NEW YORK -- In a marathon four-and-a-half hour oral argument session last week, Court of International Trade Judge Stephen Vaden sharply questioned the International Trade Commission's redaction process in an injury proceeding on phosphate fertilizers (OCP v. United States, CIT Consol. # 21-00219).
The Court of International Trade on April 1 granted the New Zealand government's motion to dissolve a preliminary injunction banning its fish exports in a challenge to the National Oceanic and Atmospheric Administration's 2020 findings that New Zealand's standards for its West Coast North Island inshore trawl and set net fisheries were comparable to U.S. regulations.
The U.S. brought a customs penalty suit against importer E-Dong U.S.A. for failure to pay federal excise tax on entries of soju bottles from South Korea. Filing a complaint March 28 at the Court of International Trade, the government said that the company entered the soju, a Korean spirit, via "material or false statement" by failing to reference any of the owed excise tax (U.S. v. E-Dong, U.S.A., CIT # 24-00066).
The Commerce Department "abused its discretion" by using a "bright-line rule to reject" Jindal Poly Films' Section III affiliation questionnaire in the 2021 countervailing duty administrative review on polyethylene terephthalate film, sheet and strip from India, the exporter charged in a complaint filed at the Court of International Trade March 27 (Jindal Poly Films v. U.S., CIT # 24-00053).
The Commerce Department last week issued new antidumping and countervailing duty regulations, which, most notably, lifted the prohibition on the consideration of transnational subsidies in CVD cases (see 2403210070).
The Commerce Department on March 26 set a higher antidumping duty rate for exporter Ningbo Master International Trade in the investigation on beer kegs from China after electing on remand to use Brazilian wage data for the surrogate labor value. The exporter's rate. if sustained by the Court of International Trade, would rise from a de minimis mark to 4.23%, lifting the separate rate applicants' AD mark with it by an equal amount (New American Keg v. United States, CIT # 20-00008).
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China opened a case at the World Trade Organization against the U.S. Inflation Reduction Act's rules for electric vehicle subsidies and "other measures," the nation's Ministry of Commerce announced March 26, according to an unofficial translation.
The U.S. responded to a petitioner’s argument that a Commerce Department remand redetermination ignored “inconsistencies” found in a court-ordered on-site verification visit to an Indian forged steel fluid end block exporter (see 2403150041). It said that even the petitioner concedes that the department’s new result complies with the court’s remand opinion (Ellwood City Forge Co. v. U.S., CIT # 21-00007).
Three companies challenging the International Trade Commission's injury finding on Mexican and Chinese rail couplers responded to the ITC's and the petitioner's opposition to their motion to consolidate their cases, arguing that the "result is to sandbag Plaintiffs." Dubbing the ITC's opposition to the consolidation a "highly unusual move," the three companies -- Amsted Rail Co., Wabtec Corp. and Strato -- said that the opposition is "procedurally dubious" and "entirely meritless" (Amsted Rail Ind. v. U.S., CIT # 23-00268; Wabtec Corp. v. U.S., CIT # 23-00157; Strato v. United States, CIT # 23-00158).