Exporter China Customs Manufacturing's solar panel mount assemblies are "fully and completely assembled" at the time they're imported, thus qualifying for a finished merchandise exclusion from the antidumping duty and countervailing duty orders on aluminum extrusions from China, CCM argued. Filing its opening brief at the U.S. Court of Appeals for the Federal Circuit on March 8, CCM, along with Greentec Engineering, argued that the record shows that the solar panel mount assemblies satisfy each of the requirements for the exclusion, including being fully assembled at the time of entry (China Custom Manufacturing v. United States, Fed. Cir. #22-1345).

The Court of International Trade remanded an Enforce and Protect Act challenge, per the U.S.' request, to give CBP a chance to fix the record after it found out that parties to the investigation weren't given certain documents in the investigation. The case involves a CBP investigation of allegations that Norca Industrial Co. evaded antidumping duties on carbon steel butt-weld pipe fittings from China by transshipping its imports through Vietnam. The documents include those relating to a third party's photos and videos from a site visit to manufacturer BW Fittings' Vietnam facility. Judge Jennifer Choe-Groves granted the remand solely for the "full consideration of the complete record" and declined to "opine" on other issues raised by Norca.

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 Court of International Trade granted steel importer North American Interpipe refunds on Section 232 steel and aluminum duties it paid following court mediation over the company's challenge to the U.S.'s denials of NAI's exclusion requests from the tariffs. Per the public stipulated judgment on agreed-upon fact, Judge M. Miller Baker penned an order which declares that NAI may not appeal (North American Interpipe v. United States, CIT #20-03825).

The Uruguay Round Agreements Act taken as a whole authorizes expedited countervailing duty reviews, the governments of Quebec and New Brunswick along with six Canadian companies argued in a March 8 reply brief at the U.S. Court of Appeals for the Federal Circuit. When taking into account the context of the URAA, its legislative history and the legislative process through which the URAA was adopted, it's clear that Congress meant to establish an expedited review process, the Canadian parties argued.

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 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).

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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).

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).