The Commerce Department erred by finding that South Korea's provision of electricity below cost "conferred a non-measurable benefit," countervailing duty petitioner Nucor Corp. argued in a June 6 complaint at the Court of International Trade. Nucor railed against the "evidentiary flaws" Commerce relied on from cost data from South Korea's sole supplier of electricity, the Korean Electric Power Corporation (KEPCO), but said that even using this data, it's clear that a benefit was conferred to the mandatory respondents (Nucor Corporation v. United States, CIT #22-00137).
The following lawsuits were recently filed at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit issued its mandate in three cases challenging an antidumping duty investigation's final determination subject to a suspension agreement. In the opinions, the appellate court held that the plaintiff-appellants have the right to judicially challenge the final determination even if they're subject to a suspension agreement, though it did dismiss many of the claims made in the actual actions (Red Sun Farms v. United States, Fed. Cir. #20-2230) (Confederacion de Asociaciones Agricolas del Estado de Sinaloa v. United States, Fed. Cir. #20-2232) (Jem D International (Michigan) Inc. USA v. United States, Fed. Cir. #21-1292).
Magnesia alumina carbon (MAC) brick exporter Fedmet Resources' move to oppose the U.S. stay motion in an Enforce and Protect Act case only delays resolution, DOJ argued in a June 3 reply brief at the Court of International Trade. Fedmet opposes the stay and seeks the filing of a voluntary remand in a window that the U.S. says is impossible since it needs a covered merchandise referral determination from the Commerce Department -- the matter at the heart of the contested stay motion (Fedmet Resources v. U.S., CIT #21-00248).
The following lawsuits were filed at the Court of International Trade during the week of May 30 - June 5:
Imported carbon steel tubing lined with epoxy coating are insulated for tariff schedule purposes, and should be classified under heading 8547 as insulating fittings for electrical machines, appliances or equipment, importer Shamrock Building Materials said in a motion for summary judgment filed June 6 at the Court of International Trade (Shamrock Building Materials, Inc. v. United States, CIT # 20-00074).
Legalization at the state level allows importer Keirton USA to “manufacture, possess, or distribute” marijuana but doesn't constitute a specific authorization to go against the "uniform Federal ban" on drug paraphernalia imports, DOJ said in a June 6 brief at the Court of International Trade (Keirton USA v. U.S. Customs and Border Protection, CIT #21-00452).
Even if the Commerce Department finds that solar panels from Southeast Asia are circumventing antidumping and countervailing duty actions against Chinese exports, no AD/CVD will be collected for the next two years, the Biden administration announced on June 6. Trade lawyers were astonished by the action, which is based on the authority to temporarily suspend AD/CVD when imports are needed to respond to natural disasters "or other emergencies."
The following lawsuits were recently filed at the Court of International Trade:
The Commerce Department erred by not hitting antidumping duty respondent Chandan Steel Limited with adverse facts available based on the company's inaccurate and incomplete reporting of information, the Coalition of American Flange Producers said in a June 3 complaint at the Court of International Trade. The coalition filed its case to challenge Commerce's final results in the administrative review of the AD order on stainless steel flanges from India. The AD petitioner also challenged Commerce's decision not to hit Kisaan Die Tech Private Limited with AFA based on its allegedly "inaccurate and incomplete reporting" (Coalition of American Flange Producers v. United States, CIT #22-00168).