The following lawsuits were recently filed at the Court of International Trade:

The Court of International Trade told litigants in a paperless order to file a proposed stipulated judgment in a countervailing duty case after a resolution of the matter was reached following a voluntary remand from the Commerce Department. Commerce said that a South Korean sewerage fees program was not countervailable, leading to a de minimis rate for plaintiff Hyundai Steel Company. In a March 9 joint status report, Hyundai and the U.S. said that case was resolved following the voluntary remand (Hyundai Steel Company v. United States, CIT #21-00012).

The Court of International Trade should deny Chinese exporter Jangho Group's bid for a rehearing in a countervailing duty case filed to contest Commerce's alleged failure to address the company's alternative arguments, the U.S. said in a March 9 reply brief. Jangho last raised the "long gone" arguments in 2019, and failed to raise its alternative arguments in its post-remand brief, meaning they are "waived" and thus not eligible for further litigation, DOJ argued (Taizhou United Imp. & Exp. Co. v. United States, CIT Consol. #16-00009).

The following lawsuits were recently filed at the Court of International Trade:

OCP, a Moroccan state-owned fertilizer maker, asked the Court of International Trade to order the International Trade Commission to reconsider its determination of injury. OCP's March 3 motion accuses the ITC of failing to consider arguments and evidence in the countervailing duty investigation of phosphate fertilizers from Morocco and Russia. The ITC determined in March 2021 that Morocco was subsidizing phosphate fertilization and that U.S. domestic industry was materially injured (OCP S.A. v. U.S., CIT Consol. # 21-00219).

The following lawsuits were recently filed at the Court of International Trade:

The Commerce Department properly decided not to consider off-peak electricity sold for less than adequate remuneration in a countervailing duty administrative review, DOJ said in a March 7 brief at the Court of International Trade. Responding to a motion for judgment from petitioner Nucor Corporation, DOJ said that Nucor's arguments merely dispute how Commerce weighed the evidence alleging that the provision of off-peak electricity for LTAR was a countervailable subsidy (Nucor Corporation v. United States, CIT #21-00182).

The Court of International Trade should not permit the U.S. to add an entire customs broker license exam to the record of a case contesting the results of one individual's exam results, counsel for Byungmin Chae argued in a March 7 reply brief. There are no "extraordinary reasons" that warrant the inclusion of the entire 80-question exam, as only five questions are being contested, Chae said (Byungmin Chae v. Secretary of The Treasury, CIT #20-00316).

The Court of International Trade stayed the deadline for DOJ's response to an amicus brief filed by the American Apparel and Footwear Association in a lawsuit on a seized shipment of palm oil over forced labor concerns. The palm oil shipment was entered by importer Virtus Nutrition and was excluded from entry by CBP over suspicions that the goods were made in Malaysia by forced labor (Virtus Nutrition v. United States, CIT #21-00165).

A Chinese aluminum extrusion exporter, along with its affiliates, filed for a rehearing in a countervailing duty case at the Court of International Trade, arguing the trade court failed to address the company's alternative arguments on a host of issues. The issues, which include claims about the specificity of an alleged benefit and whether certain input suppliers are government entities, are fully briefed and "ripe for decision," the motion for rehearing said (Taizhou United Imp. & Exp. Co. v. U.S., CIT #16-00009).