The Court of International Trade on May 16 said that the Commerce Department lawfully excluded imports from non-market economy and export-subsidizing countries from the datasets it used when calculating input cost of production and market price under the major input and transactions disregarded rules.

Court of International Trade Chief Judge Mark Barnett appointed Cassidy Levy's Thomas Beline to be chair of the court's advisory committee, the court announced May 14. The committee's 20 members are lawyers from DOJ and in private practice. The group studies the court's rules of practice and procedures, and recommends improvements.

An Indian frozen shrimp exporter responded May 14 to opposition (see 2404160042) against its motion for judgment (see 2402080060) in a case regarding the results of an antidumping duty review, saying that the Commerce Department and petitioners had focused on the wrong arguments and failed to address key evidence (Ad Hoc Shrimp Trade Action Committee v U.S., CIT Consol. # 23-00202).

A pair of exporters shouldn't be allowed to pluck "a few words out of context without examining the full language of that scope" in their challenge to a Commerce Department ruling that steel truck wheels made in Thailand with either Chinese-origin rims or discs are subject to the antidumping and countervailing duty orders on steel wheels from China (Asia Wheel Co. v. United States, CIT Consol. # 23-00143).

Seneca Foods Corporation May 13 opposed a motion by DOJ for an extension of time to file a reply to its comments on remand, saying the department had failed to show good cause (Seneca Foods Corp. v. U.S., CIT # 22-00243).

The Court of International Trade on May 16 sustained the Commerce Department's remand results in an antidumping duty investigation of mattresses from Cambodia. Judge Gary Katzmann said Commerce, under both its major input and transactions disregarded rules, properly picked Cambodia as the "market under consideration" and appropriately excluded imports from nonmarket economy and export-subsidizing countries from the datasets it used when calculating input cost of production and market price. Katzmann also upheld Commerce's averaging of financial statements from Indian mattress-maker Emriates Sleep Systems and Grand Twins International (Cambodia) "for calculating constructed value profit and selling expenses."

The U.S. Court of Appeals for the Federal Circuit on May 15 said the scope of the antidumping duty order on circular welded carbon steel pipes and tubes from Thailand unambiguously includes dual-stenciled pipe, reversing the Court of International Trade's decision.

Tire exporters YC Rubber Co. and Sutong Tire Resources alerted the Court of International Trade to a separate CIT decision affirming the Commerce Department's finding that the mandatory respondent in an antidumping duty review remained eligible for a separate rate "despite its unwilligness to participate in the administrative review" (YC Rubber Co. (North America) v. United States, CIT # 19-00069).

An exporter of frozen fish fillets from Vietnam brought a case to court contesting the 2021-2022 antidumping review on its products. In its complaint, it said the Commerce Department had wrongly denied it byproduct offsets for “fresh broken meat” and “fresh fish waste by-products” and illegally liquidated some of its entries at the “punitive” Vietnam-wide rate instead of its own, lower, separate rate (Can Tho Import Export Seafood Joint Stock Company v. U.S., CIT # 24-00080).

The International Trade Commission did not properly investigate the actual feasibility or frequency of reshipping excess phosphate fertilizer during a year in which fertilizer supply chains were rocked by unusual events, foreign exporters and domestic importers told the Court of International Trade May 8 in comments opposing a continued affirmative injury finding by the ITC after a remand (OCP v. U.S., CIT Consol. # 21-00219).