An Italian tire company had not adequately proven it wasn't controlled by the Chinese government, especially as substantial evidence existed to the contrary, the U.S. said Jan. 5 in response to the exporter’s appeal to the U.S. Court of Appeals for the Federal Circuit (Pirelli Tyre v. U.S., Fed. Cir. # 23-2266).
The Commerce Department swapped its use of partial adverse facts available for partial neutral facts available for antidumping duty respondent Shanghai Tainai Bearing Co. after admitting that it isn't able to determine whether Tainai has "sufficient control over its suppliers to induce their cooperation" (Shanghai Tainai Bearing Co. v. United States, CIT # 22-00038).
The Court of International Trade in a Jan. 5 opinion made public Jan. 16 sustained the Commerce Department's remand results reversing the use of adverse facts available against exporter Oman Fasteners for filing submitted 16 minutes late. The result is a zero percent margin for the company as part of the sixth antidumping review on steel nails from Oman. Judge M. Miller Baker upheld Commerce's use of Oman Fasteners' quarterly costs and not annual costs in calculating the company's cost of production, as well as its decision not to deduct Section 232 steel and aluminum duties from the U.S. price for all of Oman's entries.
Solar panel exporters, led by the Solar Energy Industries Association, urged the U.S. Court of Appeals for the Federal Circuit to rehear their case on President Donald Trump's decision to revoke a Section 201 tariff exclusion on bifacial solar panels (Solar Energy Industries Association v. U.S., Fed. Cir. # 22-1392).
The following lawsuits were filed recently at the Court of International Trade:
Home Depot on Jan. 10 dropped its lawsuit in the Court of International Trade challenging the president's authority to expand Section 232 national security tariffs beyond procedural deadlines. The U.S. Supreme Court this week denied a petition for writ of certiorari from steel nail maker Oman Fasteners, marking the sixth time the court has declined to address whether President Donald Trump legally expanded Section 232 duties on steel and aluminum derivatives (see 2401080037). Counsel for Home Depot confirmed in an email that its case was abandoned following the Supreme Court's most recent rejection (Home Depot USA v. U.S., CIT # 22-00014).
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: