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).
CBP can reasonably interpret facts to establish that an importer is evading antidumping and countervailing duties in an Enforce and Protect Act investigation, and doesn't need to establish that no other conclusion could possibly be drawn from the record in an EAPA case, DOJ told the Court of International Trade in a brief filed May 20 (Leco Supply v. United States, CIT #21-00136).
The following lawsuits were recently filed at the Court of International Trade:
Plaintiff and exporter Prosperity Tieh Enterprise Co. opposed a group of U.S. steel producers' motion in an antidumping duty case to hold an oral argument, telling the Court of International Trade that the motion is "unnecessary and disingenuous." In the May 20 filing, Prosperity argued that since the case has been going on for six years and the main issue in the case -- the decision to collapse mandatory respondents Yieh Phui Enterprise Co. and Synn Industrial Co. with one of their affiliates, Prosperity -- has been "extensively briefed," the need for oral argument is precluded (Prosperity Tieh Enterprise Co. v. United States, CIT Consol. #16-00138).
The Bureau of Industry and Security's upcoming shift in its administrative enforcement policies could signal a more aggressive posture toward cracking down on illegal exports and may change how companies voluntarily disclose violations, a former BIS agent said. But some lawyers say the policies could represent a minor shift, and it may be too early to tell how they will affect compliance decisions.
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.