The Commerce Department and the International Trade Commission published the following Federal Register notices Nov. 18 on AD/CVD proceedings:
A listing of recent Commerce Department antidumping and countervailing duty messages posted on CBP's website Nov. 17, along with the case number(s) and CBP message number, is provided below. The messages are available by searching for the listed CBP message number at CBP's ADCVD Search page.
Two importers, SAM HPRP Chemicals, dba SAM Nutrition, and Zak Designs, filed identical complaints at the trade court Nov. 14 challenging President Donald Trump’s use of the International Emergency Economic Powers Act to impose global tariffs (Zak Designs v. U.S. Customs and Border Protection, CIT # 25-00266) (SAM HPRP Chemicals Inc. v. U.S. Customs and Border Protection, CIT # 25-00267).
The Court of International Trade on Nov. 12 held that the deadline for filing a complaint isn't a jurisdictional issue. As a result, Judge Richard Eaton said he had the power to vacate the dismissal of a case from various exporters in an antidumping duty case, which was issued due to the exporters' failure to timely file a complaint.
The Commerce Department erred in picking Germany as the comparison market for determining antidumping duty respondent Prochamp's normal value in the AD investigation on mushrooms from the Netherlands, petitioner Giorgio Foods told the U.S. Court of Appeals for the Federal Circuit in its opening brief. Giorgio contested the four bases on which Commerce made its decision to use Germany as the comparison market, arguing that each isn't backed by substantial evidence (Giorgio Foods v. United States, Fed. Cir. # 25-2090).
Nations worldwide are working on individual regulatory frameworks for direct-to-device (D2D) service, with satellite operators facing some challenges in dealing with the varied approaches, said Lynk Chief Global Affairs Officer Amy Mehlman at an FCBA continuing education seminar Monday. Some countries might have to revisit their rules, she said, depending on what the ITU does at its 2027 World Radiocommunication Conference and the outcomes of Agenda Item 1.13, which deals with D2D service.
The Commerce Department unlawfully used "zeroing" in calculating respondent YDD Corporation's antidumping margin in the AD investigation on ferrosilicon from Kazakhstan, YDD argued in a Nov. 7 motion for summary judgment at the Court of International Trade. The respondent said Commerce has a "long-established practice of not using zeroing," yet the agency "departed from this practice" when calculating the company's AD rate "without providing any explanation for this change in practice" (YDD Corporation v. United States, CIT Consol. # 25-00100).
Exporter Kaptan Demir Celik Endustrisi ve Ticaret moved the Court of International Trade on Nov. 6 for a preliminary injunction in its case on the 2022 administrative review of the countervailing duty order on steel concrete reinforcing bar from Turkey. The motion only noted it had the partial consent from the government, since DOJ can't consult with the Commerce Department on the motion until the federal government reopens. Kaptan filed its case last month to contest Commerce's selection of a benchmark to value a subsidized lease provided to Kaptan's affiliate, Nur Gemicilik, in the review (see 2510140030) (Kaptan Demir Celik Endustrisi ve Ticaret v. United States, CIT # 25-00225).
Despite having a “laudable goal,” Colorado may not enforce a law requiring mental health warning labels on social media, the U.S. District Court for Colorado ruled in case 25-cv-2538-WJM-KAS as it granted tech industry association NetChoice’s motion for preliminary injunction on Thursday.
Noting that many judges aren't technology experts, 5th U.S. Circuit Court of Appeals Judge Patrick Higginbotham expressed concern Monday that many legal issues are decided using court documents instead of jury trials. “One of the frustrations” that stems from long-running litigation is that “a trial judge … never got to hear the full evidence,” he said during oral argument in CCIA v. Paxton.