An Indian stainless steel flanges exporter sought Jan. 8 to have the Court of International Trade reconsider part of its opinion upholding the company’s adverse facts available antidumping duty rate from the 2018-19 administrative review on its products (Kisaan Die Tech Private Ltd. v. U.S., CIT Consol. # 21-00512).
The Commerce Department's use of thresholds proposed by Dr. Jacob Cohen -- the creator of the Cohen's d test -- for evaluating the d statistic in the agency's analysis to detect "masked" dumping isn't line with "normal statistical practice," exporter SeAH Steel Corp. argued in a Jan. 8 reply brief at the U.S. Court of Appeals for the Federal Circuit (Stupp Corp. v. United States, Fed. Cir. # 23-1663).
The "low standard of proof" that the Forced Labor Enforcement Task Force used in adding exporter Ninestar Corp. to the Uyghur Forced Labor Prevention Act Entity List violates the requirements of UFLPA as written in the statute, Ninestar argued in a Jan. 10 supplemental brief at the Court of International Trade (Ninestar Corp. v. U.S., CIT # 23-00182).
The following lawsuit was filed recently at the Court of International Trade:
The Commerce Department is set to lower the countervailing duty for two Chinese solar cell exporters, removing adverse facts available rates for certain programs and changing several cost calculation methods, it said in remand results filed with the Court of International Trade (Risen Energy Co. v. U.S., CIT # 22-00231).
On Jan. 8, the U.S. moved to dismiss an importer’s claim contesting CBP's decision to liquidate nine of its picture frame moulding entries, saying the Court of International Trade lacks subject matter jurisdiction to hear the case because the liquidations were related to the importer's prior disclosure (Larson-Juhl US v. U.S., CIT # 23-00032).
President Joe Biden renewed the nominations of Joseph Laroski and Lisa Wang to the Court of International Trade after the original nominations were returned to the president due to inaction in the full Senate. The Senate Judiciary Committee in September approved the nominations of Wang, assistant secretary of commerce for enforcement and compliance, and Laroski, partner at Schagrin Associates, with votes of 12-9 and 18-3, respectively (see 2309140054). When forwarded for Senate confirmation, no action was taken in 2023.
The following lawsuits were filed recently at the Court of International Trade:
The Court of International Trade issued its judgment in a customs case on action camera maker GoPro Inc.'s camera housings just under two weeks after issuing its opinion in the case. In the Dec. 28 opinion, the court said the camera housings are camera parts and not cases, able to enter the U.S. duty-free (see 2312280038). On Jan. 9, Judge Timothy Reif granted GoPro's motion for summary judgment (GoPro Inc. v. U.S., CIT Consol. # 20-00176).
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).