The Court of International Trade on Feb. 22 again remanded the Commerce Department's use of total adverse facts available against exporter Meihua and its affiliate in an antidumping duty review on xanthan gum from China. Judge Jennifer Choe-Groves said Meihua properly submitted information on the duties it paid, and its submission of its data 56 days before the antidumping review's preliminary results wasn't "untimely."

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

Exporter Shanghai Tainai Bearing Co. and importer C&U Americas brought a suit to the Court of International Trade on Feb. 20 challenging the 2021-22 review of the antidumping duty order on tapered roller bearings from China. The five-count complaint alleges a host of errors in the review, including on Commerce's use of partial adverse facts available (Shanghai Tainai Bearing Co. v. United States, CIT # 24-00025).

Exporter Nanjing Kaylang Co. filed a complaint at the Court of International Trade on Feb. 20 contesting a Commerce Department scope ruling that found Kaylang's products made from phragmites are subject to the antidumping and countervailing duty orders on wooden cabinets and vanities from China (Nanjing Kaylang Co. v. United States, CIT # 24-00045).

An aluminum foil importer argued Feb. 20 that the Commerce Department was wrong to find that a South Korean exporter circumvented antidumping and countervailing duties on Chinese aluminum because the underlying Chinese inputs underwent “significant” processing (Hanon Systems Alabama Corp. v. U.S., CIT # 24-00013).

Exporter Hoshine Silicon (Jia Xing) Industry Co. filed a lawsuit at the Court of International Trade to contest a withhold release order on the company and CBP's rejection of the exporter's petition to be removed from the WRO. The company, which goes by Jiaxing Hoshine, said the WRO has done "significant and irreparable damage" to its business and reputation and that CBP has skirted the law by failing to disclose the evidence it used in issuing the WRO (Hoshine Silicon (Jia Xing) Industry Co. v. U.S., CIT # 24-00048).

The Court of International Trade on Feb. 22 remanded the Commerce Department's remand results in the 2019-20 review of the antidumping duty order on xanthan gum from China. Judge Jennifer Choe-Groves rejected the agency's continued use of total adverse facts available against exporters Meihua Group International Trading (Hong Kong) and Xinjiang Meihua Amino Acid Co., finding that the companies submitted evidence on the amount of duties it paid as requested by Commerce. Choe-Groves also said the data, submitted 56 days before the review's preliminary results, wasn't untimely. The court also faulted Commerce for continuing to not conduct a collapsing analysis of exporter Deosen Biochemical, ruling that the company wasn't given adequate notice that it could request a new collapsing analysis.

The U.S. will appeal a Court of International Trade case on the 2017 review of the countervailing duty order on solar cells from China, it said in a Feb. 16 notice of appeal. The government lost at the trade court with regard to its land benchmark calculation and use of adverse facts available pertaining to China's Export Buyer's Credit Program (see 2312200026).

An antidumping duty petitioner said Feb. 17 that the Commerce Department accidentally included offsets for scrap not produced during the investigation period in its calculation of an exporter's normal value in an administrative review of the antidumping duty orders on Greek pipe (The American Line Pipe Producers Trade Association Committee v. U.S., CIT # 24-00012).

A Chinese ball bearings exporter asked for another remand of an antidumping duty review on its products after the Commerce Department exchanged its adverse facts available AD rate for one based on neutral facts, saying the department double-counted when constructing its products’ values and wrongly capped its revenue related to Section 301 duties (Shanghai Tainai Bearing Co. v. U.S., CIT # 22-00038).