The Commerce Department stuck by its position that Germany's KAV program is de jure specific and can be countervailed as part of the countervailing duty investigation on forged steel fluid end blocks from Germany. Submitting its remand results to the Court of International Trade Aug. 7, Commerce said that because the German government, through legislation, limited access to the program's relief to a "group" of enterprises, the eligibility criteria are vertical and satisfy the de jure specificity standard laid out in the statute (BGH Edelstahl Siegen v. U.S., CIT # 21-00080).
The Commerce Department stuck by its benchmark picks for the land program and the aluminum plate, sheet and strip program in a suit on the 2016-17 administrative review of the countervailing duty order on aluminum foil from China. Submitting its remand results to the Court of International Trade on Aug. 4, Commerce said Trade Data Monitor data on Harmonized System subheading 7606.12 was properly used as the benchmark for the aluminum plate program, and that a 2010 Coldwell Banker Richard Ellis (CBRE) report on Thailand was the proper land benchmark (Jiangsu Zhongji Lamination Materials Co. v. U.S., CIT # 21-00133).
The following lawsuit was recently filed at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit issued an errata in its Royal Brush Manufacturing v. U.S. opinion. The court removed the word "not" from the sentence that originally read, "The government nonetheless argues that confidential business information cannot not be disclosed absent a statute or regulation authorizing a protective order." In the opinion, the appellate court said that CBP violated importer Royal Brush's due process rights by failing to provide it access to business confidential information in an Enforce and Protect Act proceeding (see 2307270038).
The Supreme Court of the U.S., in an Aug. 1 order, granted the government's bid for an additional month to reply to importer PrimeSource Building Products' petition for a writ of certiorari on President Donald Trump's expansion of Section 232 duties onto steel and aluminum "derivatives." The government's reply will now be due Sept. 25, instead of Aug. 24 as originally planned. The government said its heavy case load warranted the delay.
Exporter Pirelli Tyre Co. will appeal a Court of International Trade decision finding that Pirelli failed to rebut the presumption of Chinese government control in the 2017-18 review of the antidumping duty order on passenger vehicle and light truck tires from China. According to the notice of appeal, the exporter will take the case to the U.S. Court of Appeals for the Federal Circuit. In the opinion, the trade court said there isn't a different standard of proof for rebutting the presumption of government control in antidumping proceedings based on the degree of the foreign state's ownership stake in a respondent (see 2306120055) (Pirelli Tyre Co. v. United States, CIT # 20-00115).
The Court of International Trade in an Aug. 4 notice granted importer Viking Drill & Tool's bid to dismiss its customs suit concerning its high-speed drill rods. The importer claimed in its summons that CBP illegally denied its protest, which said the rods of Harmonized Tariff Schedule subheading 7228.10.0030 were granted Section 232 steel and aluminum duty exclusions but were still assessed the duties (Viking Drill & Tool v. United States, CIT # 22-00058).
The Commerce Department improperly found that lemon juice exporter Louis Dreyfus Co. (LDC) was not affiliated with its primary fresh lemon supplier, leading to a de minimis rate for LDC, petitioner Ventura Coastal argued in its Aug. 3 motion for judgment at the Court of International Trade. The petitioner said Commerce discussed only LDC's potential reliance on the supplier, whose name was redacted in the brief, but failed to consider the supplier's reliance on LDC, misapplying the legal standard (Ventura Coastal v. U.S., CIT # 23-00009).
The Commerce Department legally selected Malaysian import data to value backsheet and ethyl vinyl acetate (EVA) in an antidumping duty review on solar cells from China because that data best corresponds to the inputs used by exporter Risen Energy Co., the U.S. argued in an Aug. 3 reply brief at the U.S. Court of Appeals for the Federal Circuit (Risen Energy Co. v. United States, Fed. Cir. # 23-11550).
A three-judge committee at the U.S. Court of Appeals for the Federal Circuit found that Judge Pauline Newman committed a "serious form of misconduct" by thwarting the investigation into her fitness to continue serving at the court. Releasing its findings publicly Aug. 4, the committee recommended the court's Judicial Council bar Newman from sitting on any new cases for a one-year period "until she complies with the Committee's outstanding orders such that the inquiry into whether she suffers from a disability may be completed."