The Indonesian Fishery Producers Processing and Marketing Association on Aug. 14 dismissed its case at the Court of International Trade on the International Trade Commission's affirmative injury finding on shrimp from Indonesia, Ecuador, India and Vietnam. The association brought the case to argue that the ITC erred in finding "significant underselling" was the basis on which to determine that the shrimp imports injured the U.S. domestic industry (see 2502270020) (Indonesia Fishery Producers Processing and Marketing Association v. United States, CIT # 25-00035).
The Commerce Department's failure to investigate and attribute subsidies received by respondent Antiqa Minerals' cross-owned affiliates and their suppliers in a countervailing duty investigation was unlawful, petitioner The Coalition for Fair Trade in Ceramic Tile argued in an Aug. 15 complaint at the Court of International Trade. Challenging the CVD investigation on ceramic tile from India, the coalition said Commerce's cross-ownership analysis of Antiqa was unsupported by substantial evidence (The Coalition for Fair Trade in Ceramic Tile v. United States, CIT # 25-00152).
In an opinion made public Aug. 19, Court of International Trade Judge Mark Barnett affirmed the Commerce Department's decision to reject a separate rate application submitted by solar cell exporter Yingli Energy (China). He observed that the exporter's majority shareholder was a Chinese government agency. He also upheld Commerce's rebuttable presumption that exporters in nonmarket economies are government-controlled (Yingli Energy (China) Company Limited v. United States, CIT # 24-00131).
In a decision made public Aug. 19, Court of International Trade Judge Claire Kelly again said the Commerce Department’s de facto specificity finding regarding the South Korean steel industry’s use of a countrywide electricity program lacked a rational explanation. Remanding the finding again, she told Commerce to apply the disproportionality analysis she defined in her first remand order (Hyundai Steel Co. v. United States, CIT # 23-00211).
The following lawsuits were filed recently at the Court of International Trade:
Four importers recently dismissed their cases at the Court of International Trade regarding President Donald Trump's decision from his first administration to revoke a Section 201 tariff exclusion for bifacial solar panels. The importers are Shining Solutions, Light & Hope Energy, JinkoSolar (U.S.) and Longi Solar Technology (U.S.) (Shining Solutions v. U.S., CIT # 22-00301) (Light & Hope Energy v. U.S., CIT # 22-00303) (JinkoSolar (U.S.) v. U.S., CIT # 22-00241) (Longi Solar Technology (U.S.) v. U.S., CIT # 22-00212).
Filing its own brief in support of its negative injury determination regarding aluminum extrusions from multiple countries, the International Trade Commission said Aug. 11 that it reasonably found that aluminum extrusion imports didn’t significantly undersell domestic products, noting the imports oversold them about two-thirds of the time and only undersold them the other one-third (U.S. Aluminum Extruders Coalition v. United States, CIT # 24-00209).
The Commerce Department properly relied on Maersk data as the surrogate value for ocean freight and found that certain fabricated steel components used by respondent Zhejiang Dingli Machinery shouldn't be valued using data under Harmonized System subheadings covering "primary or raw steel products," petitioner Coalition of American Manufacturers of Mobile Access Equipment argued. Submitting remand comments to the Court of International Trade on Aug. 11, the coalition urged the court to accept the agency's remand results in the antidumping duty investigation on mobile access equipment from China (Coalition of American Manufacturers of Mobile Access Equipment v. United States, CIT Consol. # 22-00152).
Exporters Maquilacero and Tecnicas de Fluidos on Aug. 13 opened a five-count case against the 2022-23 administrative review of the antidumping duty order on light-walled rectangular pipe and tube from Mexico. The companies challenged the Commerce Department's findings that products made by Tecnicas from light-walled rectangular tubing are within the scope of the order and the agency's decision to collapse Maquilacero and Tecnicas (Maquilacero S.A. de C.V. v. United States, CIT # 25-00176).
The International Trade Commission urges an approach to the redaction of business proprietary information that "the law forbids," Alex Moss, executive director of the Public Interest Patent Law Institute, said in an Aug. 13 amicus brief at the U.S. Court of Appeals for the Federal Circuit in a case on the commission's redaction policy. Moss said the ITC unlawfully asks the court to "redact judicial records at its request without requiring any justification" (In Re United States, Fed. Cir. #s 24-1566, 25-127).