The following lawsuit was recently filed at the Court of International Trade:
Court of International Trade activity
The Commerce Department swapped its use of partial adverse facts available for partial neutral facts available for antidumping duty respondent Shanghai Tainai Bearing Co. after admitting that it isn't able to determine whether Tainai has "sufficient control over its suppliers to induce their cooperation" (Shanghai Tainai Bearing Co. v. United States, CIT # 22-00038).
The U.S. asked the Court of International Trade on Jan. 9 to bar a wristwatch importer from using any materials the importer provided the government in its supplement to a document production request, saying it had been untimely (Ildico Inc. v. U.S., CIT # 18-00136).
A frozen fruit importer appealed Jan. 11 to the U.S. Court of Appeals for the Federal Circuit seeking to overturn the Court of International Trade’s May 30 ruling that 14 types of its fruit mixtures should be classified as “other” frozen fruits, not “food preparations not elsewhere specified,” under the Harmonized Tariff Schedule (Nature's Touch Frozen Foods (West) v. U.S., Fed. Cir. # 23-2093).
The U.S. and antidumping duty petitioner Wind Tower Trade Coalition defended the Commerce Department's decision to weight average, or "smooth," respondent Marmen's steel plate costs in the AD investigation on utility scale wind towers from Canada (Marmen v. United States, Fed. Cir. # 23-1877).
Solar panel exporters, led by the Solar Energy Industries Association, urged the U.S. Court of Appeals for the Federal Circuit to rehear their case on President Donald Trump's decision to revoke a Section 201 tariff exclusion on bifacial solar panels (Solar Energy Industries Association v. U.S., Fed. Cir. # 22-1392).
An Italian tire company had not adequately proven it wasn't controlled by the Chinese government, especially as substantial evidence existed to the contrary, the U.S. said Jan. 5 in response to the exporter’s appeal to the U.S. Court of Appeals for the Federal Circuit (Pirelli Tyre v. U.S., Fed. Cir. # 23-2266).
An Indian stainless steel flanges exporter sought Jan. 8 to have the Court of International Trade reconsider part of its opinion upholding the company’s adverse facts available antidumping duty rate from the 2018-19 administrative review on its products (Kisaan Die Tech Private Ltd. v. U.S., CIT Consol. # 21-00512).
The "low standard of proof" that the Forced Labor Enforcement Task Force used in adding exporter Ninestar Corp. to the Uyghur Forced Labor Prevention Act Entity List violates the requirements of UFLPA as written in the statute, Ninestar argued in a Jan. 10 supplemental brief at the Court of International Trade (Ninestar Corp. v. U.S., CIT # 23-00182).
Home Depot on Jan. 10 dropped its lawsuit in the Court of International Trade challenging the president's authority to expand Section 232 national security tariffs beyond procedural deadlines. The U.S. Supreme Court this week denied a petition for writ of certiorari from steel nail maker Oman Fasteners, marking the sixth time the court has declined to address whether President Donald Trump legally expanded Section 232 duties on steel and aluminum derivatives (see 2401080037). Counsel for Home Depot confirmed in an email that its case was abandoned following the Supreme Court's most recent rejection (Home Depot USA v. U.S., CIT # 22-00014).