Vietnamese circular welded steel pipe exporter SeAH Steel Vina denied in a Jan. 13 brief that it was confusing antidumping and countervailing duty reviews with circumvention inquiries. Leaning on Loper Bright, it again argued that circumvention inquiries can’t be conducted into the same products from the same countries if they were previously found not to have been dumped or subsidized (SeAH Steel Vina Corp. v. United States, CIT Consol. # 23-00256, -00257, -00258).
The Commerce Department's exceeded its statutory authority when it revoked an antidumping duty order on the grounds that it never received a notice of intent to participate from an interested domestic party in a sunset review, petitioner Archroma U.S. argued. Filing a reply brief at the U.S. Court of Appeals for the Federal Circuit, Archroma said Commerce's authority to ensure the "integrity of its procedures" doesn't allow it to "adopt measures exceeding its statutory authority" (Archroma U.S. v. United States, Fed. Cir. # 24-2159).
Vehicle side bar importer Keystone Automotive Operations’ classification dispute shouldn’t be granted reconsideration after a Court of International Trade ruling went against it (see 2410070030), the U.S. said Jan. 15 (Keystone Automotive Operations v. United States, CIT # 21-00215).
Leaning on Loper Bright, Chinese solar cell exporter Yingli Energy pushed back against the Commerce Department’s usual presumption that exporters in nonmarket economies are under governmental control (Yingli Energy (China) Co. v. United States, CIT # 24-00131).
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The U.S. Supreme Court's decision in Loper Bright Enterprises v. Raimondo confirms that the U.S. Court of Appeals for the Federal Circuit must use its own judgment rather than defer to the Commerce Department in reviewing the agency's multifactor test for assessing independence from de facto Chinese government control of export functions, exporter Pirelli Tyre Co. argued (Pirelli Tyre Co. v. U.S., Fed. Cir. # 23-2266).
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Exporter Saha Thai Steel Pipe Public Co. petitioned the U.S. Supreme Court earlier this month to hear its antidumping duty scope case. The petition cast the lower court's decision sustaining the inclusion of its production in the scope of the AD order on circular welded carbon steel pipes and tubes from Thailand as a failure to apply the high court's recent decision in Loper Bright Enterprises v. Raimondo, which eliminated the principle of deferring to agencies' interpretations of ambiguous statutes (Saha Thai Steel Pipe Public Co. v. Wheatland Tube Co., Sup. Ct. 24-696).
Importer Integlobal Forest failed to convincingly argue that the Enforce and Protect Act isn't a strict liability statute, petitioner Coalition for Fair Trade in Hardwood Plywood argued. The coalition said both the "plain language of the statute and the overall statutory context" show that Congress didn't mean to require culpability of an importer as a "prerequisite" to an affirmative evasion finding (American Pacific Plywood v. United States, CIT Consol. # 20-03914).
Exporters led by Bio-Lab argued that the statute concerning surrogate value selection requires the Commerce Department to balance the importance of both economic and merchandise comparability rather than elevating one factor over the other. Filing a reply brief earlier this month at the Court of International Trade, Bio-Lab said that the court should find this to be the "best" reading of the statute, 19 U.S.C. 1677b(c), under the standard of review for ambiguous statutes established by the Supreme Court in Loper Bright Enterprises v. Raimondo (Bio-Lab v. U.S., CIT Consol. # 24-00024).