The U.S. acknowledged on Aug. 16 that CBP mistakenly liquidated certain tire entries subject to an injunction from the Court of International Trade. Filing a status report, the government said the Commerce Department "took corrective action," telling CBP to "promptly return to unliquidated status any entries that had been inadvertently liquidated in violation of the Court’s order" (Titan Tire Corp. v. United States, CIT # 23-00233).
After three remands by Court of International Trade Judge Mark Barnett, the Commerce Department on Aug. 15 yet again found that a petitioner’s evidence wasn’t enough for the department to investigate an allegation that the Korean government was providing subsidized electricity to South Korean steel exporters during off-peak hours (Nucor v. U.S., CIT # 21-00182).
Turkish exporter Eregli Demir ve Celik Fabrikalari (Erdemir) will appeal its three separate cases filed at the Court of International Trade regarding the sunset review of an antidumping duty order on hot-rolled steel flat products from Turkey (Eregli Demir ve Celik Fabrikalari v. U.S. International Trade Commission, CIT #'s 22-00349, -00350, -00351).
In a confidential order, the Court of International Trade on Aug. 15 remanded the final results of an administrative review on frozen shrimp from India. In doing so, Judge Thomas Aquilino granted the motions for judgment of both an exporter and a petitioner (Ad Hoc Shrimp Trade Action Committee v U.S., CIT Consol. # 23-00202).
Last week, the Court of International Trade said anti-forced labor advocacy group International Rights Advocates (IRAdvocates) didn't have standing to challenge CBP's inaction in responding to a petition to ban cocoa from Cote d'Ivoire, alleging that it's harvested by child labor (see 2408080049). Speaking with Trade Law Daily, Terrence Collingsworth, counsel for IRAdvocates, said he intends to appeal the decision but, should that fail, he is ready to bring alternative plaintiffs before the court who may more clearly establish standing.
The Court of International Trade on Aug. 16 remanded the Commerce Department's inclusion of the alleged subsidy rate for China's Export Buyer's Credit Program in exporter Risen Energy Co.'s countervailing duty margin in the 2020 review of the order on Chinese solar cells. Judge Jane Restani said that while there is a gap in the record due to the Chinese government's failure to cooperate, Risen failed to fill the gap because it submitted only nonuse certificates from all but one of its customers. However, the judge said it's unreasonable for Commerce to not prorate Risen's CVD rate for the EBCP based on all the sales the company was able to verify didn't benefit from the EBCP.
A Swiss watchmaker embroiled in a customs dispute with the U.S. since 2018 "failed to provide” evidence that the watches its commercial invoices identified were actually the ones it imported, the government said Aug. 13 in support of its cross-motion for judgment (Ildico v. United States, CIT # 18-00136).
The Court of International Trade on Aug. 13 sustained the Commerce Department's countervailing duties on ribbon exporter Yama Ribbons and Bows pertaining to its reception of synthetic yarn and caustic soda, two ribbon inputs, for less than adequate remuneration. Judge Timothy Stanceu said Commerce adequately used adverse facts available in multiple instances of the subsidy analysis due to the Chinese government's failure to respond to the agency to the best of its ability.