The Court of International Trade on Jan. 23 denied a U.S. request for a voluntary remand to reconsider due process issues in an Enforce and Protect Act case involving cast iron soil pipe imports by Phoenix Metal, in light of the U.S. Court of Appeals for the Federal Circuit's ruling in Royal Brush Manufacturing v. U.S.

The U.S. moved to dismiss a complaint from solar cell maker Auxin Solar and solar module designer Concept Clean Energy at the Court of International Trade challenging the Commerce Department's pause of antidumping and countervailing duties on solar cells and modules from Southeast Asian countries found to be circumventing the AD/CVD orders on these goods from China (Auxin Solar v. United States, CIT # 23-00274).

The Court of International Trade on Jan. 23 sustained the Commerce Department's finding that oil piping from Brunei and the Philippines circumvented the antidumping and countervailing duty orders on oil country tubular goods from China.

The U.S. Court of Appeals of the Federal Circuit has consistently permitted the Commerce Department's use of its non-market economy policy in antidumping cases, the U.S. told the appellate court in a Jan. 18 opening brief. Appealing a Court of International Trade decision calling into question the NME policy, the government argued that "Congress has afforded Commerce wide latitude in how it enforces and implements" the AD statute and "this Court has consistently sustained Commerce's exercise of this discretion, in the absence of unambiguous statutory direction" (Jilin Forest Industry Jinqiao Flooring Group Co. v. United States, Fed. Cir. # 23-2245).

Target Corp. told the U.S. Court of Appeals for the Federal Circuit that the U.S. failed to distinguish the court's opinion in Cemex v. U.S. from Target's case, in which the retail giant is contesting a court-ordered reliquidation of its entries that erroneously received a favorable antidumping duty rate. Target said that no "amount of legal legerdemain and reference to" distinguishable case law can "mask the vacuity of" the "attempted distinctions" (Target Corp. v. United States, Fed. Cir. # 23-2274).

The Court of International Trade on Jan. 19 sustained the Commerce Department's use of exporter PhosAgro's profit before tax number instead of its gross profit mark when calculating the company's phosphate mining rights benefit.

The Supreme Court heard oral argument on Jan. 17 in a pair of cases contesting the Chevron doctrine, under which deference is afforded to executive agencies in interpreting federal laws where there is ambiguity. Many of the justices appeared primed to strike down the doctrine, including Justices Neil Gorsuch, Brett Kavanaugh, Samuel Alito and John Roberts, who either criticized its use or questioned its current relevancy and impact (Loper Bright Enterprises v. Raimondo, Sup. Ct. # 22-451) (Relentless v. Dept. of Commerce, Sup. Ct. # 22-1219).

NEW YORK -- The Court of International Trade held oral argument on Jan. 18 in Chinese exporter Ninestar's case challenging its placement on the Uyghur Forced Labor Prevention Act Entity List, addressing the company's motion for a preliminary injunction against its listing and its bid to unseal and unredact the record in the case (Ninestar Corp. v. U.S., CIT # 23-00182).

The Court of International Trade on Jan. 16 sent back CBP's finding that importer Columbia Aluminum Products' door thresholds evaded the antidumping and countervailing duty orders on aluminum extrusions from China. Judge Timothy Stanceu said CBP, in both the final evasion decision and an administrative review of the decision, committed "multiple errors, both of fact and of law." The judge said CBP didn't have evidence on its side in making the evasion finding, nor did it properly initiate the investigation.

Pistol maker Glock sued the U.S. at the Court of International Trade Jan. 16, saying CBP, upon liquidation of Glock’s imports, erroneously failed to deduct Glock’s royalty payments from the imports’ value calculation (Glock v. U.S., CIT # 23-00046).