Judges at the U.S. Court of Appeals for the 8th Circuit questioned the claim that the U.S.-Peru Trade Promotion Agreement bars a class-action lawsuit against U.S. companies and their officials. The suit, brought by Peruvian citizens, alleges that a mineral smelting and refining complex in Peru caused environmental damage, harming the individuals (Sr. Kate Reid v. The Doe Run Resources Corp., 8th Cir. # 23-1625).
The Court of International Trade on Jan. 8 opinion rejected a U.S. request to redact information in the court's recent opinion sustaining an International Trade Commission affirmative injury finding in antidumping and countervailing duty cases on mattresses.
A Chinese aluminum foil exporter filed a complaint Jan. 8 at the Court of International Trade challenging the results of a 2021-2022 administrative review of the antidumping duty order covering their products (Jiangsu Dingsheng New Materials Joint-Stock Co. v. U.S., CIT # 23-00264).
Trade Law Daily is providing readers with the top stories from last week in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The Commerce Department on remand altered its analysis on whether an additional allotment of traceable carbon emissions credits in South Korea constituted a financial contribution. Submitting remand results to the Court of International Trade on Jan. 5, Commerce said that the South Korean government's decision to distribute additional free allowances of carbon emissions credits constitutes a "direct transfer of funds," rather than revenue forgone by the foreign government (Hyundai Steel Co. v. U.S., CIT # 22-00170).
The U.S. Supreme Court again turned down the chance to review President Donald Trump's expansion of Section 232 steel and aluminum duties beyond procedural time limits, denying a petition for writ of certiorari by steel nail maker Oman Fasteners (Oman Fasteners v. U.S., Sup. Ct. # 23-432).
Exporter SeAH Steel VINA Corp. filed a trio of complaints at the Court of International Trade on Jan. 5 to contest the Commerce Department's finding that pipes and tubes it exports from Vietnam, made using hot-rolled steel from China, South Korea and India, are circumventing antidumping duty orders on steel pipes from those three countries (SeAH Steel VINA Corp. v. U.S. , CIT # 23-00256, -00257, -00258).
Tire Exporter's Challenge to Presumption of NME State Control Sunk by CAFC Case Law, Petitioner Says
The Commerce Department has not established an "irrebuttable presumption" of state control for exporters in nonmarket economies, antidumping duty petitioner the United Steelworkers labor union argued in a Jan. 5 reply brief at the U.S. Court of Appeals for the Federal Circuit (Pirelli Tyre Co. v. United States, Fed. Cir. # 23-2266).
Russian exporter JSC Apatit took to the Court of International Trade to contest the Commerce Department's 2020-21 administrative review of the countervailing duty order on phosphate fertilizers from Russia, in which it received a 28.5% CVD rate (Joint Stock Company Apatit v. U.S., CIT # 23-00254).
A less stringent "reasonable cause" standard for adding companies to the Uyghur Forced Labor Prevention Act Entity List is justified on statutory and policy grounds, the U.S. told the Court of International Trade in a brief opposing Chinese exporter Ninestar Corp.'s motion for a preliminary injunction. Using a higher standard, such as a preponderance of the evidence standard, for making listing decisions, would undermine the UFLPA's goal of placing a burden on exporters to show that their goods are not made with forced labor (Ninestar Corp. v. U.S., CIT # 23-00182).