The Court of International Trade in an Oct. 20 opinion sustained the Commerce Department's 2020 review of the countervailing duty order on truck and bus tires from China. Judge Mark Barnett said Commerce properly levied Qingdao Ge Rui Da Rubber Co. with an adverse facts available rate over its alleged use of China's Export Buyer's Credit Program. The court said that the exporter failed to raise a host of challenges to the use of AFA administratively, barring relief on its claims at CIT.

The Commerce Department incorrectly found solar panels imported from Cambodia, Malaysia, Thailand and Vietnam are circumventing the antidumping and countervailing duty orders on crystalline silicon photovoltaic cells from China, according to four separate complaints, all filed on Oct. 18 and all asking the Court of International Trade for remand.

The International Trade Commission performed only a "cursory analysis" and presumed causation where none existed in its antidumping duty injury investigation on oil country tubular goods from Argentina and Mexico, Tenaris Bay City and consolidated plaintiffs from two other cases said in an Oct. 12 reply brief at the Court of International Trade (Tenaris Bay City, Inc. v. U.S., CIT # 22-00344).

The Commerce Department failed to address contradicting that the U.S. industry couldn't timely provide tin mill products when it denied Seneca Foods' requests for exclusions from Section 232 steel and aluminum duties, the Court of International Trade ruled in an Oct. 18 opinion.

Chinese printer cartridge manufacturer Ninestar Corp. urged the Court of International Trade to order the U.S. to submit the full, unredacted administrative record relating to the Forced Labor Enforcement Task Force's (FLETF's) decision to add Ninestar to the Uyghur Forced Labor Prevention Act Entity List. Even though the court has entered a protective order in the case, the government redacted over 99% of its submitted record (Ninestar Corp. v. United States, CIT # 23-00182).

Imported wood and metal seats met the requirements for Section 301 tariff exclusions but had those duties unlawfully levied upon them by CBP, Georgia-based furniture importer and wholesaler Belnick said in its Oct. 17 complaint at the Court of International Trade (Belnick v. U.S., CIT # 23-00072).

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The Commerce Department illegally rejected importer LE Commodities' requests for exclusion from Section 232 steel and aluminum tariffs on its imports of stainless steel round bar, the importer argued in an Oct. 16 complaint at the Court of International Trade. LE Commodities argued that looking at the record, the "only reasonable conclusion" was that the company cannot obtain these goods in the U.S. market in a "sufficient quantity or quality, on a timely basis to replace the steel it currently imports" (LE Commodities v. United States, CIT # 23-00220).

The Court of International Trade in an Oct. 18 opinion remanded the Commerce Department's decision to deny importer Seneca Foods Corp.'s eight requests for exclusions from Section 232 steel and aluminum duties on its tin mill product imports. Judge Gary Katzmann granted Commerce's voluntary remand request for reconsideration of two of the denials, while also remanding the remaining six exclusion request denials after finding the agency acted arbitrarily and capriciously in denying the requests. Commerce did not adequately address contradictory evidence, the judge said, noting the decisions raise questions about Commerce's entire administrative process.

Akin's Devin Sikes was appointed to the Court of International Trade's Rules Advisory Committee. The commiAn international trade counsel at Akin, Sikes adjudicates trade remedies and customs matters.