A Moroccan exporter argued the Commerce Department can't ask open-ended questions about whether governments provided it any “other” subsidies, in questionnaires sent during administrative reviews (OCP S.A. v. U.S., CIT # 23-00261).
The U.S. defended the results, on voluntary remand, of its antidumping duty investigation on forged steel fluid end blocks from Germany, saying the Commerce Department wasn't allowed to adjust its calculations of an exporter’s costs of production in response to a particular market situation (Ellwood City Forge Co. v. U.S., CIT Consol. # 21-00077).
A Chinese aluminum foil exporter filed a complaint Jan. 8 at the Court of International Trade challenging the results of a 2021-2022 administrative review of the antidumping duty order covering their products (Jiangsu Dingsheng New Materials Joint-Stock Co. v. U.S., CIT # 23-00264).
The Court of International Trade on Jan. 8 opinion rejected a U.S. request to redact information in the court's recent opinion sustaining an International Trade Commission affirmative injury finding in antidumping and countervailing duty cases on mattresses.
The following lawsuits were filed recently at the Court of International Trade:
Antidumping petitioner Mid Continent Steel & Wire will appeal a January Court of International Trade decision sustaining the sixth AD review of steel nails from Oman in which the Commerce Department dropped its use of adverse facts available against exporter Oman Fasteners (see 2401050018). As stated in a notice of appeal, the petitioner will take the case to the U.S. Court of Appeals for the Federal Circuit. The notice of appeal was filed before a public version of the trade court's decision was released (Oman Fasteners v. U.S., CIT # 22-00348).
Parties in a case on the 2020 countervailing duty review on steel concrete reinforcing bar from Turkey disagreed on the impact of the Court of International Trade's ruling in a separate suit concerning the 2018 review of the same CVD order. Filing a joint status report to the trade court on Jan. 8, the U.S. and exporter Kaptan Demir Celik Endustrisi ve Ticaret said no consensus has been reached and "none of the parties have changed their position," though Kaptan said the court's decision "dictates the outcome of this proceeding given virtually identical facts" (Kaptan Demir Celik Endustrisi ve Ticaret v. United States, CIT # 22-00149).
The Commerce Department was wrong to equate captive power industries and utilities in its determination that an Indian aluminum exporter had received coal for less-than-adequate remuneration, the exporter said Jan. 5 in the Court of International Trade (Hindalco Industries Limited v. U.S., CIT # 23-00260)
CBP incorrectly claims it liquidated an entry of tire cord quality wire rods prior to telling the importer multiple times that the entry was suspended, Kiswire said Jan. 5 at the Court of International Trade (Kiswire Inc. v. U.S., CIT #22-00181).
The Court of International Trade in a Jan. 8 text-only order denied Florida man Zhe "John" Liu's motion to amend the protective order in a customs penalty case against Liu and his company GL Paper Distribution. The U.S. said the motion was another attempt to get around the limits of discovery in a separate criminal proceeding against Liu (United States v. Zhe "John" Liu, CIT # 22-00215).