The Commerce Department appropriately found that details about U.S. seafood seller Luscious Seafood's wholesaling operations don't support the company's claim that it was a bona fide wholesaler of the domestic like product, the U.S. argued in a reply brief filed last week at the Court of International Trade. The government said that, as a result, Commerce permissibly found Luscious' request for an administrative review of the antidumping duty order on frozen fish fillets from Vietnam to be invalid (Luscious Seafood v. United States, CIT # 24-00069).
A recent Court of International Trade decision reviewing the Commerce Department's differential pricing methodology under Loper Bright Enterprises v. Raimondo is relevant to resolve a nearly identical claim in a separate case, the U.S. told the trade court in a notice of supplemental authority (Shanghai Tainai Bearing Co. v. United States, CIT # 24-00025).
Supporting its July motion for judgment (see 2407160051), Belgium citrate exporter Citribel again asked the Court of International Trade Dec. 6 to find that the Commerce Department’s refusal to conduct quarterly conversion cost analyses is unreasonable (Citribel v. U.S., CIT # 24-00010).
Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The Commerce Department’s self-developed “levels of trade” test doesn’t comport with U.S. law, especially since the Supreme Court's holding in Loper Bright, Spanish aluminum exporter Compania Valenciana de Aluminio Baux argued Nov. 27 in support of its June motion for judgment (see 2406130052) (Compania Valenciana de Aluminio Baux, S.L.U. v. United States, CIT # 23-00259).
Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
Responding to tapered roller bearing exporters’ August motion for judgment that cited Loper Bright to challenge the Commerce Department’s use of Cohen’s d test in administrative reviews, the U.S. said Nov. 14 that the department still exercises significant discretion in antidumping and countervailing duty matters (Shanghai Tainai Bearing Co. v. United States, CIT # 24-00025).
The U.S. argued Nov. 15 that an importer of Chinese-origin countertops had waived its challenge to CBP’s practice of initiating Enforce and Protect Act inquiries based on the agency’s “date of receipt” of a petition (Superior Commercial Solutions v. United States, CIT # 24-00052).
The U.S. ignored the Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo in defending its circumvention finding on exporter Canadian Solar, the solar panel exporter said in a Nov. 15 reply brief. Canadian Solar said the Commerce Department should not be shown "tremendous" deference, as claimed by the U.S., since the agency doesn't have "unbridled authority to make an affirmative finding of circumvention" (Canadian Solar International v. United States, CIT # 23-00222).
The Court of International Trade defined the term "partners" under the statute regarding affiliation analyses in antidumping duty cases as "a for profit cooperative endeavor in which parties share in risk and reward."