Judge Stephen Vaden at the Court of International Trade said that parties in his cases that use text drafted from a generative artificial intelligence program, such as ChatGPT and Google Bard, must disclose the programs used and the parts of the text drafted by AI. Parties also must submit a certification saying that the use of the AI program "has not resulted in the disclosure of any confidential or business proprietary information to any unauthorized party."

The Court of International Trade granted countervailing duty petitioner Nucor's bid to dismiss its case on the 2019 CVD administrative review on hot-rolled steel flat products from South Korea. Nucor claimed the Commerce Department erred by finding the South Korean government's provision of electricity below cost conferred a non-measurable benefit. The company dismissed the case after having all parties sign a stipulation of dismissal (Nucor v. U.S., CIT # 22-00171).

The International Trade Commission was not required in a sunset review to cumulate imports of cold-rolled steel from Brazil with subject imports from five other countries under consideration, it argued in a June 13 brief at the Court of International Trade (Cleveland-Cliffs v. U.S., CIT # 22-00257).

The Commerce Department assigned exporter Double Coin Holdings the 105.31% China-wide dumping rate in its June 15 remand results filed in a suit on an administrative review of the antidumping duty order on off-the-road tires from China. The trade court previously remanded the case so that Commerce could hit the company with the China-wide rate after finding that Double Coin failed to rebut the presumption of government control (China Manufacturing Alliance v. United States, CIT # 15-00124).

The Commerce Department has had to change its practices in countervailing duty cases when dealing with the China Export Buyer's Credit Program (EBCP), despite the increased burden on the agency, due to a series of unfavorable court decisions, lawyers said during a panel discussion at Georgetown Law's annual International Trade Update June 13.

The Court of International Trade should reconsider its finding that the Commerce Department is prohibited from using a transaction-specific margin when employing total adverse facts available, antidumping duty petitioner American Manufacturers of Multilayered Wood Flooring argued in a response to a U.S. motion for reconsideration. The petitioner said reconsideration is needed since the court "decided an issue that was not presented by any party" (Fusong Jinlong Wooden Group v. U.S., CIT # 19-00144).

The Commerce Department's ruling that GreenFirst Forest Products is the successor to Rayonier A.M. Canada (RYAM) in a changed circumstances review as part of an antidumping duty proceeding does not affect the agency's decision finding that GreenFirst is not RYAM's successor in the parallel countervailing duty proceeding, the U.S. said. Responding to GreenFirst's notice of supplemental authority at the Court of International Trade, the government said standards for initiating a CCR differ for AD and CVD cases (GreenFirst Forest Products v. U.S., CIT # 22-00097).

The Court of International Trade on June 14 dismissed a suit from three conservation groups seeking to compel the Interior Department to decide whether Mexico is engaging in illegal trade and fishing of the totoaba fish, which threatens the endangered vaquita porpoise. The parties reached a settlement in April under which the agency found that Mexican nationals are violating the Convention on International Trade in Endangered Species of Wild Fauna and Flora (see 2306020054). Due to this finding, the U.S. could impose an embargo on any goods coming from Mexico.

The Court of International Trade on June 14 granted importer Maple Leaf Marketing's bid to redesignate the U.S.'s counterclaim as a defense in a customs spat on the classification of boronized steel tubing. Dismissing Maple Leaf's bid to dismiss as moot, Judge Claire Kelly cited the court's Cyber Power Systems (USA) v. U.S. decision to find that nowhere in Congress' scheme on the classification of goods does the legislative body explicitly let the U.S. "assert a counterclaim challenging CBP's classification."

Countervailing duty petitioner Nucor Corp. moved to voluntarily dismiss its case on the Commerce Department's countervailing duty administrative review on cold-rolled steel flat products from South Korea. The review covered entries in 2020. Nucor filed the case in May and had yet to file its complaint before dismissing the action without listing a reason (Nucor Corp. v. United States, CIT # 23-00100).