Importer Valeo North America will appeal a Nov. 8 Court of International Trade decision sustaining the Commerce Department's scope ruling that the company's T-series aluminum sheet is covered by the antidumping and countervailing duty orders on common alloy aluminum sheet from China. In the decision, the trade court upheld Commerce's consideration of and weight applied to various industry evidence along with its detailed discussion of heat treatment (see 2311090034). According to the notice of appeal, Valeo will take the case to the U.S. Court of Appeals for the Federal Circuit (Valeo North America v. United States, CIT # 21-00581).
The U.S. added two attorneys to its litigation team in the massive Section 301 case at the U.S. Court of Appeals for the Federal Circuit. Filing an amended notice of appearance on Nov. 20, the government tacked on Melissa Patterson and Joshua Koppel -- two attorneys in DOJ's Civil Appellate Division -- to the appellee team for the U.S. (HMTX Industries v. United States, Fed. Cir. # 23-1891).
The Court of International Trade in a Nov. 20 opinion granted the motion from a group of Canadian exporters to reinstate their exclusion from the countervailing duty order on softwood lumber from Canada after the U.S. Court of Appeals for the Federal Circuit reversed a CIT ruling that overturned an expedited review that excluded them from the duties. The court also made the exclusion of the exporters effective back to August 2021, when the companies were first subjected to the order.
The Commerce Department didn't violate statutory, regulatory or constitutional considerations in instructing CBP to automatically liquidate exporter Goodluck India's cold-drawn mechanical tubing shipments as part of the third antidumping review without providing the company with a later chance to file a request for review, the Court of International Trade ruled. The court originally excluded Goodluck's entries from the AD order, but that ruling was reversed on appeal. Commerce told CBP to liquidate Goodluck's entries subject to the AD order's third review at the 33.7% rate instead of the provisional zero percent rate in place during the second AD review's anniversary month.
The following lawsuit was recently filed at the Court of International Trade:
The scope of the antidumping duty order on carbon steel butt-weld pipe fittings from China "unambiguously" applies to pipe fittings "in finished and unfinished form," AD petitioners Tube Forgings of America and Mills Iron Works argued in a Nov. 16 complaint at the Court of International Trade. Commerce's determination "eviscerates" the order's remedial effect by interpreting the term "unfinished form" to mean "create subcategories of pipe fittings in unfinished form," then saying these subcategories excluded certain pipe fittings in unfinished form, the brief said (Tube Forgings of America v. U.S., CIT # 23-00236).
The Commerce Department cannot make the contradictory finding that the process of assembly or completion of solar cells in Cambodia was insignificant, while simultaneously saying these processes, involving the formation of a positive-negative junction on a polysilicon wafer, give the solar cells their essential character, exporter BYD HK Co. said in a Nov. 16 complaint at the Court of International Trade (BYD (H.K.) Co. v. U.S., CIT # 23-00221).
The Court of International Trade on Nov. 17 upheld the International Trade Commission's critical circumstances finding on raw honey imports from Vietnam, which led to the retroactive imposition of antidumping duties on the products. Judge Leo Gordon said that legal and evidentiary claims from the plaintiffs, led by Sweet Harvest Foods, fell flat.
The Court of International Trade in a Nov. 20 opinion granted a group of Canadian exporters' motion to reinstate their exclusion from the countervailing duty order on softwood lumber from Canada after the U.S. Court of Appeals for the Federal Circuit reversed a CIT ruling subjecting the companies to the order. Judge Mark Barnett said that while the second clause of Rule 60(b)(5) was not the proper basis for granting this request, the rule's third clause was, since the enforcement of the court's previous order subjecting the companies to CVD cash deposits is no longer equitable. The court also made the exclusion of the exporters effective going back to August 2021, when Barnett first subjected the companies to the order.
The Commerce Department imposed an "onerous level of certification" on countervailing duty respondent Risen Energy Co. regarding its supposed use of China's Export Buyer's Credit Program, the Court of International Trade ruled in a Nov. 17 opinion. Judge Jane Restani said that all the factors considered together, which included the provision of non-use certificates from Risen's U.S. buyers and government intrusion into these companies' financial records regarding years-old transactions, resulted in an "unnecessary level of verification."