The Commerce Department failed to properly consider the "extremely disproportionate and prejudicial result" that stemmed from its decision to reject an untimely filing in an antidumping sunset review that led to the revocation of the order, three U.S. chemical companies argued in a May 31 reply brief at the U.S. Court of Appeals for the Federal Circuit. Commerce's "exceedingly narrow view" of what qualifies as an "extraordinary circumstance" isn't supported by the statute, evidence or the agency's own prior practice, given that Commerce said the U.S. companies' counsel's medical issues didn't qualify as such a circumstance, the brief said (Trinity Manufacturing v. United States, Fed. Cir. #22-1329).
A group of lawmakers is calling the outcry around the anticircumvention case on solar panels made in Southeast Asia "an attempt to undermine the integrity of our trade enforcement laws and the independence of our federal workforce."
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade sustained the Commerce Department's remand results in an antidumping case and a countervailing duty case both brought by exporter Celik Halat after the agency accepted submissions made just minutes late. Judge Timothy Stanceu upheld the agency's remand findings after Commerce accepted the submissions it initially rejected for being late -- a move dubbed a "draconian penalty" by Stanceu.
A group of lawmakers is calling the outcry around the anticircumvention case on solar panels made in Southeast Asia "an attempt to undermine the integrity of our trade enforcement laws and the independence of our federal workforce."
A renewable energy trade group called on the Commerce Department to end its anti-circumvention inquiry on solar cells from Cambodia, Malaysia, Thailand and Vietnam, citing a recent news article that quoted energy industry analysts saying Auxin Solar misapplied their research to justify its allegations of circumvention.
The following lawsuits were recently filed at the Court of International Trade:
Plaintiffs in an antidumping duty case led by Ellwood City Forge failed to challenge the legality of the questionnaire in lieu of on-site verification due to COVID-19 travel restrictions until the case reached the Court of International Trade, highlighting their failure to exhaust administrative remedies, exporter Bharat Forge argued. In a reply brief filed May 20, the exporter said the issue was "ripe for consideration" during the AD case, "yet Plaintiffs inexplicably did not raise" it (Ellwood City Forge Company v. U.S., CIT Consol. #21-00007).
Although utilities that are installing wind and solar operations and wind turbine manufacturers would like antidumping duty and countervailing duty laws to change to take public interest into account, panelists at Georgetown Law's International Trade Update acknowledged it will probably never happen.
Mixes of frozen fruits should be classified under heading 0811 as "fruit and nuts," rather than under heading 2106 as "food preparations," the government said in a cross-motion for summary judgement filed with the Court of International Trade on May 23 (Nature's Touch Frozen Foods (West) Inc. v. United States, CIT #20-00131).