Plaintiffs in the massive Section 301 litigation said the U.S. Supreme Court's recent decision in Loper Bright v. Raimondo, which overturned the Chevron principle of deferring to federal agencies' interpretations of ambiguous statutes (see 2406280051), is relevant to the consequential litigation concerning the lists 3 and 4A Section 301 duties (HMTX Industries v. U.S., Fed. Cir. # 23-1891).
The Court of International Trade on Aug. 1 sustained the International Trade Commission's decision to cumulate hot-rolled steel imports from Australia with other countries' goods when conducting a five-year sunset review of the antidumping duty order on hot-rolled steel flat products from Australia. Judge Gary Katzmann rejected exporter BlueScope Steel's claim that the ITC had established a past practice of considering U.S. investments by foreign producers in cumulation analyses. The court held that the cumulation decision was backed by substantial evidence.
The following lawsuit was recently filed at the Court of International Trade:
The Court of International Trade on July 30 stayed Chinese printer cartridge exporter Ninestar Corp.'s lawsuit challenging its placement on the Uyghur Forced Labor Prevention Act Entity List for four months or until the Forced Labor Enforcement Task Force issues a final decision in the exporter's delisting request before the task force (Ninestar Corp. v. U.S., CIT # 23-00182).
The Court of International Trade on July 29 sustained the Commerce Department's decision on remand to slash exporter Meihua Group International Trading (Hong Kong)'s antidumping duty rate from 154.07%, based on adverse facts available, to zero percent in the 2019-20 review of the AD order on xanthan gum from China.
The Court of International Trade on July 30 sustained the Commerce Department's decision on remand to remove exporter Nagase's compensation for payment expense from the company's general and administrative expense ratio. Judge Stephen Vaden also said that Nagase failed to exhaust its administrative remedies pertaining to its challenge to Commerce's assessment rate in the first review of the antidumping duty order on glycine from Japan.
The following lawsuits were recently filed at the Court of International Trade:
The Commerce Department and exporter Teh Fong Min (TMF) International Co. said on July 26 that it will appeal a May Court of International Trade decision finding that the agency erred in revoking the antidumping duty orders on stilbenic optical brightening agents from Taiwan and China after it didn't receive a timely notice of intent to participate in the order's sunset reviews from a domestic producer (see 2405290050). The trade court told the agency to conduct the full sunset reviews because U.S. manufacturer Archroma U.S. filed substantive responses to the agency's notice of initiation of the sunset reviews. According to its notice of appeal, Commerce will take the case to the U.S. Court of Appeals for the Federal Circuit (Archroma U.S. v. U.S., CIT # 22-00354).
Opposing the Commerce Department’s second remand redetermination regarding Spanish utility-scale wind towers (see 2406250029), a wind tower trade coalition argued July 23 that part of an investigation’s collapsed mandatory respondent is only a holding company, and so shouldn’t be allowed to participate in the review (Siemens Gamesa Renewable Energy v. U.S., CIT # 21-00449).
The Court of International Trade on July 26 sent back the Commerce Department's consideration of alternative time periods in using the Cohen's d test to detect "masked" dumping in the 2020-21 review of the antidumping duty order on circular welded carbon-quality steel pipe from the United Arab Emirates.