. CBP classified the chillers under Harmonized Tariff Schedule subheading 8418.69.0180, along with Section 301 duties under secondary subheading 9903.88.01, and the parts of shredders and granulators under subheading 8479.90.9496, along with Section 301 duties under secondary subheading 9903.88.01. The importer said the goods are free of the Section 301 duties under secondary subheadings 9903.88.10 and 9903.88.07, respectively (Sterling Products d/b/a ACS Auxiliaries Group v. U.S., CIT # 20-03877).
The Court of International Trade on Feb. 22 again remanded the Commerce Department's use of total adverse facts available against exporter Meihua and its affiliate in an antidumping duty review on xanthan gum from China. Judge Jennifer Choe-Groves said Meihua properly submitted information on the duties it paid, and its submission of its data 56 days before the antidumping review's preliminary results wasn't "untimely."
The following lawsuits were recently filed at the Court of International Trade:
Exporter Shanghai Tainai Bearing Co. and importer C&U Americas brought a suit to the Court of International Trade on Feb. 20 challenging the 2021-22 review of the antidumping duty order on tapered roller bearings from China. The five-count complaint alleges a host of errors in the review, including on Commerce's use of partial adverse facts available (Shanghai Tainai Bearing Co. v. United States, CIT # 24-00025).
Exporter Nanjing Kaylang Co. filed a complaint at the Court of International Trade on Feb. 20 contesting a Commerce Department scope ruling that found Kaylang's products made from phragmites are subject to the antidumping and countervailing duty orders on wooden cabinets and vanities from China (Nanjing Kaylang Co. v. United States, CIT # 24-00045).
An aluminum foil importer argued Feb. 20 that the Commerce Department was wrong to find that a South Korean exporter circumvented antidumping and countervailing duties on Chinese aluminum because the underlying Chinese inputs underwent “significant” processing (Hanon Systems Alabama Corp. v. U.S., CIT # 24-00013).