The following lawsuit was recently filed at the Court of International Trade:
The Commerce Department made several errors in its handling of the resumption of an antidumping duty investigation on tomatoes from Mexico after the termination of a suspension agreement, Mexican tomato exporter Bioparques de Occidente said in a Sept. 13 reply brief at the Court of International Trade (Bioparques de Occidente v. U.S., CIT # 19-00204).
The U.S. filed a motion to remand an Enforce and Protect Act case in light of the U.S. Court of Appeals for the Federal Circuit's ruling in Royal Brush Manufacturing v. United States, in which the appellate court said CBP violated an EAPA party's due process rights by not granting them access to business confidential information. Filing the Sept. 14 motion in a Court of International Trade case filed by importer Newtrend USA Co., the government claimed that a limited remand is needed because the opinion concerns "the treatment of confidential information" (Newtrend USA Co. v. United States, CIT # 22-00347).
The Court of International Trade in a Sept. 14 opinion upheld parts and sent back parts of the Commerce Department's countervailing duty investigation on phosphate fertilizers from Morocco.
President Joe Biden's two nominees for the Court of International Trade advanced to a vote before the full Senate following Sept. 14 votes in the Senate Judiciary Committee (see 2309120040). The nominees, Lisa Wang, assistant secretary of commerce for enforcement and compliance, and Joseph Laroski, partner at Schagrin Associates, passed the committee on votes of 12-9 and 18-3, respectively. All "Nay" votes for both candidates were cast by Republicans.
The following lawsuit was recently filed at the Court of International Trade:
The Court of International Trade should sustain the Commerce Department's remand results in an antidumping duty case on xanthan gum from China, DOJ argued in its Sept. 12 response at the Court of International Trade. In June, Commerce stuck by its decisions to apply adverse facts available to Meihua, not to rescind its review of Deosen Biochemical, and not to recalculate a separate rate, in spite of a court order to reconsider all three (see 2306280043) (Meihua Group International (Hong Kong) v. U.S., CIT # 22-00069).
Groups of exporters and importers filed complaints in 19 separate cases this week challenging the Commerce Department's anti-circumvention inquiry concerning the antidumping and countervailing duty orders on hardwood plywood products from China covering exports from Vietnam.
The Commerce Department properly used the Turkish lira to value exporter Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi's home-market sales as part of the 2018-19 review of the antidumping duty order on cold-rolled steel flat products from Turkey, the Court of International Trade ruled in a Sept. 14 opinion. Judge M. Miller Baker said Commerce's use of the lira didn't violate its past practice or the established reasons underlying this practice.
The Court of International Trade in a Sept. 14 opinion remanded elements and sustained elements of the Commerce Department's countervailing duty investigation into phosphate fertilizers from Morocco.