The Court of International Trade on Aug. 21 granted the government's motion to serve German paper exporter Koehler through its U.S. counsel in a suit looking to get Koehler to pay over $193 million in unpaid antidumping duties and interest. Judge Gary Katzmann said the court's Rule 4(e), which allows service on an individual in a foreign country "by other means not prohibited by international agreement," allows service through a foreign company's U.S.-located counsel. The judge added that international comity doesn't bar this type of service and that service through Koehler's U.S. counsel wouldn't strip the company of its due process rights.
The Court of International Trade on Aug. 19 sustained the Commerce Department's decision not to amend the antidumping duty order on softwood lumber from Canada to revoke the order as to exporter Resolute FP Canada in the sunset review of the order.
The Court of International Trade on Aug. 16 reassigned an antidumping duty scope case on Chinese garlic from Judge Gary Katzmann to Judge M. Miller Baker. Importer Marcatus QED filed suit, claiming the Commerce Department erred in finding that the company's shipments of preserved garlic in brine fell within the scope of the AD order on fresh garlic from China (see 2406140039). Baker already has been assigned at least one other case related to the scope of antidumping duties on Chinese garlic (see 2408090042) (Marcatus QED v. U.S., CIT # 24-00091).
Antidumping duty petitioner Catfish Farmers of America on Aug. 15 opposed the Commerce Department's remand results in a suit on the 2017-18 administrative review of the AD order on frozen fish fillets from Vietnam. In comments submitted to the Court of International Trade, the petitioner contested Commerce's conclusion that India offered better quality surrogate value data than Indonesia for generally valuing the fish fillets' factors of production (Catfish Farmers of America v. U.S., CIT # 20-00105).
The Court of International Trade on Aug. 20 remanded the Commerce Department's 2021-22 review of the antidumping duty order on solar products from China. Judge Claire Kelly sent back Commerce's decision not to adjust exporter Trina Solar Co.'s U.S. price by the amount of six programs the agency countervailed in the most recent accompanying countervailing duty review. Kelly found that Commerce failed to explain its decision that the six programs weren't export contingent.
The Court of International Trade on Aug. 19 sustained the Commerce Department's first sunset review of the antidumping duty order on softwood lumber from Canada. Judge Jane Restani said jurisprudence from the trade court and the U.S. Court of Appeals for the Federal Circuit on Commerce's use of the Cohen's d test doesn't compel the revocation of the AD order for exporter Resolute FP Canada. The judge held that since neither court has rejected the standard use of the test, Commerce wasn't required to revert Resolute's dumping margin to zero in the underlying investigation.